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To HAVE Arra TO HOLD 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 eiicumbrance, except as liereinotherwise 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 />PROVIDED ALWAYS, and these presents are executed and delivered upon the following, conditions, to <br />wit <br />Mortgaggoragrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of Eight per centum ( 8 %) per, annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Western Securities Company <br />in Omaha, Nebraska or at such other place as the holder of the note may designate in <br />writing delivered or mailed to the Mortgagor, in, monthly installments of One Hundred Thirty Nine & 46/100--- <br />Dollars ($ 139.46 ); commencing on the first day of May , 1975 , 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 clay of April, 2005 ; 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 liereinbefore provided. Privilege is reserved to prepay at any <br />time, without premium Jr 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 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 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'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 (late, 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'aggregateof 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 />(1) ground rents, taxes, assessments, fire and other liazard insurance premiums; <br />(11) interest on the note secured hereby; and <br />(111) 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 tliis.mortgage. At'Mortgagee's option, 1Iortgagor will pay a "late charge" not.exceed- . <br />ing four per centum(4%) of any installment when paid more than fifteen (15) days afterthe <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 subsequentpayments 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 computing 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, aC 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 />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 i�,ill:.pay all`groiuid 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 Nebraslca 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 ofTicial receipts therefor to tlie. Mortgagee. In default <br />thereof the Mortgagee may pay the same: <br />