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F <br />I <br />86- 103404 <br />MORTGAGE <br />This Mortgage is entered into between Steven R_ Stu tzma 1 gjpd .7u1 ie Stutzman <br />Husband and Wifq _ (herein "Mortgagor") and <br />Five Points Bank (herein "Mortgagee "). <br />Mortgagor is indebted to Mortgagee in the principal sum of $ 9, 670 on , evidenced by MortgaWs note <br />dated 6118/86 (herein "Note ") providing for payments of principal and interest, with the balance of the <br />Indebtedness, if not sooner paid, due and payable on 6/24/89 <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 />Lot Nine (9), Block Sixteen (16), Fairview Park Addition to the City of <br />Grand Island, Hall County, 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 secured by the lien of this Mortgage and all of the foregoing being referred to herein as the <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 />Z. 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 />Deed of Trust <br />13 The Property is subject to a NWRW wherein — F _v_ez Points- Bank <br />Tru <br />is the lime" recordSet d at Book ,Page _____ of the Mortgage Records of Hall County, <br />Nebraska, which Mortgage is a lien prior to the lien created hereby. <br />O Other prior liens or encumbrances: <br />3. Taxes, Asesments. 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. Insurarim. 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 />5. 0 Ficrow 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 />ow-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 />beld 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 />Mortgitge. Mortgagordtall 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 />S. Repdr, Maintenance and lase. 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 />otherliens 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 ormssion to act; and to comply with alt mquimments of law with <br />respect to the Property. <br />IWT <br />it <br />t` <br />a <br />