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� � 7_8��{�2286 The EQUITABLE Life Assurance Society of the United States � E4'.:aae� ' TIiIS MORTGAGE, dated as of the.........22nd..... day of.........March.... .. .. ., r' .... ............... 19..78.. between � Engel and Mildred L. Engel, his wife, and Roland R. Engel and Sandra E. Enge�l,�hasCwife, ' whose posr otfice address ;s....Wood River, Nebrasks ............................................................_.......................... ... .. ...................................................................... hercinafter nlled "Mo�tRagor," and THE EQUI7'ABLE LIFE ASSURANCE SOCIEI']' OF 77iE IINITED S'I"ATES, a Ntev York corpontion,having its princ�pal officc a�d post office addras at 1253 Aveoue of the Americas,Ncw York,New York 100t9,hereinaFter nlfed"Mortgagee': ' WHEREAS,the Mortgagor is justly indebted to the Mortgagee in tfse sum oF�ne Hundred Ten Thousand and no/100-----' ; ------------------------ 110 000 00 •• ... .. j; .�.............................................................lMllars�5..........a.........�.....................) with interest,all as set forth in his certain promissory nute (•,Note") of evrn date herewith maturing....... R.�k_�,...J,.,.......................................19...98 NOW,THF.REFORE,THIS MORTGAGL•WI'I'NESSETH,that,to scrure thc payment of the principal of and interest on the Note and the performance o(the covenanb therein and herein co�mined,and in consideration of the premises,the Mortgagor by these prexnts <toes grant,bargsin, se11,convey,trsnsfe�, assign, mortgage,pledge, warrant and con�rm unto the Mortgagee all the property ("the � �� - � � �� .►1nr�geged Proprrty") hcreinaftcr dearibed, to•wit � � � � I. 'Ihe following dexribed real property located in the County of H811 ` Nebraska .............................................................................. .......................... ; State of.................................................................ro-wit ; A tract of land comprising part of the Southwest Quarter (S4J4) of Section Six � (6), Township Ten (10) North, Range Ten (10) West of the 6th P.M., in Hall County, ; Nebraska, more particularly described as follows: Beginning at the southwest corner of said Section Six (6); thence northerly along the west line of said Section Six i 6), a distance of Two Thousand Six Hundred Forty-four and Sixty-ei ht Hundredths � �2,644.68) feet, to the northwest corner of said Southwest Quarter �SW;); thence easterly � along the north line of said Southwest Quarter (SW;), a distance of One Thousand Five � Hundred Sixty-one and Ninety-two Hundredths (1,561.92) feet; thence souther7y parallel ; to the west line of said Southwest Quarter (SWQ), a distance of One Thousand Seven ` Hundred Sixty-three and Six Hundredths (1,763.06) feet, to a point on the Northwesterly � right-of-way line of U. 5. Highway No. 30; thence southwesterly along said right-of- � way line, a distance of One Thousand Seven Hundred Nine and Thirty-two Hundredths , � (1,709.32) feet, to the south line of said Section Six (6); thence westerly along the south line of said Section Six (6), a distance of Ninety-six and Eighty-three #+ Hundredths (96.83) feet to the place of beginning and containing 80.000 acres more ' or less. r ; r Defav.#t by the mortgagor under any other instrument securing the debt hereby secured ahall consLitute a default under this instrument. �f - 7I. T'he Mortgagori interes[as Icssor in all leases (induding but not limi[ed to,oil,gas and minenl lexses) now or hereafter , � . # affecti�g the abovadescribed rcal property or•rny put thereof. '� TOGETHER WITH the rcnts, issucs, and rofits thcrcof, reservin however, r P i � P g, (unless otherwise rovided herein or in a x anM � � � � � instcumrnt of usignmrnt),unro the Mortgagor che right, prior to any def�ult in the payment of thc Note or in performance of any ageeement hereunder,to collect and rtain such rents, issues,and profits as they become due and payable,and together also with atl and ' singular the tenements, hereditaments, and appurtenances thc�cunto belonginR,induding irrigation,drainage,and water rights oF every i kind aod desctiption. ��f TO HAVE AND TO HOLD the same unto the Mortgagec, its successors and assigns, forcver. . . �,� PROVIDED, ALWAYS, that if ihe Mortgagoq his heirs, representatives,successors or assi1Gns, shall pay unto the Mortgagee, its � �� suceessors or assigns, the said sum of money mentioned in the Note nnJ thc intcrest thereon at the times and place and in the manner �,.