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�, . , . � � . -':�+�., � ' � _ � TO HAVE AND TO HOLD the snme unto the blortgagee, us herein provided. Mortgagor represents to, and covenants with, the Mortgagee, tliat the Mortgagor hus goad right to sell and wnvey suid premises ; that tiney nre free from encumbrance, except as hereinotherwise recited ; that the Mortgagor �vitl warrxnt and defend tha snme a�ainst the ln�ti•ful clnims of uR persons wliomsocver. Mortgagor her2�y �elinquishes all righta oP homestend, all marital rights, eitfier in la�v or in eciuity, and all otlier contingent interests of � the Mortgagor in and to the uUove-described premises. PRovIDEn ALWAYs, and these presents are executed and delivered upon the following conditions, to wit: MortgAgor agreea to puy to the Mortgu�ee, or urder, the aforesnid principnl sum with interesb fror.i date at the rate of �ight and One Ha1f per centum ( 8 . 5 �o ) ��er annum un the unpaid balance until paid. The said principal and interest shall he payable ut the o�'ice of 1 irst Federal Savings and Loan A s is n of Linc ln in Nebraska , or at such otlier place as the�o4c�er o�t�e note may �es�gnate in writing delivered or mailed to the Mortgagor, in monLhly installments of One Hundred S ixt,y One and48/100 Dollnrs ($ 161 .48 ) , commencing on the hrst day of August , 19 76 , and continuing on the firat day of each month thereafter until snid note is fully pnid, except that, if not sooner paid, tlie final pnyr.ient of principal and interest shall be due and payable on the first day of Ju1y 2006 ; a11 jaccording to the terma of n certain promissory note of even date herewith executed by the snid Mortgagor. The Mortgagor further agrees : ' 1. He will pay the indebtedness, as hereinbefore provided. Privilege ia reserved to prepay at any E time, without premium or fee, the entire indebtedness or any part thereof not less than the amomit of one inetallment, or one hundred dollars ($100.00), whichever is less. Prepayment in full shali be credited on the date received. Partial prepayment, other than on un instaltment due date, need not be credited until ; ; the next following instullment due date or thirty days after such prepayment, whichever is earlier. � 2. Together with, and in addition to, the monthly payments of principal and interest payable under the terms of the note secured hereby, Mortgagor will pay to hiortgagee, as trustee, (under the terms of this trust ns hereinafter atated) on the first day of each month until said note is fully paid : (a) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due and payable on policies of f9re and other hazard insurance covering the mortgaged property, � plus taxes and nssessments next due on the mortgaged property ( all as estimated by the Mort- gagee, and of �ti•hich the Mortgagor is notified ) less all sums aiready paid therefor divided by ' " the number of months to elapse before one month prior to the date when auch ground rents, premiums, taxes and assessments �sill become delinquent, such sums to be held by Mortgagee ; in trust to pay said ground rents, premiums, taxes and special ussessments. ; ( b ) The aggregtste of the lmounts payable pursuant to subparagraph (a) and those payable on the ; note secured hereby, shall be paid in a single payment each month, to be applied to the follow- � ' ing items in the order stated : (i ) ground rents, taxes, assessments, fire and othe: hazard i�isurance premiums ; �' (ti j interest on the note secured hereby ; and � (III ) amortizntion of the priucipal of said note. Any deficiency in the� amount of anY stich aggregate monthly puyment shall, unless made good by the lSortgagor prior to the due date of the next such payment, constitute an ecent of default under this mortgnge. At liortgagee's option, ,lIortgagor �eill pny a `9ate charge" not exceed- ing four per centum (4g� ) of any instaliment n•hen paid more than fifteen ( 15 ) days after the due date tliereof to co��er the extra expense involved in handling delinquent payments, but such '9ate cliarge" shnll not be payabic out of tlie proceeds of any sale made to satisfy the indebted- ; ness secured liereby, wiless such piroceeds are su(licient to discharge the entire indebtedness and > all proper costs and expenses secured thereby. � �. 3. If the total of the payments made by the bfortgagor under (a) of parasraph 2 preceding shull exceed the amount of payments actuully made by the niortglgee, as trustee, for ground rents, taxes and assessments or insurance premiums, as the case may be, such excess shall Ue credited by the ➢'fortgagee on subsequent paytnents to be made by the Mortgagor for sucli items or, at Mortgagee's option, as trustee, ahall be refunded to b4ortgagor. If, however, such monthly payments shall not be sufficient to pay such itema vvhen the same ahnll become due and payable, then the Nfortgagor shall pay to the 1lfortgagce, as ttvstee, aqY amount necessary to make up the deficiency �vithin thirty (30 ) days after �vritten notice from • the Mortgagee stating the amount of the deficiency, which notice may be given by mail. If at any time the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, full payment of the entire indebtedness renresented thereby, the �'Iortgagee, as trustee, shall, in computing the amount of such indebtednesa, credit to the nccount of the hlortgagor any credit balance accumulated under the provisions of (a) of paragraph 2 hereof. If there shull be a default under any of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if the Mortgagee acquirea tlie property otherwise after defnult, t}ie ➢fortgngee, as trustee, shall apply, at the time of the cotnmencement of such proceedings, or at the time the property is otherwise ncquired, the amount then remaining to credit the Mortgagor under (a ) of paragruph 2 preceding, as a credit on the interest accrued and unpaid and the balance to the principsl then remnining unpaid on said note. i _ , a., - ' 4. The lien of this instrument shall remain in full force and effect during any postponement or exten- � N . sion of the time of payment of the indebtedness or any part thereof secured hereby. � • � 5. He will pay all ground rents, taxes, assessments, «�ater rAtes, and other governmental or munici- �, pal charges, fines, or impositions, levied upon said premises and that he wil] pay all taxes levied upon this r� • ��. mortgage, or the debt secured thereby, togetlier «•ith any other taxes or assessments �vhich may be levied � ; under the laws of Nebraska against the Alortgagee, or the legal holder of said principul note, on account of _ this indebtedness, except �ti•hen payment for all such items has theretofore Ueen n�ade under ( a) of plra- �� graph 2 hereof, and he will promptly deliver the oHiciul receipts therefor to the liortgagee. In default �� thereof the Mortgagee may pay the same. � , � �� <';� -.--s " �! i