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r <br />MORTGAGE a6— 102319 <br />This Mortgage is entered into between _ na l P T Rob y rya t t a n d T n i a T. _ Rah l n_.P t t' . <br />Husband and Wife (herein "Mortgagor ")and <br />Five Points Bank <br />"Mortgagee,,). <br />Mortgagor is indebted to Mortgagee in the principal sum of $ 32 , 900.00 , evidenced by Mortgagor's note <br />dated __.May A, 1986 (herein "Note ") providing for payments of principal and interest, with the balance of the <br />indebtedness, if not sooner paid, due and payable on- May 8, 1996 <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 <br />Hall <br />County, Nebraska: <br />Lot One (1) of Stehr's Subdivision, located upon the West <br />Half of the Southwest Quarter (WzSW4) of Section Eleven (11), <br />Township Eleven (11) North, Range Nine (9) West of the 6th <br />P.M., Hall County, Nebraska, except that part heretofore <br />conveyed to Clarence J. McIntosh by Warranty Deed recorded <br />in Book 98, at Page 199 of the Deed Records in Hall County, <br />Nebraska <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 secure' 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 />❑ The Property is subject to a Mortgage wherein <br />is the Mortgagee, recorded at Book .__�__ __ , Page _. _ - . _ of the Mortgage Records or <br />Nebraska, which Mortgage is a lien prior to the lien created hereby. <br />❑ Other prior liens or encumbrances: <br />County, <br />3. Taxes, Assessments. To pay when due all taxes, special assesstnenL% 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. 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 'ttortgagee 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 Properly or upon the indebtedness secured hereby, but payments hereunder shall con- <br />tinue until the sums secured hereby are paid in full. <br />5. L Escrow For Taxes and Insurance. Notwithstanding anything contained in paragraphs :1 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 (if arty) which may attain a <br />priority over this Montage, all as reasonably estimated from time to time by the Mortgagee. The amounts so paid shall be <br />held by the Morttatee 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 />Mortgage. Mortgagorshall pm 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 [Wade upon Mortgagor requesting <br />payment thereof. <br />6. Repair, Maintenance and Ise. 7'o prompU} repair, restore or rebuild any buildings or improvements now or <br />hereafter on the Property; to kvvp the Property in good condition and repair, without waste, and free from mechanic's or <br />other liens not expressly suhordinated to the lien hvrwlt: Viol to make. ,offer or permit any nuisance to exist, n:U to dimin <br />firth or impair Nte value or the Propett}' try nnY art nr nmissi,en to art, nild to mintly wide itll regnit,vnent. Of law with <br />r>spr•ct f,, Ih. Pr: N;r eta. <br />f� <br />I erj <br />