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$7, 105054 <br />REAL ESTATE MORTGAGE <br />THIS MORTGAGE is entered into between TIM ANDREW DIBBERN, <br />a single person, as "Mortgagor ", and PETER A. DIBBERN and <br />ANGELINE R. DIBBERN, husband and wife, or the survivor of them, <br />hereinafter referred to as "Mortgagee ". <br />Mortgagor is indebted to the Mortgagee in the principal sum <br />of Eleven Thousand Dollars ($11,000.00), evidenced by Mort - <br />gagor's Note of even date herewith, providing for principal and <br />interest with the balance of the indebtedness, if not sooner <br />paid, due and payable on August 11, 1994. <br />To secure the payment of the Note, with interest as <br />provided therein, the payment of all other sums, with interest, <br />advanced by Mortgagee to protect the security of this Mortgage, <br />and the performance of the covenants and agreements of the <br />Mortgagor contained herein, Mortgagor does hereby mortgage and <br />convey to Mortgagee the following- described property located in <br />Hall County, Nebraska: <br />Lots Five (5) and Six (6) in Block Six (6) in <br />Fourth Addition (South Loup Township) to the <br />Village of Cairo, Hall County, Nebraska, <br />together with all buildings, improvements, fixtures, easements, <br />rights, privileges and appurtenances located thereon or in any <br />way pertaining thereto, and the rents, issues and profits, <br />reversions and remainders thereof; including, but not limited to, <br />heating and cooling equipment and such personal property as <br />attached to the improvements so as to constitute a fixture; all <br />of which, including replacements and additions thereto, is hereby <br />declared to be a part of the real estate secured by the lien of <br />this Mortgage and all of the foregoing being referred to herein <br />as the "property ". <br />Mortgagor further covenants and agrees as follows: <br />1. __Payment. To pay the indebtedness and the interest <br />thereon as provid in this Mortgage and the Note. <br />Z. Title. Mortgagor is the owner of the property and has <br />the right ana authority to mortgage the property and warrant that <br />the lien created hereby is a valid first mortgage on the <br />property. <br />3. Taxes, Assessments. To pay when due all taxes, special <br />assessments and all ot�cRiarges against the property and, upon <br />written demand by Mortgagee, to add to the payments required <br />under the Note secured hereby, such amount as may be sufficient <br />to enable the Mortgagee to pay such taxes, assessments or other <br />charges as they become due. <br />4. Insurance. To keep the improvements now or hereafter <br />located on tie —real estate described herein insured against <br />damage by fire and such other hazards as Mortgagee may require, <br />in amounts and with companies acceptable to the Mortgagee and <br />with loss payable to the Mortgagee. In case of loss under such <br />policies, the Mortgagee is authorized to adjust, collect and <br />compromise, in the discretion of the Mortgagee, all claims <br />thereunder at Mortgagee's sole option and to apply the proceeds <br />upon the indebtedness secured hereby with payments hereunder <br />continuing until the sums secured hereby are paid in full. <br />5. Repair, Maintenance and Use. To promptly repair, <br />restore or reSuild any buildings or impr ovements now or hereafter <br />on the property; to keep the property in good condition and <br />repair, without waste, and free from mechanic's or other liens <br />not expressly subordinated to the lien hereof; not to make, <br />suffer or commit any nuisance to exist nor to diminish or impair <br />the value of the property by any act or omission to act; and to <br />comply with all requirements of law with respect to the property. <br />6. Performance b Mort a ee. Mortgagee may, but shall <br />have no ob qa on o, an w .ICh the Mortgagor has agreed <br />but failed to do. ind Mortgagee may also do any act: Mortgagee <br />- 9 <br />