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M®RTGAGE <br />81- ui,?13~. <br />This mortgage made and entered inro this ~ 28th day of ~ April <br />19 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 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 />Hall County, Nebraska. <br />Wt•T'NE$$ETH, that for the consideration hereinafter stated, ceceipt 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 />Lot Nine {9), Nottingham Estates Subdivision, in the City o£ Grand <br />Island, Nebraska <br />together with all the tenements and appurtenances thereto belonging, all the rents, issues and profits thereof, and .,:: <br />easements, rights, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and including <br />all heating, plumbing, refrigeration, lighting, equipment and all fixtures of every description belonging ro 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 part of the realty, and <br />are a porrion of the security for the indebtedness herein sated. {If nar,e, siaie "none"i 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 said property; that the <br />same is free from all encumbrances except as hereinabove recited; and that Mortgagor covenants to warrant and <br />defend the title 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 She principal sum of 5 45, 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 aad <br />payable at the election of the holder hereof'. Failure to exercise this option because of transfer of title as above stated <br />in one instance shall not constitute a waiver of the right to exercise the same in the event of any subsequent tfansfer. <br />I. The mortgagor covenants and agrees as follows: <br />a. 7o promptly pay the indebtedness evidenced by said promissory note at the times and in the manner <br />therein provided. <br />b. To pay a-I taxes, assessments, water rates, and outer governmemai or municipal charges, fines, or <br />impositions, for which provision has not been made hereinbefore, and will promptly deliver the official receipts <br />therefor to the said mortgagee. <br />c. To pay such expenses and fees as may he incurred in the protection and maintenance of said pru}xrty, <br />including the fees of any attorney emplvyrd by the rnortgager for the cvllrction of anv or all of the indebtedness <br />hereby xeaued, ut foreelvsure b> rnartgagre's sale, ar court proceediatg,, or m any enc~r hNgalion .~~ prtxeldtnk <br />aftectiug said property <br />