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f— <br />MORTGAGE <br />This Mortgage Is entered Into between Robert M. Wagner, <br />Woodward, Pam Woodward, Richard D. 600dward, Kathy <br />Five Points Bank <br />Mortgagor Is indebted to Mortgagee In the principal sum of $ 23 <br />g"'' 100679 <br />Marilyn J. Wagner, Craig O. <br />Woodward (herein "Mortgagor ") and <br />(herein "Mortgagee"). <br />000.00 —,evidenced by Mortgagor's note <br />dated February 6, 1989 (herein "Note") prov ding for payments of principal and interest, with the balance of the <br />Iwkbtedneo, If not sooner paid, due and payable on. March 6, 1994 . <br />To secure the payaxnt of 'the Note, with interest as provided therein, the payment of all other sums, with Interest, <br />advanced by Mortgagee -to protect the security of this Mortgage, and the performance of the covenants and agreements of <br />the Mortgagor contained heroin, - Mortgagor does hereby mortgage and convey to Mortgagee the following described <br />property located In Hall County, Nebraska: <br />Part of the Sc uthwestG Quarter (SW'h) of Section Twelve (12) , Township Eleven (11) <br />North lunge Nine (9) West of the 6th P.M., Hall County, Nebraska more particularly <br />described as follows: Beginning at a point on West Line of Said Southwest Quarter <br />(SW;), said point being 246.0 feet South o9 the Northwest corner.of said Southwest <br />Quarter (SW;), thence deflecting left 90 0' and running easterly a distance of <br />162.0 feet, thence deflecting right 9000' and running southerly a distance of <br />140.0 feet, thence detlecting right 91PO' and running westerly a distance of-162.0- <br />feet to a point on thq.west line of said Southwest Quarter (SW;) thence running <br />northerly along and upcO.the west line of said Southwest Quarter (SW;) a distance- <br />of 140.0 feet'to the pir,c�t of beginning and containing 0.521 acres more or less. <br />premiums and ground rents and the deposits hereunder within 10 days after demand is made upon Mortgagor requesting <br />Transfer of Property.- - ,1 f all. or any part of the Property or any interest of <br />r <br />Mortgagor there�'lon- s sold, .transferred or further encumbered without the express <br />10f <br />` 3 <br />written consent .6f the ,Mortgagee, Mortgagee may, at its sole option, declare all :. <br />r, <br />sums secured by this mortgage to be immediately due and payable. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />- ` appurtenances located- 4hereon or in anywise pertaining thereto, and the rents; lssdes and proirit+t; �+ *riions and-retn wndrrs <br />i_ <br />thereof, including, but, not limited to, heating and cooling equipment and such personal property that Is attached to the <br />improvements so as to constitute .a fixture; all of which, including replacementsand additions thereto, Is hereby declared <br />to be a gaet of the real gestate scoured by the lien of this Mortgage and all of ,the foregoing being referred to herein as the <br />"property'% <br />" <br />Mortgagorr further covennapts and agues, with Mortgagee, as follows:—� <br />1. Payment. To pay the fi *btedness and the interest thereon as provided in this Mortgage and the Note. <br />2. Title. Mortgagor'is the owner of the Property, has the right and authority to mortgage the Property, and <br />{ - <br />warrants that the lien created hereby is a first and prior lien on the Property„ except as may otherwise be set forth herein. <br />13 The Property is subj6eC to a Mortgage wherein <br />is the Mortgagee, recorded at Book , Page of the Mortgage Records of Qunty, <br />Nebraska, which Mortgage is alien prior to the. Uea created hereby. <br />0 Other prior liens or encumbrances: <br />3. Taxes, Aseelattents. To pay when due all taxes, special assessments and all other charges against the Property <br />and, upon written demand by Mortpgce, to add to the payments required under the Not6 seeuredhereby, such. aatount as. <br />mei? be mtfficient to enable the Mddgsgee to pay such taxes, assessments or other ohms as they iiecome due. <br />4. Insurance. To keep the improvements now or hereafter locatwd on the real estate described herein insured <br />against damage by fire and such other hazards as Mortgagee may require, in amounts and with companiesacceptable to the <br />Mortgagee; and with lose payalle to the Mortgagee: in ease of loses under such policy s the Mortgagee is authorized to <br />adjust, collect and compromise, in its discretion, all claims thereunder at its sole option, authorized to either apply the <br />proceeds to the restoration of the Property or upon the indebtedness secured- hereby, but payments hereunder shall con- <br />tine until the sums secured hereby are paid in full. <br />L O Eserow For Tares and Intrauec Notwithstanding anything contained in paragraphs 3 and 4 hereof to the <br />contrary, Mortgagor shall pay to the Mortgagee at the time of paying the monthly installments of principal and interest, <br />one- twelfth of the yearly taxes, assessments, hazard insurance premiums, and ground rents (it any) which may attain a <br />priority over this Mortgage, ail as reasonably estimated from time to time by the Mortgagee. The amounts so paid shall be <br />held by the Mortgagee without interest and applied to the payment of the items in respect to which such amounts were <br />deposited. The sums paid to Mortgagee hereunder are pledged as additional security for the indebtedness secured by this <br />L Mortgage. Mortgagorshall pay to Mortgagee the amount of any deficiency between the actual taxes, assessments, insurance <br />premiums and ground rents and the deposits hereunder within 10 days after demand is made upon Mortgagor requesting <br />payment thereof. <br />r <br />6. Repair, Mainteeaace and Use. To promptly repair, restore or rebuild any buildings or improvements-, now or <br />10f <br />` 3 <br />hereafter on the Property; to keep the Property in good condition and repair, without waste, and free from mechanic's or <br />r, <br />other liens not expressly subordinated to the lien hereof; not to make, suffer or permit any nuisance to exist. nor to dimin- <br />ish or impair the value of the Property by any act or omission to act; and to comply with all requirements of law with <br />respect to the Property. <br />W1 <br />