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MORTGAGE 87- 106894 <br />This Mortgage is entered into between David P. wieczorek and Veronica A. Wieczorek <br />Husband and Wife as Joint Tenants & Not as Tenants in Common (herein "Mortgagor") and <br />FIVE POINTS BANK (herein "Mortgagee "), <br />Mortgagor is indebted to Mortgagee in the principal sum of $ 6, 000.00 , evidenced by Mortgagor's note <br />did 11/20/87 (herein "Note ") providing for payments of principal and interest, with the balance of the <br />Indebtedness, if not sooner paid, due and pavable on_ 3/19/88 _ <br />To secure the payment 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 herein, Mortgagor does hereby mortgage and convey to Mortgagee the following described <br />property located in Hall County, Nebraska: <br />Part of the South Half of the Southwest Quarter (S }SW;) of Section Three (3) in Township <br />Eleven (11) North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, more parti- <br />cularly described as follows: Beginning at a point Fourteen Hundred Thirty -Eight and Twenty - <br />nine hundredths feet (1438.29') East of the Southwest corner of Section Three (3); running <br />thence North parallel with the West line of said Section for a distance of Five Hundred <br />Sixteen Feet (516'); thence East parallel with the South line of said Section for a dis- <br />tance of Eighty four and forty one hundredths feet (84.411) thence south parallel with the <br />West line of said Section for a distance of Five Hundred Sixteen feet (516') to a point on <br />the South line of said Section; thence West along and upon the South line of said Section <br />for a distance of Eighty -four and forty one hundredths feet (84.41') to the point of be- <br />ginning. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders <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 replacements and additions thereto, is hereby declared <br />to be a part of the real estate secured by the lien of this Mortgage and all of the foregoing being referred to herein as the <br />"Property" <br />Mortgagor further convenants 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 <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 />12 The Property is subject to a Mortgage wherein <br />is the Mortgagee, recorded at Book , Page of the Mortgage Records of Hall County, <br />Nebraska, which MortM is a lien prior to the lien created hereby. <br />❑ Other prior liens or <br />3. Taxes, Assessments. To pay when due all taxes, special assessments and all other charges against the Property <br />and, upon written demand by Mortgagee, to add to the payments required under the Note secured hereby, such amount as <br />may be sufficient to enable the Mortgagee to pay such taxes, assessments or other charges as they become due. <br />4. Insurmnce. 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 the <br />Mortgagee, and with loss payable to the Mortgagee. In case of loss under such policies 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 />tinue until the sums secured hereby are paid in full. <br />S. ❑ Escrow For Taxes and Insurance. 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 />orm- twelfth of the yearly taxes; assessments, hazard insurance premiums, and ground rents (if any) which may attain a <br />priority over this Mortgage, all as reasonably estimated from time to time by the Mortgagee. The amounts so paid shall be <br />hold 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 . Mortgagor shall 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 />6. Repair, Mahrtename and Use. To promptly repair, restore or rebuild any buildings or improvements now or <br />hereafter on the Property; to keep the Property In good condition and repair, without waste, and free from mechanic's or <br />other liens not expressly subordinated to the lien hereof; not to make, suffer or permit any nuisance to exist, nor to dimin- <br />ith 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 />7M. <br />PI <br />n <br />tv' <br />tla <br />