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- - � <br /> 7s- t � U0349 . <br /> To HnvE nNn To HoLn the same unto the Mortgagee, as hex•ein 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 lawiul claims of all persons whomsoever. Mortgagor hereby relinquishes <br /> sll rights of homestead, all marita.l rights, either in law or in equity, and all other contingent interests of . <br /> the Mortgagor in and to the above-described premises. <br /> PxovcnEn AnwaYs, and these presents are executed and delivered upon the following conditions, to <br /> wit : <br /> Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br /> at the rate ofEight and One Ha1f per centum ( 8� % ) per annum on the uqpaid balance until paid. <br /> The said principal and interest shall be payable at the office of WESTIItN SECi1RSTIES COMPANY , <br /> in Omaha , Nebraska , or at such other place as the halder of the note may designate in <br /> writing delivered or mailed to the Mortgagor, in monthly installments of Two Hundred Forty Nine and <br /> Dollars ($ 249 . 9 3 ) , commencing on the first day of March , 1978 , and continuing on 93/ 100 <br /> the firat day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final <br /> payment of grincipal and interest shall be due and payable on the first day of February , 200 S ; all <br /> according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. <br /> The Mortgagor further agrees : <br /> 1. He 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 /> 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 and interest payabie under <br /> the terms of the note secured hereby, Mortgagor will pay to Mortgagee, as trustee, (under the terms of this <br /> truat 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 any, 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 Mor� <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 «�ill become delinquent, such sums to be held by Mortgagee <br /> in trust to pay said ground rents, premiums, taxes and specisl assessments. <br /> ( b ) The aggregate of the amounts payable pursuant to subparagraph (¢) and thoae 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 premiuma ; <br /> (II ) 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 ahall, unlesa made good <br /> by the 11�Iortgagor 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 '9ate charge" not exceed- <br /> ing four per centum (4 % ) of any install ment 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 payab]e out of the proceeds of any sale made to satisfy the indebted- <br /> ness secured hereby, unlesa such proceeds are sufficient to discharge the entire indebtedness and <br /> all proper costs and expenses secured thereby. <br /> S. If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall <br /> exceed the amount of paymenta actually made by the Mortgagee, as trustee, for ground rents, taxes and <br /> asaessmenta or insurance premiums, as the case ma.y be, such excess shall be credited by the Mortgagee <br /> on subaequent paymenta 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 shuil not be suflicient to pay such <br /> itema when the same shall become due and paysble, then the Mortgagor shall pay to the Mortgagee, as <br /> truatee, any amount necessary to make up the deficiency within thirty ( 30) days after written notice from <br /> the Mortgag�ee stating the amount of the deficiency, which notice may be given by msil. If at any time <br /> the Mortgagor ahsll 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 computing the amount of such indebtedneas, credit to the account of the Mortgagor any credit balance <br /> accumulated under the proviaions of (a) of paragraph 2 hereof. If there shall be a default under any <br /> of the proviaions af this mortgage resuiting in a public sale of the premises covered hereby, or if the <br /> Mortgagee acquires the property otherwise after default, the Mortgagee, as trustee, shail apply, at the <br /> time of the cotnmencement of auch proceedings, or at the time the property is otherwise acquired, the <br /> amount then remaining to credit the Mortgagor under (¢) of paragraph 2 preceding, as a credit on the x ' <br /> intereat accrued and unpaid and the balance to the principal then remaining unpaid on said note. <br /> 4. The lien of this instrument shall remain in full force and effect during any postponement ar exten- � `' �; . ' �;. <br /> sion of the time of payment of the indebtedness or any part thereof secured hereby. �,; t <br /> , � ;� <br /> 5. He will pay all ground rents, ta�ces, assessmenta, water rates, and other governmental or munici- - ' <br /> pal charges, fines, or impositions, levied upon said premises and that he will pay all taxes ]evied upon this � <br /> mortgage, or the debt secured thereby, together with any other taxea or assessments which may be levied ' ,,� �s <br /> under the lawa of Nebraska against the Mortgagee, or the legai holder of said principal note, on account of ' ` '"'•= " <br /> .. - . �" <br /> this indebtednesa, escept when payment for a11 such items has theretofore been made under (a) of para- " <br /> graph 2 hereoY, and he will promptly deliver the official receipta therefor to the Mortgagee. In default <br /> thereof the Mortgagee may pay the same. <br /> _ _ � <br />