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?'•„-. ~"~"~~'":fir _ . ~.w ~.,,,r> ~ ~gtjFl;53,r,T j T;'RILLE t_~Gr;, Ikri+Gf3 FIriN'.~tl+lCLAtiL 'SEIN~''4fliCEl(i ---,- i'??A'~t7 IF3L.l.7 , NE$RASKA AGREED RATE OF CHARGE ON PROMISSORY NOTE EXECUTED CONCURRENTLY HEREIYITH: 2% pet month on that put of the napaid lnlaace of I ;ire Amount Fu-tanced oat exceeding 33,000; l'.4~ per mortih on any pare thereof excoeding f},0(R} but not ezcceding 35,000: I'frk pet month on the remainder. VIITNESSETH, that Mort~[s!. does mortgage. gzan t, bargain, x11, and convey, unto Mortgagee, its succeswrs ur azstgrs the following described Real Fstau in the ceunty of .State of Nebraska, to wit: i CT FLFyF:.,! (113 CLA(!SSE?+l S!IAT~IFrISFfl^! FFIP{G A PA°T C?F THE I~IE~T HALF OF Tirc („ flUAaTti R OF SE'CTIO~I "P'ydp (23 , T^f'fr'SziIF z;I,F'tjE'! (i 13 NORTH, RA!i E T>: N (1!)3 , t?ESTvF T!-!c FTH P,'"„ , HALL COJ~lTY, "?EP,RSAYA. - together with au buildings z_e improvements now or hereafter erected titereon and ali screens, awnings, shades, storm sash and otittds, aitd hearing, lighting, .plumbing, gas, electric, ventilating, refrigerating and air-conditioning equipment used in connection therewith, all of which, for the putpox of this mortgage, shalt be deemed fixiuxes and subject to the lien hereof, and the hereditaments and appurtenances pertaining to the property above described, and aH streets, lanes, alleys, passages, ways, waters, water courxs, rights, liberties and privileges, who+soever thereunto belonging or in anywise appertaining and the :eve[sions and remainders, all of w}tich is referred io hereinaRer as the "premises". TO HAV"t, AND TO HOLD the abovedescribed premises, with the appurtenances and fixtures, unto the said Mortgagee, its successors and assigns, forever, for "the purposes and uses herein xt forth, flee from all rights and benefits under and by virtue of any Homestead Exemption Laws of the State of Nebraska which may be enacted, which said rights and benefits the said Mortgagor dons hereby expressly release end waive. Mortgagor also assigns to Mortgagee all rents, issues and profits of said premixs, rexrving the right to collect and ux the same, with or without taking posxssion of the premixs, during wntinuance of default hereunder, and daring continuance of such default authorizing Mortgagee to enter upon said premises and/or to collect and enforce the same without regazd to adequacy of any xcurity for the indebtedness hereby secured by any lawful means including agpointmeni of a receiver in the name of any party hereto, and to appty the same less costs and expenses of operation and rniketion, irtetuding reawnable attomey's fees. upon any indebtedness secured hereby, in such order as btortgagee may determine. FOR THE PURPOSF, OF SECURING: (1} Performance oC each agreement of Mortgagor contained herein: (2) Payment of [he principal sum arith interest, as provided ue accordance with the teens and provisions of a Promissory No[e /Loan Agreement (hereinafter referred to as °promissory note") dated !IflVcingER 21, 197c ,herewith executed by Mortgagor and payable to the order of Mortgagee, in the principal sum of 3 ~~~~•?` ,and having the date of its final payment due on rtAv 21• 1483 , -or as extended, deferred or rexheduled by renewal or refinance; (3) Payment of any additional advances, with interest thereon,- as may hereafter be - loaned by Mottgagee to Mortgagor in a maximum sum oY X7,000.00 within 10 years from the date of this Mortgage; (4) The payment of any - money that may be advance-d bl• the Mortgagee [e ?itortgagur for any reawn or to third patties, with interest thereon, where the amounts are advanced to _--protect the security or in ac-cordance with the covenants at this t;artgage; {S} Any renewal, refinancing or extension of said promissory note, ar any other agreement ro pay which may be substieuied therefor. ----- -All payments made by Mortgagor on the obligation sectuea by this Mortgage shall be applied in the following order: -- - F'-lRS"f: Ta ilia payment of taxes and a_~~smsnxn tt~.at may be lariat and as~ss;d against said premises, insurance premiums, r~atirs, a^.d al! tither chazges and expenxs ageed to hr paid by the Mortgagor. SECOND: To the payment of interest due on said loan. THIRD: To fhe payment of principal. _ TO PROTECT THE SECURITY HEREOF, MORTGAGOR(S) COt'ENANTS AND AGREES: (I) to keep said premixs insured against loss by Lire and other hazards, casualty and contingencies up to the full value of all improvements for the protection of Mortgagee in such manner, in such amounts, and in such companies as Mortgagee may from time to time approve, and that loss proceeds (less expenx of collection) shall, at