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<br />81I4I.4
<br />THE [QUITABLE LIFE ASSURANCE SOCIETY OF TtiE UNITED STATES p ~ ~ ~ ~ r~ ~~ ~-,
<br />THIS MORTGAGE, dated as of the ...._.lst_ ...............day of__..__..........._............ , 19...81., between
<br />MILTON L. NOWKA and CHARLENE M. NOWKA, husband and wife
<br />whose post office address is..._TZ.um~tsll,,,,Nebr88ka,,,,,6898Q_._.
<br />here'vtafter called "Mortgagor," and THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York
<br />corporation, having its principal office and post of6ee address at 1285 Avenue of the Americas, New York, New YodJt 10019, herein-.
<br />after called ".lforegagee ":
<br />WHEREAS, the Mortgagor is justly indebted to the ;tifortgagee in the sum of ~I.r£E..IiUAG~rEf~_.~t?QAL}1-~1VG.,`1'IkQ1/8.80:t1~...SAd
<br />AQ~100......."'-~---..-----.--........-.~..~.Dollars (S. 3.2$,000,00 _ ,~ with interest, all as set forth in his certain promissory note
<br />(,"Note") of even data herewith maturing.. , _.,Tuly., l.. _.. 1 q,.95,
<br />NOW, THEREFORE, THIS MORTGAGE WITNESSETH, chat, to secure the payment of the principal-oE and interest on the Note
<br />and the performance of the covenants therein and herein contained. and in consideration of the premises, the Mortgagor by these
<br />presents does grant, bargain, sell. convey, transfer, assign, mortgage. pledge. warrant and confirm unto the Mortgagee all the property
<br />("theAlortgagedProperty"} hereinafter described, to-wife
<br />L The following described real property located in xhe County of ____ ... __ .._Aa8~..._-.._ .......__ ......................._.............__....
<br />State of _.....--- -NebTaska_.....- ...._...... ._.. to-wit: -
<br />North 342 feet of the West 498 feet of Northeast Quarter (NE/4)
<br />of Section Ten (10}, Township Eight (8) North, Range Nine (9),
<br />West of 6th P.M., subject to statutory road, and except the
<br />North 74 feet of the West 270 feet thereof, Adams County,
<br />Nebraska; and
<br />East Half jE/2) Southwest Quarter (SW/4) Section Twent -nine (29),
<br />Township Eighht (8) North, Range Nire (9 West of the 6~h P.M.
<br />aad the following described real property located in the County of Hall, State of
<br />Nebraska, to-wi.t:
<br />The Southwest Quarter (SW/4) of Section Thirty-five (35),
<br />Township Nine (9) North, Range Ten (10) West of the 6th
<br />P.M. -
<br />Default by the mortgagor under any other instrument securing the debt hereby secured
<br />shall constitute a default under this instrument.
<br />11. The Mortgagor's interest as lessor in all leases !including but not limited to, oil. gas and mineral leases) now or hereafter affect-
<br />ingthe above-described real property or any part thereof.
<br />TOGETHER WITH the rents, issues, and profits thereof, reserving, however, unless otherwise provided herein or in a separate
<br />instrument of assignmznti, unto the Mortgagor the right, prior to acv default in the paynrznt of the Note er in performance of any
<br />agreement hereunder, to collect and retain such rents, issues, and profits as they become due and payable, and together also with all
<br />and singular the tenements, hereditanrents, and appurtenances thereunto belonging, including irrigation, drainage, end water rights of
<br />every kind and dgscription.
<br />TO HAVE AND TO HOLD the same unro the Mortgagee, its successors and assigns, forever.
<br />PROV[UEU, ALWAYS, that if the Mortgagor, his heir, representatives, successors or assigns, shill pry unto the blorcgagee, its
<br />successors or assigns, the said sum of money mentiared in the Mote and the interest thereon at the tunes artd place and in the manner
<br />specified in the Note, and all other ;isms that may become due and owing to the Mortgagee pursuant to any of the teems. covenants
<br />and conditions hereof, and perform all the cmrditions and covenants contained in this mortgage t_":4lnrtgage "', rhea these presents and
<br />the estate hereby granted shall cease, detenninz end be void, otherwise to remain in full force and effect.
<br />AND SUBJECT to the covenants and conditions hereinatter ss[ forth.
<br />FIRST: The Mortgagor hereby covenants and agrees, to the extent permitted by law, as follows: !'al [o pay promptly when due
<br />the principal and interest and other sums of aronrv provided for in d+r Note and ire this Moe tgaGr, ur eitber. ~,b; o, pay all arse>, assess-
<br />tttents and other charges (including ditch, canal, resrnuir, ur other water charges, [aces or assessments; imposed by Iaw~ upon the Mort-
<br />gaged Property, the Mortgagee's interest therein, or upon the Mortgagee or the Note; provided however, tba[. in the event of the pas-
<br />sage of any law changing the Taws for the taxation of mortgages or debts secured b}• rnurtgage so as to affect this Mortgage, the entire
<br />indebtedness secured hereb}' shall, at the option of the Mortgagee, become due and payable: (c; to keep the Mortgaged Property and
<br />improvements thereon in good condition and repair and not tc commit or suffer vasce thereof, and except as authorized in any sched-
<br />ule annexed hereto and forming a par[ heceoF, neither to remove nor permit the removal of any timber, buildings, oil, Gas, minerals,
<br />stone, rock, clay, fertilizeq gravel or top soil without the prior written consent of the Mortgagee: (d to nrriucrin :atd dclivzr to the
<br />Mortgagee policies of insurance against such hazards ou the buildings now or 6zreafter located un the Mortgaged Property as thz
<br />Mortgagee may req uire, in such companies and amounts and with such loss payable clauses :u shall he satisfruuq~ to the Mortgas~s~~ee;
<br />that in the event of loss the Mortgagee is expressly authorized to settle or Compromise claims under said policies and the proceeds s}iall
<br />be paid to the Mortgagee who may apply same or any part thereof on dte indebtedness secured hereby or towards the reconstruction
<br />or repair of said buildings or release same to the Mortgagor; ie} to pay any lien, c}aim or charg~`e against the Mortgaged Pruper[v which
<br />might take precedence over the lien hereof; to to pay un demand all legal expenses, title searct'es, or attorney ftes reasonably incurred
<br />or'paid by the.Mortgagee to collect dte Nuts ar loredosc or protect the lien of the Mortgage: (g; that in the event hz shall fail a, Cunr
<br />ply with the provisions of la) through If) above, the Mortgagee may take such action as is necessary to remedy such failure :end all
<br />sums paid by the Mortgag-ee pursuant hereto with interest at the race hereinafter provhled shall constitute a lien upon the Mortgaged
<br />Property, shad be secured by this Mortgage, and shall be immzdiacely due and repayable co the Murgrger: i,h; nut n> sill d+r przmisrs
<br />or any portion thereof, nr, if the Mortgagor is a corporation, not ntcxe than --.f7 of its <urpor,+[e stuck .hall be sold, traded or dis-
<br />posed oC to persons other than the prescat owners prior to the [imz the indebtedness secwed hc+ebl ~itall has_e been reduce , c•cciu
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