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l1 ~ ®~l 13 sl~aN~ MoxT ~A~la; <br />~_- <br />This Mortgage is entered into between ~~~ Bl~lAR7' arsd ~'~ ANN BARPIHAl2T, Husband <br />and wife; as Joint Tenarsts and not as Tenants in Ccamtcsn (herein "Mortgagor"} and <br />THE t3VERf AAIf? blATTONA.L BAN[( QF (~ANB ISLARII), Grand Island, Nebraska (herein "Mortgages"). <br />Mortgagor is indebted to Mortgagee in the principal sum of $ 20 , 000' 00 ,evidenced by Mortgagor's note <br />dated I.'.eC~ttk',e;^ 29, 1978~erein "Note") providing for payments of principal and interest, with the balance of the <br />indebtedness; iFnat sooner paid, due and payable on ~ 28, 197 . <br />Ta secure the payment of the P:ota, with interest as provided therein, the payment of all ether s,sms,-with interest, <br />advanced by btortgagee 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 foltowing described <br />property losssted in ,- , _ ;-- ~ County, Nebraska: <br />Lots Foul: (4} ~el$i~ve (5} in Bl~k Forty°Four (44), Paeke~c- aa~i Barx''s Second <br />Addition to the 'City of Grarr3 Island, Hall County, Nebraska, together with the <br />cciinplesnertt to said Tat Four {4} , being a tract of land 8.9 feet wide by 120 <br />feet long lying imne3iately south of and adjacent tp the swath line of said <br />Lat Faiir {4}-Block-Forty-Four (44), Packer arm Bart's Seo~ Addition, said <br />cxx~aletnent a1s0 known as Lot Ten {10}, Block Forty-Four {44) Packer and Ban's <br />Annex; together with the ha3.f of vacat~l Claxence Street Lying zx»ztYi of and <br />adjacent to the Werth line of Let Five (5) in Block Forty-Four (44), Packer <br />and Bart`s SeaorXl Addition, said street having been vacated by Ordinartcz <br />Noo 5005, excepting therefrom the alley reserved in said Ordinance 13a. 5005. <br />i`ogether with ail buildings, improvements, Fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereaa or in anywise pertaining thereto, and the rents, issues and proFsts, reversions and remainders <br />thereof; induding, but not limited to, heating and cooling equipment and such personsl property that is attached tcs the <br />improvements sa as to constitu~e a fixture; all of which, including replacemenra and additions thereto, is hereby declared <br />to be a part of the real state secured by the Tien of this Mortgage and alt of the foregoing being rnfersed to herein as Use <br />.,~o~rty== <br />Mortgagor further coveenants and agrees, with Mortgagee, as follows: <br />4. fayrnent. To pry the indebtedness and Use interest therean as pravided in this Mortgage and the Note. <br />2. Title. Is4ortgagor is the ow-rer of the Property, has the right and authoeiry to mortgage Use Pmpex€y, and <br />warrants 'that the lien created hereby is s first and prior lien on the Property, except as may otherwise be set forth herein. <br />CI The Propxrty is sublet to a Mortgage wherein <br />is the Mortgagee, recorded at Book ,Page of the Mortgage Records of County, <br />tTS'eb,-aska, which Mortgage is a lien prior to the lien steered hereby. <br />C~1 Jther prior liesss ar <br />3. Taxes, Aaeesslrsersts. 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 Use Mortgagee to pay sash taxes, assessments oz other charges as they become due. <br />4 Insrsrance. To keep the improeements now or hereafter located an the real estate described herein insured <br />agaitsst damage by fire and such other hazard; as Mortgagee may m;uire, in amounts and with companies aceeptabir tothe <br />Pdortsagee, and wills toss payable to the S+tartgagec. In case of toss under such policies the Mortgagee is authorized to <br />adjust, collect and compromise, in its discretion, all claims thereunder at its sole option, authorized toeitherapplythe <br />proceeds to the restoration of the Property or upon the indebtedness secured hereby, but payments hereunder shall son- <br />- Unue anti[ fire surna secured hereby are paid in fall. <br />5. Gq w For Taxes and irsssrranse. Notwithstandiag~nything sntained in paragraphs 3 and 4 hereof t.o-the <br />conteaty, Irlortor shall pay to the Mortgagee at the time of paying the monthly ins#alimenis of principal and interest, <br />one•twelfth of tise yearly tastes, asaessanents, hazard insaraasse prn!niums, and ground rents (if any} which cony at~in a <br />priority over t3sis Mortgage, afl as reasonably estimated cram time to tame by the Aortgagee. The amounts scs paid shag be. <br />held by the Mortgagee without interest and applied to the payment of the Items isc respect to which such agsounts were <br />deposita:d. The auma paid to ~ hereunder are pledged'as additional seaurity Yasthe indebtedness secured by this <br />Mortgeee, AtorshaA pay Lo lidostgagee the amount of any defiedency h~tweea the actual.taxe~.asse~menls, irssurance <br />permit and ground rents and ta`Se deposits hereunder within 1Q days after demand is made upon Mortgagor requesting <br />payment thereof, <br />S. Repair; Maieternace and flee. 7'o protnptiy repair,,r+sstore or rebuild any buildings or improvements now or <br />hereaf',sr on-the Property; €a keep itse Prosser"4y ln~tsorl condltlor. snd repair, without waste, and free Pram mechanic's ar <br />ether liens not eitpressiy suboedlnated tm the lien hereof; not to-make; suffer or permit any nuisance to exist, nor to dim[n- <br />tsh;or impair the vaine of the-Property by-arty wet or omission fri act; and to comply with alt requirements of law with <br />respect to the Property. <br />