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i <br />r <br />X <br />MORTGAGE <br />85--- 000710 <br />This Mortgage is entered into between lank n__Wiese anei fPat-riry T Wi, g,, <br />(herein "Mortgagor ") and <br />FIVE POINTS BANK <br />(herein "Mortgagee"). <br />Mortgagor is indebted to Mortgagee in the principal sum of $ 17, 200.00 evidenced by Mortgagor's note <br />dated 2/7/85 (herein "Note ") providing for payments of principal and interest, with the balance of the <br />indebtedness, if not sooner paid, due and payable on_ 2/1/91 <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 Hal1 County, Nebraska: <br />A TRACT OF LAND IN THE NORTHWEST DARTER OF THE SOUTHEAST <br />QUARTER (NWaSE4) OF SECTION TWENTY -FOUR (24), TOWNSHIP ELEVEN <br />(11) , NORTH, RANGE TEN (10) , WEST OF THE 6TH P.M., AND MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT <br />ON THE NORTH RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD <br />COMPANY 484.3 FEET NORTHEASTERLY FROM ITS POINT OF INTERSECTION <br />WITH THE NORTH -SOUTH CENTER LINE OF SAID SECTION; RUNNING <br />THENCE IN A NORTHWESTERLY DIRECTION PERPENDICULAR TO SAID <br />NORTH LINE OF THE UNION PACIFIC RAILROAD COMPANY RIGHT OF <br />WAY FOR A DISTANCE OF 200 FEET: RUNNING THENCE IN A SOUTHWEST- <br />ERLY DIRDCTION PARALLEL TO THE NORTH LINE OF SAID RIGHT OF <br />WAY FOR A DISTANCE OF 50 FEET; RUNNING THENCE IN A SOUTHEAST- <br />ERLY DIRECTION PERPENDICULAR TO SAID NORTH RIGHT OF WAY LINE <br />FOR A DISTANCE OF 200 FEET TO A POINT ON SAID NORTH RIGHT <br />OF WAY LINE; RUNNING THENCE ALONG AND UPON SAID NORTH RIGHT <br />OF WAY LINE IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF <br />Tqp%.Iw autivrie rrtreets, 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 Ihereto. 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 />Cl The Property is sub&.& to a Mortgage wherein . <br />is the M017411111ce, recorded at !took .._...____ ___ . Page of the Mortgage Records of <br />Nebraska, which Mortgage - -- - _County, <br />1'tgage is a lien print lu the lien created hereby. <br />G Other prior liens or encumbrances: <br />3• Taxes, Assessinsials. To pay when due all taxes, special assessments and all other charges against the Property <br />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 tite Mortgagee to pay such taxes, assessment's 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 tither hazards It'; Mortgagov tray require, in amounts and will) companies Acceptable to the <br />and with logs payable to the Mortgagee. In case of loss under such polieies the tslortgages• ig aaulhorirptl to <br />adjust. cogent and compromise, In its discretion, all claims thereunder at its sole option, authorized toeitherapplythe <br />to the restoration of the Property to upon the indebtedness steered hereby, but payments hereunder shall con. <br />tinuO until the sums secured hereby are paid in full. <br />S. FJ Mallow For Taxes and insurance. Notwithstanding anything contained in paragraphs 3 and 4 hereof to the <br />shall pay to the Mortgagee at the time of paying the monthly tostallments of principal and interest, <br />am-twelfth of the yearly taxes, arsessments, hazard insurance premiums, slid ground rents or any) which may attain a <br />Priority over the Mortgage, all as reasonably estimated from time tti time by the Mortgagee. The amounts so paid shall he <br />held by the Mortgagee without interest and applied to the pavntent or the Items in tr%,p4Tj, io wiltch such atu meta wen, <br />dMosited. The sums paid to Mortgagee hereunder are pledged as additional security for the indebtr(Inesr secured by this <br />tshsll pay to Mortgagee the amount of any deficiency between the actual taxes, assessments, hrsurancp <br />Premiums and pound truth and the depcesits hereunder withhl It) thereof, days <br />tymentt after demand is nlsdr' upon Mor(gage)r trquesting <br />d. Itepak, Maintenance and Use, 'Po promptly repair, ­store or rebuild any huildnlgs ear nnprovesueuts now err <br />t after am the rroperty: to keep the Property in ga nd condition and r,lpair, without waste, and free from m.•rhanle',v or <br />a ttttas not cxpr Iy suborr+tnMIA to the hers hereof; not to rnake..auffer or permlt ring nu1'"ri e Ic rglyl, nor an dinim. <br />ob of impair the VAlut. of the I'm1wrry lay any l3rt or otnlsstntt to act; and to nrmply with tilt r"g1vi"mrnls 14 Isw with <br />r�y�ct its the= Proiw'rts_ <br />a <br />