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~._ <br /> <br />THIS INDENTURE, made this 19th _ day of September ____ , 19 ~g_, by and between <br />David A. Herman and_Patricia A. Herman, husband and wife, each in his and has own <br />sight and as spouse of the other, <br />of Nall ^Cotmty, Nebraska, es mortgagor 8 -, and Grand Island Trust Company of Grand Island, a txrrporation <br />organized and etdsting under the laws of Nebraska with its principal office and place of business at Grand Island, Nebraska, as mortgagee; <br />WITNESSETH: That said morts.:gor_ 3 ,for end in consideration of the sum of <br />_ **Seven Thousand Eighty and No/100ths** Dollarel8 7,0$0.00 1 <br />the receipt of which ie hereby acknowledged, do _ by these presents mortgage and warrant unto said mortgagee, its successors and assigns, <br />forever, all the following described real estate: situated in the County of _ Hal l <br />'end State of Nebraska, to-wit: <br />Lat Thirteen (13) in Ross Heights Subdivision in Hall County, <br />Nebraska. <br />Together whit all heating, air wnditioniag, lighting, and piumbiag equipment and futures, including screens, awnings, storm windows and <br />doors, and window shades or blinds, used on or in connection with said property, whether the same are now located on said property or hereafter <br />placed therm. <br />TO HAVE AND TO HOf,D THE SAME, together with all and singular the tenements, hertditaments sad apptntanaucus Lhereuota be- <br />longing, or in anywise appertaining, forever, and warrant the title to the same. Said morgagor 3 hereby covattent ~ w3tlt sekl <br />tnartgagee Lhat..._.L._. he...~_. ~rR _, at the delivery hereof, the lawful owner.S.___ of the premises above tronveved and described, <br />and are__ _ aa~.ed of a gtxtd_ aed indefeasible estate of inheritance the-rent, Eras and tsar of aJ anzs:mbrent~s, and that_~ba~r._z<.itl <br />warrant and defend the title thereto forever against the claims and dam_aads of all persnns whoatsoever. <br />_.. PR.QVIDEB ALWAYS, and this instrument is exocutad and delivered to secure the payment of the sum of _~_--_°-.---._„l,.~_~ <br />- ___`-`mar =~~:.._~~..~~Eu~;~.dllu__~t7['_~~ga.^°__.__--~----- -.IJuilnrsl3 ~.,.a~~L~aL+1 _..r.._.__ t, <br />with it~te.~t t,~~ n, toget.§~ ~h suzh zhar~ and advenrxs as may be due and payable to said mortgagee under the t~rt~ sad onat~itiuas <br />o€ the promissory note of even date herewith and secured hereby, executed by said mortgagor ._S_._. to said mortgages, payable as expressael <br />is said ate, and to secure the performance of all the farms and conditions contained therein. The terms of acid Hate nre hereby incorporated <br />herein 6y this reference. <br />It ie the intention and agtv~ment of the parties hereto that Chia mortgage shall also secure any future advances made LQ said mortgagor. <br />by said mortgagee, and any and alt indebtedness in addition W [he amount above stated which said mortgagors, or any of them, may owe to <br />said mortgagee, however evidenced, whether by note, book account or otherwise. This mortgage shall remain N full [orce and effect hatweea <br />the parties hereto and their hairs, persons! rnpresentatives, successors and assigns, until rll amounts secured heretmdex. including future <br />advancaa, are paid iri full with interest. <br />The mortgagor..~._._ heroby assign _.___. to said mortgagee all rents end income arising et any and all limos from said property and <br />hereby authorize avid mortgagee or its agent, at its option, upon default, to tike charge of said property and tnllect all n~nts oral income <br />therefrom sad apply the acme to cite payment of irttereat. principal, iasuranre premiums, Cart, aaaaasmants, ebymira or improvettt~tts <br />necessary to keep said property in tenantable mnditton, ar to other charges ar papmertts prvided far herein or in the Hate hereby secured. This <br />mat asaigntrient shall continua is faces uotA tlm unprkl balana~ a! said Hate is fully paid. Tha taking of panaession hereunder shalt in na manner <br />ptavtatt or retaeti eaitl mortgagee is the coliectioa of said arms by foreclosure or otherwise. <br />The fnilnra of the mortgagee to aeaert any of itn rights hereunder at any time shall Hat be rxmatrued as a waiger o! Its ritrltt tQ assert. the <br />same at any tats! time, and W insist upon and enfonx str.'zt compliance with all the terms and provisions of acid ace and of this mottftttge, <br />If said mortgagor S shall cause to rte pad to said tmngagae the enure amount due it hereunder, and under the terms end provisions <br />trf said note hereby severed, itthtding future advatxes, and any e:taasions or renewals thereof in aceordatxe with the terms and proviaictns <br />thereof, and If said mortgagor ~_ shall cmnpfy with all the provisions of said note and of this mortgage, tlratt these preaeata shall be void; <br />otiterwisa to temaln in full force and fact, and acid mortgagee shall 6e entitled w the poareeeion of al{ of said ptbperty, and may,. at its option, <br />declare the whole of said-ate ate all indebtedness represented thereby to be intmedietely duo sad payable, and may fnraclose this mortgage <br />or talcs say outer krgal action to protect Its right. Appraieemeat waived. <br />This mortgage shall be binding upon sad Shall enure to the benefit of the heirs, executors, administrators, atrcceasors and assigns of the <br />respective parties hereto, <br />IN WSTNESS WHEREOF', said Montgagor_$___ its ~'~ heteu thPi r _,____ hand,.5~..the' day and year furet above <br />written. - <br />j1.$ir~, Herten ~ ,--ti <br />Patricia A. Herman <br />