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~9r ~ U ~ 7 ~ ~ MOli.TGAGE ThisMortga elsenteredintobetween WAYNE E. & SUZANNE ESSINK, LAWRENCE N. & LINDA C. ESSINK, g DUANE R. 6 CONNIE A. HELMINK, MICHAEL L. & PAULA S. SMITH ;herein "Mortgagor") and 'rte DVRRT.AND NATTDNAT. RANK OF (:RAND 7SI AND (herein "Mortgagee"). Mortgagor is indebted to Mortgagee in the principal sum of $ 55 , 000.00, evidenced by Mortgagor's note dated 5-25-79 (herein "Note") providing for payments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 5-25-87 lb secure 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 Che fallowing described property located in Hall County, Nebraska: A CERTAIN PART OR PARCEL Or^ LOT SIX (6) OF THE COUNTY SUBDIVISION OF THE NORTHWEST QUARTER (NW'-G) AND THE WEST HALF OF THE NORTHEAST QUARTER (WANE',.) OF SECTION FIVE (5) IN TOt~1NSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6th P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PRESENT HIGHWAY RIGHT OF WAY LINE, 534.8 FEET NORTH ADTD 50.0 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 5, RUNNING THENCE II17E NORTH, PARALLEL WITH THE WEST LINE OF SAID SECTION, 204.0 FEET, RUNNING THENCE DUE EAST, 3.0 FEET: RUNNING THENCE DUE NORTH, PARALLEL WITH THE WEST LINE OF SAID SECTION, 21.8 FEET, RUNNING THENCE NORTH, 59 DEGREES, 00' EAST, 143.3 FEET, RUNNING THENCE SOUTA S DEGREES, 32 MINUTES EAST, 306.0 FEET, TO THE PRESENT HIGHWAY RIGHT OF WAY LINE, RUNNING THENCE SOUTH 55 DEGREES, 22 MINUTES WEST, ALONG THE HIGHWAY RIGHT OF WAY LINE, 120.4 FEET, RUNNING THENCE NORTH 34 DEGREES, 38 MINUTES WEST, ALONG THE HIGHWAY RIGHT OF WAY LINE, 91.8 FEET, TO THE POINT OF BEGINNING, CONTAI'IING 0.95 ACRE, MO1tE OR LESS. Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and app~tenances located thereon or in anywise pertaining thereto, and the tents. issues and profits, reversions and remainders thereof; including, but not limited to, heatng ana cooling equipment and such personal property that is attached to the improvements so as to rnnstitute a fixture; all of which, including replacements and additions thereto, is hereby declared to be a part of the teal estate secured by the Lien of this Mortgage and all of the foregoing being referred to herein as the ~.~PertY". Mortgagor further coneenants and agrees, with Mortgagee, as follows: i_ Payment. To pay the indebtedness and the interest thereon as provided in this Mortgage and the Note. 2 Title. Mortgagor i$ the owner of the Property, has the right and authority to mortgage the Property, and warrants that the lien created tie3eby is a first and prior lien on the Properh`, except as may otherwise be set forth herein- ^ Tile Property is subject to a Mortgage wherein is the Mortpgee, recorded at Book ,Page o[ the Mortgage Rrcords of County, Nebraska, which Mortgage is a lien prior to the lien created hereby. ^ Otber prior liens or 3. Taus, Aaresarnents To pay when due all taxes, special assessments and aH other charges against the Property and, upon writtea demand by Mortgagee, to add to Lhe payments required under the Note secured hereby, such amount as may be sufficient to enable the Mortgagee to pee such taxes, assessments or older charges as they become due. 4. Iaseraaee. To keep the improvements now or hereafter located on the real estate described herein insured agaittst damaDe by firn and such other hazards as Mortgagee may require, in amounts and with companies acceptable to the Mortgagee, and w%th toes payable to the Mortgagee. In case of loss under such policies the Mortgagee is authorized io adjust, collect and compromise, in its discretion, all claims thereunder at its sole option, authorized toei[herapply the proceeds to the restomtiaa of the Property or upon the indebtedness secured hereby, but payments hereunder shall con- tinue unG'1 the sums seetaed hereby are paid in fu1L S. ^ 13saorr Far Tasea and Insutanee. Notwithstanding anything contained in paragraphs 3 and 4 hereof to the contra[y, Mortpgor shall pay to the Mortgagee at the time oC paying the monthly installments of principal and interest, ate-tvrelfth of the y~rly taus, asseasntenta, hazard insurance premiums, aad ground rents (if eayl which may attain a prioHty oar thk Mortgage, all as reasonably estimated h+om tlme to time by the Mortgagee. The amounts so paid shall be Frdd by the Mortgagee without interest and applied to the payment of the items in respect to which such amounts were departed. The-surge paid to Idort~gee herertndet are pledged as additional security [or the indebtedness secun=d by thrs Idort~{e. Mortgagarc shall pay to Mortgagee the amount of any de5ciency between the actual taxes, assessments, insurance pmmitmts sad gmmrd rents and the deposits hereunder reithin 10 days after demand is made upon Mortgagor requesting Qtymeat thereoL 6. Repak, Mamtenaaee and Use. To promptly repair, restore or rebuild any buildings or improvements sow or hereafter on Ehe Property; to keep the Property in good eondition and repair, without waste, and free from mechanic's or otltmtiens not e:pmsaly subardlnated to the lien hereof; not to make, suffer or permit any nuisance to exist, nor to dimin- ish or impair the 9alue of ffiePmperty by any set or omission to set; and to comply with all requirements of law with respect to the Property.