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� � i <br />�� 78 - U00183 <br /> � <br />��� TO HAVE AND TO HOLD the same «ttto the hfortga{;ee, ns lierein pt�ovided. Diartgagor represents to, <br /> and covenants with, thc l�fortgagee, that the ltortgagor has good right to sell and convey said premises ; <br /> that they are free from encumbrance, excepC ns hereinoCher«�ise recited ; that tlie hfortgagor 1�•�ll �vacr:uit <br />;; `� and defend the same against the la�sful claims of nll persons whomsocvcr. Diortgagor hereby rclinquishes <br /> � I all rights of }tomestend, nll maritnl riglits, cithcr in In�v or in equit�•, .uid all other contingent intcrests of <br /> ; <br /> the llortgagor in und to the abo��e•desccibed premises. <br /> t YROVIDED AL\VAYS, and theSe hresents nre executed and delivered upon the follo�ving conditions, to <br /> 7. wit : <br /> � 1 Diortgagor agrees to pay to the \Iortg.igee, or ordm•, the aforesaid principal sum �vith interest from date <br /> at the rate of eight and one half per centum ( 8 . 5 /o ) p�i' un�u�p �n th� ug��a[d balanc� u��lil paid. <br /> The snid principul and interest shall be payable nt the o(Gce of lrs e era vings an oan <br /> in Lincoln Nebraska Associ tion of Lin oln <br /> , , or �t sucli other pince as the �iolder of t►ie no�e mny designate in <br /> writing delivered or mniled to the ,llortgagor, in monChly installments of TIdO }iUNDRED fORTY FOUR AND S 1/ 100 <br /> Dollnrs ($ 244 . 51 ) , commencing on the first day of I'ebruary , 19 78 , and continuing on <br /> the first day of ench montli tliereaftei• until saicl note is fully paid, exce��t tliat, if not sooner paid, U�e finail <br /> pnyment of principal and inlerest shull be due :�nd pnynble on the first day of danuary 2008 ; ail <br /> nccording to the terms of a certain promissory note of e�•en dnte here��•ith executed Uy the snid 1lortgugm•. <br /> The Mortgagorfurther agrees : <br /> ' 1. He �vill pny the indebtedness, as hercinbeforc provided. Privilege is reserred to prepay at any <br /> time, �vithout premitmi or fce, the entire indebtedness or an�• part thereof not less thnn the amount of one <br /> _ instullment, or one hundred dollars ($100.00) , whichever is less. Prepayment in full shall be credited on <br /> 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 /> 2. Together with, and in addition to, the monthly payments of principal 1nd interest payable imder <br /> the terms of the note secured hereby, 1lortgagor �sill pay to blortgagee, as trttstee, ( under the terms of this <br /> tivst ns hereinafter stated ) on the first day of each mmith until said note is fully paid : <br /> (a) A sum equnl to the ground rents, if auy, next due, plus the premiums that ���ill next become due <br /> aud pnyable on policies of fire and other haznrd insw•ance co��ering the mortgaged property, <br /> plus tnxes t�nd assessments next duc on the mortgnged property ( all as estimated by the \fort- <br /> gugee, nnd of �chich the ,liortgagor is notified ) Iess all sums already paid therefor dicided by <br /> the number of months to elapse before one month prior to the date «•hen such ground rents, <br /> premiums, taxes ancl assessments ��•ill become delinyuent, such sums to be held by biortg�gee <br /> in trust to pay said grouud renfs, preroiums, taxes and special assessments. <br /> ( b) The aggregate of tihe amounts pa�•aUle pursuzut lo subparagrapli (a) and tliose payable on tlie <br /> note sectu�ed hei•eby, shail be paid in tt single pn�•meiit each month, to Ue applied to the follow- <br /> ing items in the order stated : <br /> ( [ ) ground rents, taxes, assessments, firc and other hazard insurance premiums ; <br /> (n ) interest on tlte note securcd hereU�; and <br /> ( I[[ ) amortization of the principnl of snid note. <br /> Any deficiency in the amount of an�• such aggregate monthl�� payment shall, unless m�de good <br /> by the \Iortgagor prior to the due date of the nest such payment, constitute an event of default <br /> under this mortgage. At ,llortgagce's oplion, .11ortgngor u�ill pa�• n "late charge" not exceed- <br /> ing four per centum ( �lq'o ) of anp installment ��•l�en paid moce thnu fifteen ( 15 ) days after the <br /> due dnte thereof to co�•er the extra expeuse ineoleed in handling deliuquent payments, but such <br /> '9ute charge" shall not be payaUle out of the pr�cecds of auy sale made to sntisfy the indebted- <br /> ness sectu•ed hereby, wiless such proceeds .u•e suflicient to discliarge lhe entire indeUtedness and <br /> all proper costs and expenses sectu•ed thcreby. <br /> ' 3. IF the total of the payments made by the �fortgagor under (a) of paragraph 2 preceding shall <br /> exceed the amount of pnyments actullly made by the �fortgagee, as trustee, for ground rents, tases and <br /> assessments or insurunce premiums, as the case muy Ix, such excess shall Ue credited Uy thc 1lortgagce <br /> on subsequent payments to be made Uy the liortgngor for sudi itenu or, ;it Diortgagee's option, as trustce, <br /> shall be refunded to 1lortgagor. If, ho�vever, such monthly payments shnll not be sufl'icient to pny such <br /> items when the snme shall become due and payable, then tlte \Iortgagor shall pny to the lfortgngec, ns <br /> ; trustee, nny amount necesslry to mnke up the deficiency ���ithin thirty (30) daps nftcr �eritten notice from <br /> the Mortgagee atuting the amount of the deficiency, which notice may be given by mniL If at any time <br /> the 11Sortgngor ehall tender to the Blortgagee, in uccordance ��•ith fhe provisions of tl�e note secured <br /> � ' hereby, full puyment of the entire indeUteclness represented lhereU��, the .lta•tgagee, as trustec, shall, <br /> r ' in computing the amount of such indebtedness, credit to the account of the \fortgagor any credit U11Ance <br />� � ; i accumulated under the rovisions of a of <br /> p O paragrfipli 2 hereof. If there shnll be a def.iult undec any <br /> of the provisions of tl�is mortgage resulting in fl public sale of thc premises co��ered hereUy, or if the <br /> Diortgngee acquires the property otherwise after default, thc ,liortgagee, as trustee, sha11 apply, at the <br /> time of the commencement of such proceedings, or at tlie time the property is other��•ise ncquired, tlie <br />' " ' ' nmount then remainin to credit the Biort a or under (a) of pnragrnph 2 precedin , ns a credit on the �. <br /> S SS g .-• � - _r� :. <br /> interest accrued nnd unpaid and the balnnce to the principal then remaining unpaid on said note. ' - .. N :� <br /> ,;.: , <br />� ` ; 4. The lien of this instrument shall remain iu full force and efFect during any postponement or exten- � � ' <br /> sion of the time of payment of the indeUteclness or any part thei•eof secured liereb3�. a : <br />:''� • 5. He �t�ill pay all ground rents, tnxes, assessments, u•ater rates, and other govei•nmental or munici- � � <br />� pal charges, fines, or impositions, levied unon said premises nnd that he will pn}• :ill taxes le��ied upon this . � <br />,.i-x'.� mortgnge, or the deUt secw•ed thereUy, together «�ith any other tnses or assessments n�hich may be leeied <br /> s� , under the inws oF Nebrnskn aguinst the ,llortgagee, or the legal holder of snid principnl notc, on account of � <br />` this indebtedness, except ���hen payment for nll such items lins theretofore Ueem m�de w�der ( a ) of pnrn- <br />� graph 2 hereof, and he «•ill promptly deliver the oflicinl receipts therefor to the �[ortgagec. In defuult <br />"-= thereof the hlortgageamay pay the same. ' � <br />_�,. . � <br />;� <br />�:;: <br />-�:; <br />`�` <br />