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r- 7 MORTGAGE $�.,,` U01600 This Mortgage is entered into between Roger G. Hellwo9e and Judy A Hellwege 1 81Lsb rLd and Wi fe (herein "Mortgagor ") and Five Points Bank (herein "Mortgagee "), Mortgagor is indebted to Mortgagee in the principal sum of $ 14Q.000.00 evidenced by Mortgagor's note dated 4/1/85 (herein "Note ") providing for ay I is of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 4 -95 Tosecure the payment of the Note, with interest as provided therein, the payment of all other sums, with interest, advanced by Mortgagee to protect the security of this Mortgage, and the performance of the covenants and agreements of the Mortgagor contained herein, Mortgagor does hereby mortgage and convey to Mortgagee the following described Property located in ua t 1 County, Nebraska: LOts Seventeen (17), Eighteen (18), Nineteen (19), Twenty -qle (21), ` %enty-'Ito (22), 4tent `rhree (23). TWenty-Four (Ienty -Five (25), and Twimty -Six (26) in Phillips Subdivision in SectionRtirty- three (33), unship Eleven (11) North, Range Nine (9), West of the Sixth P.M., Hall (::aunty, Nebraska; and Thte Easterly Muee hundred Fifty Feet (3501) of Tot Tlesnty (20), of Phillips Sui-divisicn situated in the North Half (N}) of the NorUTwest Quarter (NW }) of the Northeast Quarter (NE}) of Section Thirty -Vhree (33), Tot,nship Eleven (11) North, Range Nine (9), West of the Sixth P.M., Hall County, Nebraska; and A tract of lard situated in Phillips Subdivision of a part- of the North Half of the hbrtht,est Quarter of the Northeast Quarter (N }NW }NE}) of Section'Ihirty- 'Three (33), Township Eloven (11) North, Range Nine (9) wst of the Sixtlu P.M., Hall Gauntry, Nebraska, rrcore particularly described as folla s; 'Beginvning at the Southeast comer of Lot Sixteen (16) of said subdivision, the?rnee south 40 feet; thence west 200 feet: thence forth 40 feet to a point on the South line of Lot Fifteen (15) in said subdivision; tl roe east 200 feet to the place of beginning formerly Sande Jo Road .said tract scull a part of what was prior to the vacation of said road by the Hall Canty Board of Sup rvisors on the 24th day of August, 1965. Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the rents issues and profits, reversions and remainders thereof; including, but not limited to, heating and cooling equipment and such personal property that is attached to the improvements so as to constitute a fixturn. all of which, including replacements and additions thereto, is hereby declared 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 .. Property" Mortgagor further convnnants and agrees, with Mortgagee, as follows: I. Payment. To pay the indebtedness and the interest theroon as provided in this Mortgage and the Note. 2. Title. Mortgagor is the owner of the Property, has the right and authority to mortgage the Property, and warrants that the lien created hereby is a first and prior lien on the Property, except as may otherwise be set forth herein. 0 The Property is subject to a Mortgage wherein is the Mortgagee, recorded at Book --- --______ , Page .. __ -- of the Mortgage Records of --- -- -___ -- County, Nebraska, which Mortgage is a lien prior to the lien crated hereby. C' Other prior liens or encumbrances: 3. Taxes, Assessments. To pay when due all taxes, special assessments and all other charges against the Property and, upon written demand by Mortgagee, to to add the Payment,; required under the Note secured hereby, such amount as may be sufficient to enable the Mortgagee to pay such taxes, assessments or other charges as they become due. 4. Insurance. To keep the improvements now or hereafter located on the real estate described herein insured against damage by fire and such other hazards as Mortgagee may require, in amounts and with companies acceptable to the Mortgagee, and with loss payable to the Mortgagee. In case of loss under such policies the Mortgagee is authorized to adjust, collect and compromise, In its discretion, all claims thereunder at its sole option, authorized t.o either apply the Proceeds to the restoration of the Property or upon the indebtedness secured hereby, but payments hereunder shall con• tfntre until the sums secured hereby are paid in fall. 5. CI Escrow For faxes and Insurance. Notwithstanding anything contained in paragraphs 3 and 4 hereof to the contrary, Mortgagor shall pay to the Mortgagee at the time of paying the monthly installments of principal and interest, one- twelfth of the yearly taxes, assessments. hazard insurance premiums, and ground rents (if any) which may attain a Priority over this Mortgage, all as reasonably estimated from time to time by the Mortgagee. The amounts so paid shall be held by the Mortgagee without interest and applied to the payment of the items in respect to which such amounts were deposited. 'file sums paid to Mortgagee hereunder air pledged as additional security for the indebtedness secured by this Mort , Moregagorshall gay to Mortgagee the amount of any deficiency between the actual taxes, assessments, Insurance premiums and ground rents and the deposits hereunder within 10 days after demand is Payment thereof. made upon Mortgagor requesting i 4. Repair. Maintenance and Use. To promptly repair, restore or rebuild any huildings or improvements new or hereafter on the Property; to keep the Property in `0 good condition snit repair, without. waste, and fire from mechanic's or either bens not vx re un! p y !ailmrdinated to the lien hereof; not to make, suffer or permit any nuisance to ish impair or exist, nor to (limit% the value of till' Properly by any act or omission to act.; end to comply will, all requirementA of law with respeet to ttn' Property.