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MORTGAGE <br />This Mortgage is entered into between Elouise M. Soukup and Leo Soukup, Jr, as Joint <br />Tenants with Right of Survivorship and Not As Tenants in Commo <br />City National Bank na d Trust Com n herein "Mortgagor ") and <br />__pa y, Hastings Nebraska <br />Mortgagor is indebted to Mort (herein "Mortgagee "), <br />Mortgagee in the principal sum of $ 42, 000, 00 , evidenced by Mortgagor's note <br />dated June 28, 1985 <br />(herein "Note ") providing for payments of principal and interest, with the balance of the <br />indebtedness, if not sooner paid, due and payable on July 1,--1990 <br />Tosecure the payment of the Note, with interest as provided therein, the <br />advanced by Mortgagee to protect the security of this Mort Payment of all other sums, with interest, <br />the Mortgagor contained .herein, . Mortgagor Mortgage, the performance of the covenants and agreements of <br />r does hereby mortgage and convey to Mortgagee the following described <br />Pr'oper'ty located in Hall__ County, Nebraska: <br />Lot Twenty Eight (28), "Amick Acres" comprising a part of the West Half of the <br />Southwest Quarter (W }SW}) of Section Two (2), Township Nine (9) North, Range <br />Ten (10) West of the 6th P.M., Hall County, Nebraska. <br />rn <br />N <br />1r4 <br />o <br />� <br />S D oZ <br />V1 �v <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, ea O <br />sements rights, pnsv leggy a <br />an <br />appurtenances located thereon or in anywise pertaining thereto, and the rents issues and profits, reversions and remainders <br />lege <br />thereof; including, but not limited to, heating and cooling equipment and such personal propertv 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 />..artto be a part of the real estate secured by the lien of this 14fortgage and all of the foregoing being referred to herein as the <br />y., \ <br />Mortgagor further convenants and agrees, with Mortgagee, as follows: <br />L 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 />O The Property is subject to a Mortgage wherein <br />is the Mortgagee, recorded at Book _- --_ -- _ , Page _. _.-_-__ -- . of the Mortgage Records <br />Nebraska, which Mortgage is a lien prior to the lien created hereby. of — County, <br />U Other prior liens or encumbrances :.______- _,______.___ <br />3. Taxes, Asaessnnenta. 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. Insurance, To keep the improvements now or hereafter located on the real estate described herein insured <br />aghast 41111W by fire and such other hazards as Mortgagee may require, in amounts and with companies acceptable to the <br />MUoatpgee, and with loss payable to the Mortgagee. In ease of lass under such policies the Mo thodsed <br />+ chest tied compromise, in its discretion, all claims thereunder at its sole option, authorized ,zed to either the <br />Proe"da to the restoration of the Property or upon the indebtedness secured hereby, but payments hereunder std! <br />con- <br />am* wail the 591115 secured hereby are paid in full. <br />5. 13 Easrow For Taxes and Insurance. Notwithstanding anything container, in paragraphs 3 and 4 hereof to the <br />�- ttwelMt of the yearly �tayxes a Mortgagee at the time of paying the monthly installments of principal and interest, <br />priority over this nt$, hazard insurance premiums, and ground rents (if any) which may attain a <br />held by Mortgtbge, toll as reasonably estimated from time to time by the Mortgagee, The amounts so paid shall be <br />wlth<wt interest and applied to the payment of the items in respect to which such amounts were <br />depoNted, he sums paid to Mortgagee hereunder are pledged as additional security for the Indebtedness secured by this <br />L • Mortgagorshadl pay to Mortgagee the amount. of any deficiency between the actual taxes, assessments, Insurance <br />Pr" Maus and ground rents and the deposits hereunder within 10 days after demand is made upon Mortgagor requesting <br />payment thereof. <br />6. Repair, Maintenance 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 />ish 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 />4, n <br />K <br />