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~~~ 1 `I~~T~' <br />81-- ui~?12"7 <br />This mortgage made and entered into this . 28th __ day of April <br />)g 81 , by and between Earl J. Hardy and Linda R. Hardy, Husband and Wife, <br />Joint Tenants with Rights of Survivorship <br />(hereinafter referred to as mortgagor) and Commerriai National Bank and Trust Company <br />(hereinafter refereed to as <br />mortgagee), who maintains an office and place of business at 424 W. Third street in Grand Island, <br />HaII County, Nebraska. <br />W1TxESSETH, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor <br />does hereby mortgage, se[I, grant, assign, and convey unto the mortgagee, its successors and assigns, aA of the fa4 <br />lowing described property situated and being in the County of Hall <br />State of Nebraska. <br />Lot Thirteen (13), Nottingham Estates Subdivision, in the City of <br />Grand Island, Nebraska <br />together with all the tenements and appurtenances thereto belonging, alt the rents, issues and pro'its thereof, and all <br />easements, rights, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and inctudi~^ <br />all heating, plumbing, refrigeration, lighting, equipment and all fixtures of every description belonging to the <br />mortgagor now or hereafter attached thereto or used in connection with the premises herein described and in addition <br />thereto the following described properties which are and shaft be deemed ro be fixtures and a part of the realty, and <br />arc a porno,-, of the sc~urty for the indebtedness hereir. stated. t!f r•.o.^.e, s*.at^ "~~ne") None <br />To have and to hold the same unto the Mortgagee, as herein provided: <br />The mortgagor is lawfully seized and possessed of and has the right to sell and convey paid property; that the <br />same is free from all encumbrances except as hereinabove recited; and that Mortgagor covenants to warrant and <br />defend the tide aforesaid thereto and every part thereof against the claims of all persons whomsoever. <br />This instrument is given to secure the payment of a promissory note dated April 28, 1981 <br />in the prin,Cipal sum of $_ 55, 000.00 ,signed by Earl J. Hardy and Linda R. Hardy <br />in behalf of themselves <br />also, as such note or notes may from time to time be modified, renewed or extended in writing. <br />In the event the title to said real estate is transferred, or contracted to be transferred, from the undersigned for any <br />reason or by any method whatsoever, the entire principal sum and accrued interest shall at once become due and <br />payable at the etectian of the holder hereof. Failure [o exercise [his option because of transfer of title as above stated <br />in ont instance shalt nat constitute a waivee of the right to exercise the same in the event of any subsequent transfer. <br />I . The mortgagor covenatts and agrees as follows: <br />a. To promptly pay the indebtedness cvidertced by said promissory note at the times and in the manner <br />therein provided. <br />b. To pay tell taxes, assessments, water rates, and other uvvernmenta! or mwricipal charges, fines, ur <br />impositions, for which provision has not been made hereinbefore, and will promptly deliver the official receipts <br />therefor to the card mortgages. <br />c. To pay such expenses seed fees a; nt:ry he ittcurredtn the protection and rnaintenanee of Laid prupert4, <br />ir:cl[ufin; the Seca of any attorney employed by the mor[gaitee for the eopectinn nt any ur aIi of the indebtedness <br />hereh> seC'ttred, ;~r fez€[xicxute by nwttgagre's sate, ur court procc^edings, ur in sny urhrr litigauun ur tuarerdinh <br />atf+^ting tad prrrtx•its <br />