Mortgagee's option, be applied on said indebtedness, whether due or not or to the restoration of said improvements. In event of loss Mortgagor will give immediate notice by matt to the Mortgagee, who may make proof of loss if nut made promptly by Mortgagor, and each insurance company contained is hereby authorized and directed to make payment for such cuss directly to the Mortgagee instead of to the Mortgagor. (2) To pay ail taxes and special assessments oC any idnd that have been or may be levied or asxsxd upon said premises, and to deliver to Mortgagee, upon request of the Mortgagee. the official receipt showing payment of all wch taxes and asxSsments. (3) Im the event of defautt by Mortgagor under Paragraphs I or 2 above, Mortgagee, at it option, may fa) p!ax ;.nil keep such insurance above provided Cur in fen-e throughout z!:e !ife of ±his Morteagr and pay the reasonable prrmiun:s and c!:atre. therefor: {bl pay al! said taxes and assessments without determining the validity thereat; and (c) Pay such liens and alt such disbursetrtents shalt tee deemed a part of the indebtedness secured by this Mortgage and shall be immediately due and payable by Mortgagor to Mortgagee. (4) To keep the buildings and other improvements now existing ar hereafter erected in good condition and repair, not to commit or suffer any waste o[ any ux of said premises contrary to restrictions of record or contrary to taw, and to permit Mortgagee io unter at all reasonable times for the purpose of inspecting the premises; riot to remove or demolish any building thereon; to restore promptly and in a good and workmanlike manner any buildings which may be damaged or destroyed thereon, and to pay, when due, all claims for labor performed and materials -furnished therefor; (5) That he wits pay, promptly the indebtedness secured hereby, and perform all other obligations ir. full compliance with the tomes of said Promiswry Note and this Mortgage; (ti) That the time of payment of the indebiedttess hereby secured, or of any portion thereof, may be extended or renewed, and any portions of the premises herein described may, without notice, be releaxd from flit lien hereof, without releasing or affecting the personal liability of any person or the priority of this Mortgage; (7} 7Tiat he --- dots hereby #orecer warranr and viii forever defend t,*,e title and gossrssion thereof against the lawfut claims of any and alt persons whatsoever. - IT IS MUTUALLY AGREED THAT: (I) If the said Mortgagor shall fail oz neglect to pay installments on said Promissory Note as the same may hereafter became due, or upon defautt in performance of any agreement hereunder, o[ upon sale or other disposition of the gramixs by Mortgagor, or should any action ar proceeding be filed in any court- to enforce any lien on, plasm against or interest in the premises, then all sums owing by the Mortgagor to the - -Mortgagee urtder this Mortgage or ynder the Pmmissory Note secured hereby shag intmediateiy become due and payable a[ the option of the Mortgagee, on the application of the Mortgagee, or assignee, or any othxt person who may be entitled [a the monies due thereon. [n such event the Mortgagee shall _ have the tight. immediately to fomefose this mortgage.by complaint for that purpose, and such complaint may be pxosecufed to judgment and execution _ _and.- sale f4t the cotleMian of We ~whok amount of the indebiedttess and interest thetnon, includirg reasonable attorney's foes, any amounts advanced puratarti to this mortgage, costs of suit, and costs of sale, if permitted by law. - - t2) in the event said premises are soHI at-a furectos»re sale, Mortgago[(s) shall ix liable For any deficiency remaining after sale of the premixs if permitted by _ law, and application of the proceeds of said sale to the indebtedness secured and to the expenses of foreclosure, including Mortgagee's reasonable: attorneys - #ees and -expenses if allowed by law. _ _ - 43) Mortgagee shall bi subrogated to the lien of any and a$ prior encumbrances, liens or chuges paid and discharged from the prosxeds of the loan - :teraby tec-aretl, and even Though held prior liens have -bean rakssrd of record, the repayment of said indebtedness shall be secured by such liens on the partaas- ai saaid premiss off ct~ ther".,by _ rit tlt, extent aI Built payments, tospe~~aely. - -(3) ti'Iterteva, by the forma of flits instrutstEnt or of paid Promissory Nuta, ?Roftgagce is given any option, Bitch option may be exorcised when the right acciuev or at arty tune thereafter, atv3 no acceptance by Mortgagee of payment of-indebtedness in default shall constitute a waiver of any default then existing and wntinuing or thezeafter acrnring. 16-0475 (RSV, a-T9) N[