� speei6ed in the Note,and all other sums that may become duc and owing to the Mortgagm pursuan[to any of the terms,covenants and � � � condmons hereof,and perform al! the conditions and covenants contained in this mortFage("MarrRoge"),thrn these presents and the � estate hereby geanted shall cease,determine and be void,otherwise to remain in full force and eBeet. �' AND SUBJEC7'to the covrnants and conditions Eaaeiaafter set(orth. :.�� F7RST: The Mortgagor hereby mvanants and agrees,to the extent permitted by law,as follows: (a) to pay prompNy when due ' � � , the prinnp ai and interest and other sums of monry provided for in the Notc and in this Mortgage,or eithcr;(b)to pay all taxa,assess- - i mcnts and o[her charges (induding diteh,canal,«servoi�,or other water charges,taxes or assessments) imposed by law upon the�1tort- :�' gaged Property, the Morigagee's interest therein,or upc+n thc Mortgage or che Note; provided however,that, in the evenc oF the pas- � � � I , sage of any law changing the laws for the taxation of mortgages or debts secured by mortgage so as to a8crt this MortAage, �he entire � .�� indebtedness secured hereby shall,at the option of the Mortgagee, become duc and payable;(c) to keep the Mortgaged Property and im- � � � � t provements thereon in�;cwd condition and repair and noi to commit m suffer waste therrnf,and except as authorized in any xhedule j u�nexed heteto and forming a part henrof,neitMr ro rernove noc permit t'.e removal of any timber,buildiogs,oil,gas,minerals,stone, rak,day,fertilizer,gra.•el or top soil without thc prior writtcn conscnt of the Mortgagee:(d) to maintain and delivor m the:v(ortgagee � polieics of insunnce against auch haztrds on tbe buildings now or hemfter 3aated on the Mortgaged Property as the Mortgagee maq � �� �tequire,ia such compa��es and nmounts and wich such Ioss payable clauses as sFw{I be satisfadory•to the Dio:tt;.:gce;tiut in the event of ..�� . Ioss�.the Mortgagee is espressly authorized ro settie or compromise claims under said jwlicies and the�+rocecds sh�ll be paid ro the MorF � � � ,qagee who may appty same oc any put thereof on the indebtedaess secvred hereby or to.vards the reconstmction or repaic of said build• � ,}. ings or rdease same to tbe Mortgagor; (e) to pay any lien,daim oz chuge s�,rainst the Mortgaged Property which might t�ke j+retedence � � � over the Iirn hereof;(f) to pay on demard all lcgxl expenses,tide searthes,or attomey fecs rrrsonably incurred or paid by the Mortgagee .x�� ;�, ,� � � to collect the Note or foreclose or proteet the Iirn of the Mortga¢q (g) that in the event he shall fail to wmpfy with 2he provisio�s of ' �= (aj through (f)above,the Mortgagee may mke such nceion u u necessary to remedy such failu�e and all wms paid by the Mortgagee � �.;, pursuant hercto w'tth intercst at the rate hereinafter provided shall constitute a lim upon the Moetgaged Property, shall be secured by . t6ia Mortga8q and ehall be immediately due and repayabie to the Mortgagee; (h) not to ull the prcm�ses oc any portion thereof, or, � if the Mottgagor is a corporation,not mom than,�.-...�of its mrporate stock shall be sold,tnded or disposed of to persona aher than � ,r. �� the•prctmt mvnen ptioc to the time the indeb[ednas secaced henbq shaU have been reduced (exclusive of prepayments not permitted �:;. � .. p�k p`,� . . . ... . . . � ...__ �-.. . iy:j � � . . . . � � � . . . c.�- . . . . . .. . . . . . . �4��.. ..� ._ � , �