|
<br />MORTGAGE
<br />THIS MORTGAGE made the ~S ~' day of (Ji , 19 $~ , by
<br />Daryl D. Lutes and Jeanne E. Lutes, husban an wi e, here ni after
<br />called "Mortgagor," to Paul J. Kohls and Elda R. Kohls, husband
<br />and wife, as tenants in common and not as joint tenants,
<br />hereinafter called "Mortgagee." (Whenever used herein the terms
<br />"Mortgagor" and "Mortgagee" include the heirs, legal
<br />representatives, successors and assigns of the parties.)
<br />WITNESSETH:
<br />That the Mortgagor, in consideration of Sixty-Three Thousand
<br />.Dollars ($63,000.00), receigt of which is hereby acknowledged,
<br />hereby grant, bargain, sell, convey and confirm to the Mortgagee
<br />all that certain Iand in the County of Hall, State of Nebraska,
<br />as follows:
<br />PART OF THE SOUTHEAST QUARTER OF THE
<br />NORTHEAST QUARTER (SEiNE'~aJ OF SECTION FOUR
<br />(4} IN TOWNSHIP ELEVEN (11) NORTH, RANGE NINE
<br />(9) WEST OF THE 6TH P.M., HALL COUNTY,
<br />NEBRASKA, MORE PARTICULARLY DESCRIBED AS
<br />FOLLOWS: BEGINNING AT A POINT SIX HUNDRED
<br />SIXTY (660) FEET NORTH OF THE SOUTHEAST
<br />CORNER OF THE NORTHEAST QUARTER (NEB.) OF SAID
<br />SECTION, RUNNING THENCE NORTH FOR A DISTANCE
<br />OF ONE HUNDRED SIXTY FIVE (165) FEET, THENCE
<br />WEST ONE THOUSAND THREE HUNDRED TWENTY
<br />(1,320) FEET, THENCE SOUTH ONE HUNDRED SIXTY
<br />FIVE (165) FEET, AND THENCE EAST ONE THOUSAND
<br />THREE HUNDRED TWENTY (1,320) FEET, TO THE
<br />PLACE OF BEGINNING.
<br />TOGETHER with all the tenements, hereditaments and
<br />appurtenances thereto belonging or in anywise appertaining; to
<br />have and to hold the same in fee simple.
<br />And the Mortgagor hereby covenants with the Mortgagee that
<br />the Mortgagor is lawfully seined of said land in fee simple; that
<br />the Mortgagor has good right and lawful authority t.o sell azd
<br />convey said land; that the Mortgagor hereby fully warrants the
<br />title to said land and will defend the same against the lawful
<br />claims of all persons whomsoever; and gnat said Iand is free of
<br />all encumbrances.
<br />PROVIDED, ALWAYS, that if the Mortgagor shall pay to the
<br />Mortgagee a certain Promissory Note, of even date herewith, a
<br />copy of which is attached, and if the Mortgagor shall promptly
<br />and fully perform and comply with each covenant and condition of
<br />the Promissory Note and of this Mortgage, then this Mortgage and
<br />estate hereby created shall cease and be void.
<br />The terms "Mortgagor" and "Mortgagee" shall include the
<br />plural, where applicable.
<br />The. Mortgagor covenants and agrees:
<br />1. To pay all sums required under the Note and this
<br />Mortgage promptly when they become due.
<br />2, To pay all taxes, assessments, levies, liabilities,
<br />obligations and encumbrances of every kind now or hereafter
<br />imposed on the mortgaged property, when due and payable, and
<br />before they become delinquent, and in the event that any are not
<br />so paid or. discharged, the Mortgagee may pay the same without
<br />waivering or affecting any option or right under this Mortgage;
<br />and the full amount of each such payment shall be immediately due
<br />and payable, with interest as set out in the Note.
<br />-1-
<br />
|