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� � 78--U 016 4 '� � � � TO HAVE AND TO HOLD the same ur3to t}le Mortgagee, as herein pi•ovided. Mortgagor represents to, . . � . �� „ and covenants with, the Mortgagee, that the Mortgagor has goad right to sell and convey said premises ; that they are free from encumbrance; except as hereinotherwise recited ; that the Mortgagor will warrant and defend the stxme against the la�vful clnims of all persons whomsoever. Mortgagor hereby relinquishes t all rights of homestead; all inarital rights; either in la�v or in equity, aY�d all other contingent interests of ;' the Mortgagor in and to Lhe above-de�cribed premises. ' PRov�Fn ALwAYs, and thesepresents are executed and delivered upon the following conditions, to wit: , , � l�iortgagor agrees to pay to tite Mortgagee, or order, the aforesaid principal sum with interest from date 4 at the rate of eight and one half per centum ( 8 . 5 % ) per num he �� u�p�id }�alance u$t�i paid. I The said principal and interest shall be payable nt the ofiice of r$ t �e era av ngs an oan , Asaociat3on of Lincoln in Lincoln , Nebraska , or at such other place as the holder of the note may designate in writing delivered or mailed to tiie Mortgagor, in monthly installments of THREE HIINDRED TWENTY EZGHT AND 7 �60 Dollars ($ 328 . 71 ) , commencing on the first day of May , 19 78 , and continuing on , the firat day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final payment of principal and interest shap be due and payable on the first day of Apri1 2008 ; all secording to the terms of a certain promissory note of even date here«�ith executed by the said Mortgagor. The Mortgagor further agrees : 1. He will pay the indebtedness, as hereinbefm•e provided. Privilege is reserved to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars ($100.00) , whichever is less. Prepayment in full shall be credited on the date received. Partisl prepayment, other than on an installment due date, need not be credited until the next following installment 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, Mortgagvr will pay to Mortgagee, as trustee, (under the terms of this truat as hereinafter atated) on the ftrat 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 tl�at will next become due and payable on policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property ( all as estimated by the Mort- ' gagee, and of �vhich the Mortgagor is notified ) less all sums alx•eady paid therefor divided by . the number of months to elapse before one month prior to the date when such ground rents, premiums, taxes and assessments well become delinquent, such sums to be held by Mortgagee in trust to pay said gi•ound rents, premiums, taxes and special assessments. ( b) The aggregate of the amounts payable pursuant to subparagraph (d) and those payable on the note secured hereby, shali be paid in a single payment each mo»th, to be applied to the follow- ing items in the order stated : ( t ) ground rents, tAxes, assessments, fire and other hazard insurance premiuma ; ; ( II) interest on the note secured hereby ; and � . � � � (tii) amortization of the principal of said note. ` • Any deficiency in the amount of any such aggregate monthty payment shall, unless made good by the Mortgagor prior to the due date of the next such payment, constitute an event of default under this mortgage. At Mortgagee's option, biortgagor will pay a "late charge" not eicceed- ing four per centum (4 % ) of any install ment when paid more than fifteen ( 15 ) days after the due date thex•eof to cover the extra expense involved in handling delinquent payments, but such '9ate charge" shall not be payable out of the proceeds of any sale made to satisfy the indebted- ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall exceed the amount of payatents actuslly made by the Mortgagee, as trustee, for ground rents, taxes and assessments or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee on subaequeat payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, ahall be ;efunded to Mortgagor. If, however, such monthly payments shall not be sufficient to pay such items when the same ahall become due and payable, then the Mortgagor shall pay to the Mortgagee, as truatee, any amount necessary to make up the deficiency within thirty (30) days after written notice from the Mortgag�ee 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 represented thereby; the Mortgagee, as trustee, shall, in computing the amount of such indebtedness, credit to the account of the Mortgagor any credit balance accumulated under the provisions of (¢) of paragraph 2 hereof. If there shall 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 the property otherwise after default, the Mortgagee, as trustee, shall apply, at the time: of the commencement of such proeeedings, or at the time the property is otherwise acquired, the amount then remaining to credit the Mortgagor under (a) of para.graph 2 preceding, as a credit on the inteiest'accrued and unpaid and the balance to the principal then remaining unpaid on said note: ""`�'' ` + . . . . . 4. } f�.. 4. The lien of this instrument shall remain in full force and effect during any postponement or eicten- + •' ��; ; sion of the time of payment of the indebtedness or any part thereof secured hereby. � � _ �a ., . ... , � 5. He will pay' ail ground rents, taxes, assessments, water rates, and other governmental or munici- f pal cha.rges; 'fines, or impositions, levied upon said premises and that he will pay all taxes levied upon this � - �� 'a �• � mortgage, or: the debE secured thereby, together with any other taxes or assessments which may be levied h ,�;-;. ,,,, ,��.� ' under£he laws of Nebraska against the Mortgagee, or the legal holder of said principal note, on account of thiswindebtedness, ,except when payment for all such itema has theretofore been made under (a) of para- graph 2 hereof, and he will promptly deliver the official receipts therefor to the Mortgagee. In default thereof the Mortgagee may pay the same. - �