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1 <br />MORTGAGE <br />THIS INDENTURE, made this 3rd _ _ day of June._____._, 19 $D__, b}• and F,erween <br />Jerry L. Mayhew and Marie L. Mayhew husband and wife, each in his and her own right and <br />1-L: , <br />in his and her own right and as spouse of the other, <br />of _~~~ 1 County, Nebraska, as mortgagor S- , and Graff island Trust Company of Grand Island, a eorporation <br />organized and existing under tote laws of Nebraska with its principal office and piece of business at Grand Island, Nebraska, ea mortgagee; <br />W IITNESSETH: That atrfd mortgagor S ,far and in comfderetion of the sum of _ <br />Seventy Five Thousand and no/100 *************************** Do~~i~ 75,000.00 . <br />- f. <br />the receipt of which is hereby acknowledged, do _ by these presents mortgage and warrant unto sard}ioeirtge~ee tts suexeaaara~aod.rasaigna, <br />. ~: <br />forever, all the following described real estate, situated in the County of ~ 1 -~"'` ' `"~~- ~-"° - -'- - <br />andStateofNebrasiu,to-wit: Lot Five (5), Voss Subdivision of all that part of the East Half of <br />the Southwest Quarter (E~zSW4) and the West. Half of the Southeast Quarter (W~2SE4) of Section. <br />Eleven (11) Township Eleven (I1) North, Range Nine (9), West of the 6th P.M., lying South <br />of Lincoln Highway, except that part conveyed to Nick R. Schnell and Alice D. Schnell by <br />Warranty Deed dated October 8, 1952, and recorded in Book 103 at Page 131, in the Office of <br />the Register of Deeds of Hall County, Nebraska; and Warranty Deed dated June 8, 1.955, <br />recorded in Book 114, Page 251, in the Office of the Register of Deeds of Hall County„ <br />Nebraska. <br />Subject to mortgage encumbrances, east;nents and reservations of record which grantee <br />agrees to assume, including mortgages in favor of Home Federal Savings and Loan <br />Association of Grand Island, Nebraska. <br />Together with all heating, air conditioning, lighting, and plumbing equipment and futures, including screens. awnings, storm windows end <br />doors. and window shades ar blinds. used on or in connection wish said property. whether the same are now located on said property or heresfrer <br />Placed thereon. <br />TO HAVE AND TO HOLD THE SAME, together with ell and singular the tenements, hereditamenu and appurtemnces thereunto be- <br />ktnjipg. or in anywise appetiaining, forever, and wawa:.: the title w the same- Said mnrgagoz _5._ -hereby covenant -with said <br />mortgagee that _...~ he.-,jC____. _ 3Le_., at the delivery i-xreof, t3ze lawful owner. $_. of the premises above conveyed and described. <br />aad~ ar! -seized of a good and indefeasible estate of inheritsnoe therein. free and clear of all encumbranexs, and [het_~}te~L._will <br />warrant rod defend the title thereto fo.•ever against the claims sad demands of all persons whomsoever. <br />PROVIDED ALWAYS, and this iner..,,.,e.,r is executed and delivered to secure the payment of the sum of . <br />4eventy five Thousand doliars_and_ no1100 *_**_******_***_*****~~~is_ 75,000.00____ 1. <br />with intareat theaeoo. together with such charges and edvatrexs as may L•e duo and payable tc said marigager ender the tetma and conditions <br />elf the Promiaaory note of even date herewith and securtd hereby, executed by said mortgagor S _ to said mortgagee, payable as expressed <br />m acid cots, and w sataue the perfoemant: of all the terms and conditions mntsintd therein. The farms of said note are hereby incorporated <br />hsaiu by this reFsenre. <br />It is tbeiatmtion and apremeat of the parties hereto that this mortgage shall also secure any future advnnces made w said mortgagor Z. <br />by said mottgagea, and any and all indebtedness io addition to the arttount above stated which said mortgagors, or any of them, may owe to <br />said tnortgagae, however evideooed, whether by note, book account or otherwise- This mortgage shall remain in full force and effect between <br />the paniea hetW,o and tlteir hairs. ~'°-- ~.f representatives, successors and assigns, until aA amounts secured hereunder, including future <br />advaooes, are paid in fuu with intrzest- <br />The mortgagor 5 hereby assign _._ - c ~ said mortgagee sit rents and i~ome arising at any and a!f ti•nes from said property sad <br />hatehy twthoriu said tmrtgagee or its agetu, at its option, upon default, to take chara-e of said property and tolled ah' rents and income <br />ibedeaat aed apply the same #o ttte yaytrw^. of iatxzeai, Principal. insuratxe premiums. [axes. assessments, repairs or improvements <br />ttaeaasary to keeep said property in tettantabieronditian, or to other charges or paymeut[s provided for herein or in t},o note hereby secured. Thu <br />rent aaaiynment shall cantitwe is forte unU1 the unpaid balanoe of said txota is fully paid. The tatting of possession hereunder shad in no manner <br />prnvanL etc rttttatd said ts,arttayae in the noliec[ion of acid sums by foreclosure or otherwise. <br />The failure ~ the roatgrgee to assay any of its tights herratnder at any rime shall not be construed as a waives of its rsght to assert [he <br />same at any liter titne,.aod to insist upon and enforce stria comp'tiane:a with all [he terms and provisions of said note and of this tnot-[gage. <br />if mid r S shell caufe to 6e paid m said ntartgngee the entve amount due it hereunder, and under the cerrn> and provision, <br />of said ttWe hanby secured, incla,lutg future advances, and arty extensions m rettewala thereof in ace;ordance with the terms and provisions <br />thrawt, sad if said matgagti-S-.. shat txanply with aU the provisions of said oats and of this mortgage, then these presents sfwll be void: <br />otltacRiae W temainia fall fetroe and efGcb sad-said rnortgagae shall be entitled Lo the {ws-wssion of al! of said property, and tnay, at its op[ ton, <br />dar]ars the whda of acid ttMa and all inddeDDtadtwss rtpreseated thereby to be immediately due srtd payable, and mxp fora>xluse this mortgage <br />or take say other ]qgd action to p:taact iu rijht. Apprai~emant waived. <br />Thu nrr+rtpge shall 4e 6indirtg uptm ark shall enure i~[ the benefit of the heirs, zsecutors, adminiatrawrs. successors and assigns of the <br />rnpactiva parties hereto- } <br />t <br />IN WITNESS WH£HEGF, said Morrigagor ...5_ ,~a _Y€:. harauaW sei- - -4~1.r. ,h~and;u _.. the day and ytvtr first aboat~ <br />~ __l_-1~_~s.~m.ta.-f~ .-------- -~j.ie L. Mayhew. ____. ---__ _. - -- .___ <br />use ~,~ay~`if>iv <br />