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This Mortgage is entered into between Brian J. Zabka and Vicky J. Zabka
<br />Husband and Wife (herein "Mortgagor') and
<br />James D. Leonard and Donna L. Leonard (herein "Mortgagee").
<br />O
<br />Mortgagor is indebted to Mortgagee in the principal sum of $ 10- 000.00 evidenced by Mortgagor's note
<br />dated December 18. 2001 (herein "Note") providing for payments of principal and interest, with the balance of the O
<br />indebtedness, if not sooner paid, due and payable on Dgr mb r 18, 2016
<br />To secure the payment of the Note, with interest as provided therein, the payment of all other sums, with inter-
<br />est, advanced by Mortgagee to protect the security of this Mortgage, and the performance of the covenants and agree-
<br />ments of the Mortgagor contained herein, Mortgagor does hereby mortgage and convey to Mortgagee the following
<br />described
<br />property located in Hall County, Nebraska.
<br />Lot One Hundred Eight (108) in Buena Vista Subdivision, an Addition to the
<br />City of Grand Island, Hall County, Nebraska.
<br />Together with all buildings, improvements fixtures, streets, alleys, passageways, easements, rights, privileges
<br />and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof; including, but not limited to, heating and cooling equipment and such personal property that is
<br />attached to the improvements so as to constitute a fixture; all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Mortgage and all of the foregoing being referred
<br />to herein as the "Property ".
<br />Mortgagor further covenants and agrees, with Mortgagee, as follows:
<br />1. Payment. To pay the indebtedness 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 war-
<br />rants that the lien created herby is a first and prior lien on the property, except as may otherwise be set forth herein.
<br />❑ The Property is subject to a Mortgage wherein is
<br />the Mortgagee, recorded at Book , Page of the Mortgage Records of
<br />County, Nebraska, which Mortgage is a lien prior to the lien created hereby.
<br />❑ Other prior liens or encumbrances:
<br />3 Taxes, Assessments. To pay when due all taxes, special assessments and all other charges against the
<br />Property and, upon written demand by Mortgagee, to add to the payments required under the Note secured hereby, such
<br />amount as may be sufficient to enable the Mortgagee to pay such taxes, assessments or other charges as they become
<br />due.
<br />4. Insurance. To keep the improvements now or hereafter located on the real estate described herein insured
<br />against damage by fire and such other hazards as Mortgagee may require, in amounts and with companies acceptable to
<br />the Mortgagee, and with loss payable to the Mortgagee. In case of loss under such policies the Mortgagee is authorized
<br />to 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 />tinue until the sums secured hereby are are paid in full.
<br />5. ❑ Escrow For Taxes and Insurance. Notwithstanding anything contained in paragraphs 3 and 4 hereof to
<br />the contrary, Mortgagor shall pay to the Mortgagee at the time of paying the monthly installments of principal and inter
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<br />MORTGAGE
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<br />This Mortgage is entered into between Brian J. Zabka and Vicky J. Zabka
<br />Husband and Wife (herein "Mortgagor') and
<br />James D. Leonard and Donna L. Leonard (herein "Mortgagee").
<br />O
<br />Mortgagor is indebted to Mortgagee in the principal sum of $ 10- 000.00 evidenced by Mortgagor's note
<br />dated December 18. 2001 (herein "Note") providing for payments of principal and interest, with the balance of the O
<br />indebtedness, if not sooner paid, due and payable on Dgr mb r 18, 2016
<br />To secure the payment of the Note, with interest as provided therein, the payment of all other sums, with inter-
<br />est, advanced by Mortgagee to protect the security of this Mortgage, and the performance of the covenants and agree-
<br />ments of the Mortgagor contained herein, Mortgagor does hereby mortgage and convey to Mortgagee the following
<br />described
<br />property located in Hall County, Nebraska.
<br />Lot One Hundred Eight (108) in Buena Vista Subdivision, an Addition to the
<br />City of Grand Island, Hall County, Nebraska.
<br />Together with all buildings, improvements fixtures, streets, alleys, passageways, easements, rights, privileges
<br />and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof; including, but not limited to, heating and cooling equipment and such personal property that is
<br />attached to the improvements so as to constitute a fixture; all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Mortgage and all of the foregoing being referred
<br />to herein as the "Property ".
<br />Mortgagor further covenants and agrees, with Mortgagee, as follows:
<br />1. Payment. To pay the indebtedness 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 war-
<br />rants that the lien created herby is a first and prior lien on the property, except as may otherwise be set forth herein.
<br />❑ The Property is subject to a Mortgage wherein is
<br />the Mortgagee, recorded at Book , Page of the Mortgage Records of
<br />County, Nebraska, which Mortgage is a lien prior to the lien created hereby.
<br />❑ Other prior liens or encumbrances:
<br />3 Taxes, Assessments. To pay when due all taxes, special assessments and all other charges against the
<br />Property and, upon written demand by Mortgagee, to add to the payments required under the Note secured hereby, such
<br />amount as may be sufficient to enable the Mortgagee to pay such taxes, assessments or other charges as they become
<br />due.
<br />4. Insurance. To keep the improvements now or hereafter located on the real estate described herein insured
<br />against damage by fire and such other hazards as Mortgagee may require, in amounts and with companies acceptable to
<br />the Mortgagee, and with loss payable to the Mortgagee. In case of loss under such policies the Mortgagee is authorized
<br />to 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 />tinue until the sums secured hereby are are paid in full.
<br />5. ❑ Escrow For Taxes and Insurance. Notwithstanding anything contained in paragraphs 3 and 4 hereof to
<br />the contrary, Mortgagor shall pay to the Mortgagee at the time of paying the monthly installments of principal and inter
<br />
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