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g1~.(3G5733
<br />SECOND MORTGAGE DEED
<br />THIS INDENTURE, made and executed this 1st day of June , 1981,
<br />by and between Fingerman Enterprises, a Minnesota partnership having an
<br />address at 2901 West 66th Street, Richfield, Minnesota 55423, herein-
<br />after "MORTGAGOR", and Nash-Finch Company, a Delaware corporation having
<br />offices at 3381 Gorham Avenue, Minneapolis, Minnesota 55426, hereinafter
<br />"MORTGAGEE".
<br />WTTNESSETH: That Mortgagor, for and in consideration of One Dollar ($1.00)
<br />and other goad and valuable consideration, receipt and sufficiency of
<br />which are hereby acknowledged has granted, bargained, sold and conveyed,
<br />and by these presents does grant, bargain, sell and convey unto Mortgagee,
<br />the following descr::bed real property situate in the County of Hall and
<br />State of Nebraska, to-wit:
<br />Block 16, Pleasant Home Subdivision of part of the
<br />East Half of the Southeast 4uarter (E-1/2 of SE-1/4)
<br />of Section 21 in Township 11 North, Range 9, West of
<br />the 6th P.M. in Hall County, Nebraska,
<br />together with all the tenements, hereditaments and appurtenances to the
<br />same belonging, and all the estate, title, dower, right of homestead,
<br />claims and demands whatsoever of the said Mortgagor, in or to said pre-
<br />mises or any part thereof; and said Mortgagor does hereby covenant that
<br />it is lawfully seized of said premises; that said premises are free from
<br />encumbrances, except as hereinafter provided, and that said Mortgagar
<br />will warrant and defend the title to said premises against the lawful
<br />claims-and demands of all persons whomsoever.
<br />This second mortgage is made subject to a prior mortgage on the premises
<br />made by said Mortgagor to the Small Business Administration
<br />dated _~~ , 1981, and recorded in the offices County
<br />Recorder o the County of Hall, as Document No. 81-002641.
<br />PROVIDED ALWAYS, and these presents are upon these conditions; Whereas
<br />said Mortgagor has executed and delivered to the said Mortgagee a certain
<br />Promissory Note of Sven date herewith, and whereas, the Mortgagor has
<br />agreed, to the extent not otherwise provided in that certain Lease
<br />between Mortgagor and `mortgagee dated August 1, 1966, as amended, to
<br />keep the buildings upon said premises insured in some company or compan-
<br />ies dpprpved by said Mortgagee for this full replacement value, in
<br />palicis~ containing a claus€! with the loss payable to said Mortgagee
<br />and its assigns, to pay all taxes and assessments against said premiss
<br />before the same, by law, become delinquent, and has agresd that if
<br />Mortgagor does not provide said insurance, or fails to pay all taxes
<br />as aforesaid, then said Mortgagee, or the holder hereof, may pay such
<br />insurance or taxes, and all amounts as paid by said Mortgages shall bear
<br />interest at the rate of 9~ per annum from date of payment, and this
<br />mortgagee shall stand as security therefor, and said sum may be added
<br />to the mortgage debt, and the same recovered as a part hereof. But if
<br />said Mortgagor shall well and truly pay or cause to be paid the said sum
<br />of mousy in said Note mentioned, with interest thereon according to the
<br />tenor and effect of said Note, and shall duly pay and perform all the
<br />ather covenants and agreements herein contained, then these presents
<br />to be null and void. But if said sum of mousy or any part thereof, or
<br />any interest thereon, is not paid when due, or if said buildings shall
<br />nat be insured as aforesaid, or if the taxes and assessments against
<br />said premises are not paid at or before the time the same became by law
<br />delinquent, or if said Mortgagor shall fail to keep and perform any
<br />covenants herein contained, the holder hereof shall have the option to
<br />declare the whole of said indebtedness due and payable at ans~ time after
<br />auch failure or default, and may maintain an action at law or equity to
<br />recover the same, and the commencement of such action shall be the only
<br />notice of exercise of said option required.
<br />AND, it is further provided and agreed that the said Mortgagor shall
<br />and will pay all taxes levied upon this Mortgage and the debt secured
<br />thereby, together with any other taxes or assessments which may be levied
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