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f <br /> 76- 000811 <br /> To HAVE AND To How the same unto the Mortgagee, as herein provided . Mortgagor represents to, <br /> • and covenants with, the Mortgagee, that the Mortgagor has good right to sell and convey said premises ; <br /> that they are free from encumbrance, except as hereinotherwise recited ; that the Mortgagor will warrant <br /> and defend the same against the lawful claims of all persons whomsoever. Mortgagor hereby relinquishes <br /> all rights of homestead, all marital rights, either in law or in equity , and all other contingent interests of <br /> the Mortgagor in and to the above-described premises. <br /> k ° PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, to <br /> o wit : ` <br /> Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />�` oh io hn tl e u hid balance until paid . <br /> at the rate of eight and three- fourtllnr centum ( 8 .75 ) I per annum a' hu Federal $ avi ngs and Loan <br /> The said principal and interest shall be payable at the office of Asso a > of Lincoln <br /> 1: in Lincoln , or at such other place as the Homer of the note may designate in <br /> l writing delivered or mailed to the Mortgagor, in monthly installments of Two Hundred Fifty and 96/100 <br /> Dollars ( $ 250 . 96 ) , commencing on the first day of April , 19 76 , and continuing on <br /> the first day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final <br /> payment of principal and interest shall be due and payable on the first day of March 2006; all <br /> . ' according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. <br /> k. <br />} The Mortgagor further agrees : <br />�1, 1 . lIe will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any <br />�` time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one <br /> installment, or one hundred dollars ($ 100 .00 ) , whichever is less . Prepayment in full shall be credited on <br /> i the date received . Partial prepayment, other than on an installment due date, need not be credited until <br /> the next following installment due date or thirty days after such prepayment , whichever is earlier . <br /> i 2. Together with, and in addition to, the monthly payments of principal and interest payable under <br /> the terms of the note secured hereby, Mortgagor will pay to Mortgagee, as trustee, ( under the terms of this <br /> trust as hereinafter stated ) on the first day of each month until said note is fully paid : <br /> (a) A sum equal to the ground rents, if ally, next due, plus the premiums that will next become due <br /> and payable on policies of fire and other hazard insurance covering the mortgaged property, <br /> plus taxes and assessments next due on the mortgaged property ( all as estimated by the Mort- <br /> gagee, and of which the Mortgagor is notified ) less all sums already paid therefor divided by <br /> • the number of months to elapse before one month prior to the date when such ground rents, <br /> premiums, taxes and assessments will become delinquent, such sums to be held by Mortgagee <br /> in trust to pay said ground rents, premiums, taxes and special assessments. <br /> ( b ) The aggregate of the amounts payable pursuant to subparagraph ( a) and those payable on the <br /> note secured hereby, shall be paid in a single payment each month , to be applied to the follow- <br /> ing items in the order stated : <br /> ( I ) ground rents, taxes, assessments, fire and other hazard insurance premiums ; <br /> ( u ) interest on the note secured hereby ; and <br /> ( III ) amortization of the principal of said note. <br /> Any deficiency in the amount of any such aggregate monthly payment shall, unless made good <br /> by the Mortgagor prior to the due date of the next such payment, constitute an event of default <br /> under this mortgage. At Mortgagee's option, Mortgagor will pay a "late charge" not exceed- <br /> ing four per centum ( 1 % ) of any installment when paid more than fifteen ( 15 ) days after the <br /> due date thereof to cover the extra expense involved in handling delinquent payments, but such <br /> " late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebted- <br /> ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and <br /> all proper costs and expenses secured thereby. <br /> 3. If the total of the payments made by the Mortgagor under ( a) of paragraph 2 preceding shall <br /> exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and <br /> assessments or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee <br /> on subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, <br /> shall be refunded to Mortgagor. If, however, such monthly payments shall not be sufficient to pay such <br /> items when the same shall become due and payable, then the Mortgagor shall pay to the Mortgagee, as <br /> trustee, any amount necessary to make up the deficiency within thirty ( 30 ) days after written notice from <br /> the Mortgagee stating the amount of the deficiency, which notice may be given by mail. If at any time <br /> the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured <br /> hereby, full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall , <br /> in ccnmputing the amount of such indebtedness, credit to the account of the Mortgagor any credit balance <br /> accumulated under the provisions of ( a ) of paragraph 2 hereof. If there shall be a default under any <br /> of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if the <br /> Mortgagee acquires the property otherwise after default, the Mortgagee, as trustee, shall apply, at the <br /> time of the commencement of such proceedings, or at the time the property is otherwise acquired, the <br /> amount then remaining to credit the Mortgagor under ( a) of paragraph 2 preceding, as a credit on the <br /> interest accrued and unpaid and the balance to the principal then remaining unpaid on said note. <br /> 'r 4 . The lien of this instrument shall remain in full force and effect during any postponement or exten- <br /> sion of the time of payment of the indebtedness or any part thereof secured hereby. <br /> 5. He will pay all ground rents, taxes, assessments, water rates, and other governmental or munici- <br /> pal charges, fines, or impositions, levied upon said premises and that he will pay all taxes levied upon this <br /> mortgage, or the debt secured thereby, together with any other taxes or assessments which may be levied <br /> under the laws of Nebraska against the Mortgagee, or the legal holder of said principal note, on account of <br /> this indebtedness, except when payment for all such items has theretofore been made under ( a ) of para- <br /> graph 2 hereof, and he will promptly deliver the official receipts therefor to the Mortgagee. In default <br /> thereof the Mortgagee may pay the same. <br />