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<br />~I~RT~ACJE <br />8~- U~2134 <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 and Wife <br />Joint Tenants with Rights of Survivorship <br />(hereinafter referred to as mortgagor) and Commercial National Bank and'frust Company <br />(hereintfter refereed 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 />WtTt3E$$ETFI, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor- <br />dces hereby mortgage, sell, grant, assign, and convey unto the mortgagee, its successors and assigns, aB of the fol- <br />lowing described property situated and being in the County of Hall <br />State of Nebraska. <br />Lot Six (6}, Nottingham Estates Subdivision, in the City o£ <br />Grand Island, Nebraska <br />together with all the tenements and appurtenances thereto belonging, all the rents, issues and profits thereof, and all <br />easements, rights, royalties, mineral, oil and gas rights and profits, water, water rights, and water stoek,andincluding <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 fallowing dcscrbed properties :vhich are and shall be deemed to be fixtures and a part of the realty; and <br />are a portion of the security for the indebtedness herein stated. (If none, state "none") 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--grope(tp; that the. <br />same is free from all encumbrances except as hereinabove recited; and that Mortgagor. covettaltts tp .waitrant `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 P+pril 28 1981- <br />in the principal sum of $ 55, 000. 00 _ ,signed by Earl J. Hardy and- I.tldat R _ H.att~Y. <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 />[n the event the title to said real estate is transferred, or contracted to be transferred, from the undecsigoeci for.any- <br />reason or by any method whatsoever, the entire principal sum and accrued interest shall at once, be~ome:due..at:d <br />payable at the election of the hoider 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 tv exercise the same in the event of any subsequent transfer. <br />I. The mortgagor covenants and agrees as foliows; <br />a. To promptly pay the indebtedness evidenced by said promissory note at the times and in the manner. <br />therein provided. <br />b. To pay all taxes, assessments, water talcs, and other governmental or municipal eharges, fines, or <br />impositions, for which provision has not been made hereinbefore, and will prompQy deliver the ~~fi'icial receipts <br />therefor to the said mortgagee. <br />.. To pay such expenses and lets as may be incurred in the protcctiuri anti maitttrnanrc of maid !-~toporty, <br />including the fees of any attorney employed by the mortgagee for the cullectic., of and or ,ill of the indebtedness <br />hherchy sccureYi. or foreclosure hy~ +nifttgigec'+ ~'+aie~, tit court proce~Jtagti, u~ u; ~r,~ othct int4arnin ~.,t t~;o~ccd:~~c <br />aftrtitiny .aid propcns. <br />