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MGRTGAGE $ ~ _ ~~ ~~ ~ ~ ~ ~ <br />This mortgage made and entered into this _ 28th day of April <br />19 81 ,by and between Earl J. Hardy and Linda R. Hardy, Husband an Wi e, <br />Joint Tenants with Rights o£ Survivorship <br />(hereinafter referred to as mortgagor) and Commercial National Bank and Trust Company <br />(hereinafter referred to as <br />mortgagee), who maintains an office and place of business at 424 W. Third _ _ street in Grand Island, <br />Ha11 County, Nebraska. <br />WITNESSETH, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor- <br />does hereby mortgage, sell, grant, assign, and convey unto the mortgagee, its successors and assigns, all of the fol- <br />lowing described property situated and being in the County of Hall <br />State of Nebraska. <br />Tat Twelve (12), Nottingham Estates Subdivision, in the City of <br />Grand Island, Nebraska <br />together with alt the tenements and appurtenances [hereto belonging, al! the rents, issues and profits thereof, and all <br />easements, rights, royalties, ,aineral, oil and gas rights and profits, water, water rights, and water stock, and including <br />all heating, plumbing, refrigeration, lighting, equipment and alt 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 shall be deemed to be fixtures and a pan of the realty, and <br />are a portion of the security for the indebtedness herein stated. (If none, state'°none") Kane <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 said property; th•.:. the <br />same is free from all encumbrances except as bereinabove recited; and. that Mortgagor cavertants to warrant and <br />defend the [itle aforesaid thereto and every part thereof against the claims of ail persons whomsoever. <br />This instrument is given to secure the payment of a promissory note da;ed- April- 28, 1982 <br />in the principal sum of $ 55.000.00 ,signed-by F.arl Jc Hardy. and~rida 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 tuidersigned for apy <br />reason or by any method whatsoever, the entire principal surn and accrued interest she!! at once become.due,and <br />payable at the election of the holder hereof. Failure to exercise this option because of transfer of title.as abovestated <br />in one instance shall not constitute a waiver of the right to exercise the same in the eyenc of any subsegpynt,ttansfer. <br />1. The mortgagar covenants and agrees as foRovvs; <br />a. To promptly pay the indebtedness evidenced by said promissory note at the times and in the manner <br />[herein provided. <br />6. To pay all taxes, assessments, water rata, and other governmental or municipal charges, fines,. ar <br />impositiorts, for which provision has not been made hereinbefore, and will promptly deliver the affirial receipts <br />therefor [o the said mortgagee. <br />-. fa pay such eripcu,es artd tern ay rnzry Lr i:lr;uriad tit the }rtut4~~io:~ a:;.i :,,w...,.r;an.c [~f ~w:d ,,^.rvpcrty, <br />including the tees of any attorney cmpk:yed by :he murtgataee• for the .utleetion o! auy ,rr alt tit [he indebtedness <br />herch} .tarred, rrr tarcchxurc ir} iu<r,~g.:gCr". sair..n ~t~uu pru~rcding,~., °+r u: aric ~ultr: iaiuat~,~n rr rrcxc~ding <br />ati~CCli rtg weld [rruge'tt< <br />