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~' ` ~ ~ 3 Second t4ortgag,e~ .-~"; •,...
<br />- ~M~~~~~"~i ~s ~ fow
<br />Sectian 2'35 Cases '
<br />Kith Addendum, for Repayment of Sectian 235 Assistance i _-~
<br />8~- 1)ti5885
<br />THIS MORTfkGE, made and executed this loth day of November , A. D.
<br />i9 81 by and betvreert James R. Holtgrewe and Barbara L. Holtgrewe, Husband and Wife
<br />of the County of x8'1 and State of Nebraska, party of the first part
<br />hereinafter called the Mortgagor and the Secretary of the Department of Housing and
<br />Urban Development
<br />party of the second dart, hereinafter called the Mortgagee.
<br />btITNESSETH: That the sai~' Mortgagor, is justly indebted to the Mortgagee in the
<br />principal Sum of one hundred eight thousand and No/100ths- Dollars (s 108,000.00 )
<br />which principal sum will not exceed an amount computed under the terms of the Note
<br />executed by said Mortgagor on November 20, 1981 with interest, in
<br />accordance with said Note. That as security for said Note the t4ortgagor does by these
<br />presents Grant, Clargain, Sell, Convey and Confirm unto the Mortgagee, its successors and
<br />assigns the following described real estate situated in the County of Hall
<br />State Of Nebraska, to wit _r.ot three (31, J. S. C. Subdivision, in the City of Grand Island,
<br />Hall County, Nebraska
<br />TO HAVE AND TO HOLD the premises above described, with all the appurtenances
<br />thereunto belonging and including all heating, plumbing and lighting fixtures and equip-
<br />ment now or hereafter attached to or used in connection with said real estate unto the
<br />Mortgagee, and to its successors and assigns, forever. The Mortgagor represents to, and
<br />covenants with, the Mortgagee, that the Mortgagor has gaol right to sell and convey said
<br />premises; that they are feee from encumbrance, except far an FHA first mortgage; and that
<br />the Mortgagor will warrant and defend the same against the lawful claims of all persons
<br />whomsoever; and the said Mortgagor hereby relinquishes 817 rights of homestead, and all
<br />marital rights, ei;.her in law or in equity, and all other contingent interests of the
<br />Mortgagor in and to the above-described premises, the intention being to convey hereby an
<br />absolute title, in r"ee simple, including all rights of homestead, and other rights and
<br />interests as aforesaid.
<br />PROVIDED Al41AYS, and these presents are executed and delivered upon the following
<br />conditions, to wit:
<br />The Mortgagor agrees to pay to the Mortgagee, or order, the principal sum of
<br />One hundred eight thousand and No/100ths---___-_- Dalldr5 ($ 108,000.00 ),
<br />with interest as provided in the Note dated November 20, 1981 and executed by t4ortgagor
<br />The Mortgagor in order more fully to protect the security of this Ftortgage, agrees:
<br />1. That he will pay the indebtedness, as hereinbefore provided. Privilege is
<br />reserved to pay the debt in whole, or in an amount equal to one or more monthly payments
<br />on the principal that are next due on the note, on the first day of any month prior to
<br />maturity: Provided, however, Tha± written notice of an intention to exercise such privilege
<br />is given at least thirty (30) days prior to prepayment. .
<br />2. That the Mortgagor will pay ground rents, taxes, assessments, water rates, and
<br />other governmental or municipal charges, fines, or impositions, for which provision has
<br />not been made hereinbefore, and in default thereof the Mortgagee may pay the same; and that
<br />the Mortgagor will promptly deliver the official receipts therefor. to the Mortgagee.
<br />3. The Mortgagor will pay all taxes which may be levied upon the Mortgagee's
<br />interest in said real estate and improvements, and which may be levied upon this mortgage
<br />or the debt secured hereby (but only to the extent that such is not prohibited by law and
<br />only to the extent that such will not make this loan usurious), but excluding any income
<br />tax, State or Federal, imposed on Pbrtgagee, and will file the official receipt showing
<br />such payment with the tortgagee. Upon violation of this undertaking, or if the Mortgagor
<br />is prohibited by any law now or hereafter existing from paying the whole or any t?ortion of
<br />the aforesaid taxes, or upon the rendering of any court decree prohibiting the payment by
<br />the Mortgagor or any such taxes, or if such law or decree provides that any amount sa paid by
<br />the Mortgagor shall be credited on the mortgage debt, the Mortgagee shall have the right Lo
<br />give ninety bays' written notice to the owner of the mortgaged premises, requiring the
<br />payment of the mortgage debt. If such notice be given, the said debt shall become due,
<br />payable and collectible ai the expiration of said ninety days.
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