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MORTGAGE 82 .....(} (~ ~ 7 7 <br />This Mortgage is entered into between Stet/@n E. Fi[zgerald and Colleen G. Fitzgerald <br />- ___ __ (herein "Mortgagor") and <br />FIVE POINTS BANK ~ (herein "Mortgagee"). <br />Mortgagor is indebted to Mortgagee in the principal sum of $ iq, R(In..(]n _, evidenced by Mortgagor's-note <br />dated 11 /4 /82 (herein "Note") providing for payments of principal-and interest, with the balance o[-the <br />indebtedness, if not sooner paid, due and payable on. 11 /4 /86 , <br />Ta secure ffip pSyinent at the`Nb'tc+;tvi3th interest as provided therein, the payment of all other sums,-with interest, <br />advanced by Mo~~~~„to protect tire'~iurity of this Mortgage, and the performance of the covenants and agreements oP- <br />the Mortgagor edntafried "hereto; M"tiStge~dif'~Ices hereby mortgage and convey to Mortgagee the following described <br />property located in Hall County, Nebraska: - ~ - <br />Lot Ten (10), in Blauvelt Subdivision, being apart of the West Half <br />of the Southwest Quarter (W`~SW'~) in Section Two (2), Township Eleven <br />(11) North, Range Ten (10), West of the 6th P.M. in Hall County, <br />Nebraska <br />Together with all buildings, improvements, factures, 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, butnot 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 Tien of this Mortgage and all of the foregoing being referred to herein as the <br />..~operty,. <br />Mortgagor further eoneenants and agrees, with Mortgagee, as follows: <br />1. Payment. 1'o 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 />waerattls that-the_tien created hereby is a first and prior lien on the Property, except as may otherwise be set forth herein. <br />^ The Property is subject Go a Mortgage wherein <br />is the Mortgagee, recorded at Book - ,Page of the Mortgage Records of County, <br />Nebraska, which Mortgage is a lien prior to the lien created heretiy. <br />D Other prior liens or <br />3. Taxes, Assessments. 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 lire Mortgagee to pay such taxes, assessments or older 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 other hazards as Mortgagee may require, in amounts and with companies acceptable to the <br />Mortgagee, and with loss- payable to the Mortgagee. In ease o[ lass under suer policies the Mortgagee is authorized to <br />ad)ust, collect and. compmpaise, in its discretloa, all claiurs tfiereunder at its sate 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 sumssecured hereby era paid in full. <br />5: ~ Ew:rovr For Taxes and dnauaoce. Notwithstanding anything contained in paragraphs 3 and 4 hereof to the <br />cantraey, Mortgagor shall pay to the Mortgagee at the time of paying the monthjy installments of principal and interest, <br />ewe-tv:elfttt of -the yearly taxes, assessments, hazard insurance premiums. and. ground rents {if any) which may attain a <br />priority over this Mortgag€, ail ~ reasanab}y estimated from time to time by the 2dortgagee: The amaunti so paid shalt he <br />held by khe Mortgagee without interest and applied to the payment. of the items in respect to which ~ amounts were <br />deposited. The stuns paid to Mortgagee hereunder are pledged as additional security for the indebtednr:,., .; lured by this <br />Mortgage.Mo;igagoraha:lp~sy to Mortgagee tke amount of any deficiency between the actual taxes, assessments, insurauce <br />preiniui~ and ground rents abe the depoaitx hereunder within It) days after demand is made upon Mortgagor requesting <br />' payment thereoi, <br />6. Repair, k4a,:xtsnance end llso. Ta promptly repair, restate or rebuild ar+y buildings or improvements now or <br />barerrCter on the Property; to keep the. Properly its-goad condition and repair, withaui waste, and free tram mechanic's or <br />other liens not eatpreadg suhordtnated tp Lire lien hereof; not to make, suffer or permit any nuisance w exist, nor to dimin- <br />iah at iryipatr the talus of the Pippe$ty t:> any net ar omission to net; and to comply with alt nquimmeats of law with <br />to the Property. <br />