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all times, peaceably and quietly ta enter upon, hold, occupy and ;
enjoy said premises and every part thereof, that the mortgagor ~
will execute or procure any further necessary assurances of title ~
and does hereby forever warrant generally the title to said prem- ,
ises and will forever defend the-same against the claims and deman s'
of all persons whomsoever, and the mortgagor and the makers of sai
note especially agree and declare that the separate estate of each
of them, whether vested, contingent or in expectancy, is hereby
conveyed and shall be bound for the payment of the debt he reby se-
cured and each does hereby expressly waive, release and relinquish
all rights and benefits of any homestead, appraisement, exemption
or stay to which they may be entitled under the laws of the state
in which said premises are situate, together with all dower or
curtesy rights, and all interests and estates, statutory and other ~
wise and of every nature whatsoever in and to said premises.
FIFTEENTH: That the giving of written notice addressed to
the owners of record of said premises or addressed to the said
owners at their last address actually furnished to the-mortgagees, -
or addressed to the owners at said p~remises, and mailed by United
States Mail, shall be sufficient notice and demand in any case
arising under this mortgage which may be required by the provision
hereof or by law. That the covenants herein contained shall bind,
and the benefits and advantages hereof shall inure to, the respec-
tive heirs, executors, administrators, successors, and assigns of
the parties hereto. Wherever used herein, the singular number
shall include the plural and conversely, and the use of any gende~
shall be applicable to all genders.
SIXTEENTH: The mortgagees covenant and agree to grant re-
leases to the mortgagor, provi.ded the same are in an orderly manne ~
and in contiguous tracts, with each release running to a quarter ;
~'~i section line, a half section or section line. Said releases to ~
com~ence at the Northwest corner of Section 6 and continue in said ~
orderly fashion in contiguous tracts until the entire Section 6 ha ~
~ been released, with the same procedure being followed in Section 5
after all of Section 6 has been released; then in Section 7; then ~
~ in Section 8; then in Section 18; then in Section 17; then in Sec-
tion 20; after Section 20, releases shall continue starting at the
Northeast corner of Section 27, and continue in contiguous tracts
with each tract running to a quarter section line, a half section
or section line, until the entire Section 27 has been released;
then Sec tion 34, in the same orderly fashion; then Section 28;
then Section 33; then Section 29; and then Section 32. .Ro release
to be given in any Section until all of the Section previousZy set
out in the order herein have been released in full,: Any releases
~ given shall reserve to the mortgagees, their successors or assigns
~ the right to drain through or irrigate from any existing canals
~ or drainage ditches on or adjacent to the property released. The
~ transaction herein involved being a companion transaction to one
~ being closed this same date between the mortgagor herein and Willi
F. Scott and Beverly K. Scott, his wife, which involves contiguous
~ property, likewise reserves unto the mortgagees herein the right
to irrigate from and drain through any existing ditches or drain-
~ age canals located on or adjacent to the property involved in the
; William F. Scott and Beverly K. Scott, his wife, transaction. Res
~ ervation to cease upon the mortgage herein involved being paid in
~ full. The releases to be paid for on the basis of $373.00 per
acre sought to be released.
~ ~
~ ~
~ CHARLES E. BECHT
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