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<br />MORTGAGE 82 --s ~ C! 14 ~'~ <br />TEtes3~'Iortgageisetiteredintobetween Patrick T . Fitzg~~ald and Rita A Fitzgerald _ <br />Husband and: F?ife (herein "Mo*tgagor") and <br />Five Pdints-Bank <br />- - -~~ ~, (herein "Mortgagee"). <br />~txx~y xg~r 17,409,94 <br />Mortgagor is indebted to Mortgagee in the principal sum of $ iTSlx~L5tQx'X~F ,evidenced by Mortgagor's note <br />daGad' April 16 , 1982 {herein "tJote"j providing for payments of principal and interest, with'ihe balance of the = <br />indebtedness, if not sooner paid, due and payable on. April 15, 1992 . <br />Tc secure the paymentof the Note, with interest as provided therein, the payment of alI 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 ual 1 County, Nebraska: <br />Lot Nine (9} Block Twc {2) in Colonial Estates Subdivision, <br />City of Grand Island, Nebraska <br />fiogether with all buildings, improvements, fi~ctures, streets, alleys, passageways, easements,. rights, privileges and <br />appurtemutces located thereon or in anywise pertaining thereto, and the renU issues and pro5ts, reversions and remainders <br />tbexeof including, but oat limited to, heatang and cooling equipment and such persona! property that is attached to the <br />improvements: so as to constitute a Fixture; all of which, including replacements and additions thereto, is hereby deetansd <br />t0 be a part of the. real estate secured by the Lien of this Mvrtggee and all of the foregoing being referred to herein as the <br />..~~Ry.. <br />Mortgagor further crxrvenants sod agrees, with Mortgagee, as follows: <br />1. Payment. To pay the indebtedness aad the interest thereon as provided in this Mortgage and the Note.. <br />2, Title. 1liorigagor 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 ten on the Property. except as may otherwise be set forth herein. <br />C>3 The Property is subject taa Mortgage wherein..._...Eq.ttiS.ahle..$Ir~1__d_?iig~, l aan Assn. <br />is We :Mortgagee, recorded at Book , Page._ _ ....._ of the Mortgage Records of .~. xB 1~ County, <br />Nebraska, which Mortgage is a lien prior to the lien created hereby. <br />C# t)therprior,liena orencumbrattces:,.__._.__. _..u_..__..._____._.____~.__.__. <br />3. Taaes, Assesstneats. Ta pay when due all taxes, speciat assessments and. all other charges against the Property <br />and, upon written demand by Mortgagee, to add to the. payments required under the Note sc~cur~ d hereby, such amount as <br />tray be sufficient to enable the Martgagee to gay such taxes, assessments or other charges as they :recome due. <br />9. Ittsururce. To keep the improvements now or hereafter located on the real. estate described. herein. insured <br />-a~irtst damage by Gre and suet otherhazards as Mortgagee may require, in amounts and with companies acceptable to the <br />5+~, and with. loss payable. to the Mortgagee. in case of loss under such policies the Mortgagee is authorized to <br />adjust, collect and comprnv+'~, in its discretion, all claims idrereurtder at its sole option, auihoriz~ed toeitherappty the <br />proceeds to the restoration of the ProperF,y or upon. the. indebtedness secured.. hereby,. but payments hereunder sha31 con- <br />-time until lhesutrLtsecuredhereby are-paid in full. <br />5. %.i:E:s~.crozr For Taus and Issu=ance.. Notwifiastandinganytbingcontaned in paragraphs 3 and 4 hereof to the <br />contrary, 'ytortgagora~haPl pay to the Mortgagee at the time of paying. fps monthly installments of principal and interest, <br />one-iweftth of the yearly caries, assessments, hazard insurance premiums, and. ground. rents {it any) which may attain a <br />priority over this Mortgage, art as reasonably estrmtited from time to time by the Mortgagee. '['tie amounts so paid shall. be <br />held 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 i~Iortgagee hereunder are pledged as additional security for the indebtedness secured by this <br />~, !slartgage. Atertgagor shall pay to i4lortgagee the amount of any deftciency between the actual taxes, assessments, insurance <br />premiums aad ground rents and the depositsiiereunder wrtbin l0 daysaftet densand is made upon Mortgagor requesting <br />payrnentlhereof. <br />6. Repair,Slaintenaaceand Use. `Fo,promptly r,~pair,. restore or rebuild any buildings or improvements now or <br />hereafter on the Property; to keep the Propertyin KWd condEtion and repair.., without waste, and free Irom mechanics ar <br />other liens not expressly subordinated to tihe lieoher:'rf; ^ot t.c make, suffer or perrrrit any nuisance to exist, nor Lo dimin- <br />istl ~r errpai: the value of the Prrylmrty by any axt or ortiit5ion to set;. atSd to comply with ail nquircmenls of taw with <br />respect ro the Property. <br />