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To HAVE AND To HOLD the same unto the Mortgagee, as lierein provided... Mortgagor represents to, <br />and covenants with, the' - Mortgagee, that the Moftgagor has good right to sell.and convey said premises; <br />that they are free from; encumbrance,. except as hereinotlrerwise recited;, that, the Mortgagorwill 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.iitterests, of, <br />the Mortgagor in and t6 the above-described premises. <br />PROVIDED ALWAYS,'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 of Eight &. One -Half per centum (8k %) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Banco Mortgage Company; <br />in Waterloo, Iowa , 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 Forty -Six & 11/100 <br />Dollars (p 146.11 ----},-commencing on the first day of October ,19 75 , and -continuing on <br />the first day,of each month thereafter. until said note is fully paid, e: cept.tliat,;if not sooner paid; the final <br />payment of principal and interest shall be due and payable on the first day of September, 2005 ; all <br />according to the terms of a certain promissory note:of even date lierewitli executed by the said Mortgagor.' <br />The Mortgagor further agrees: <br />1. He will pay the;indebtedness, as liereinbefoi•e provided. Privilege is reserved to prepay at any <br />time, without premiumoor 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 4principal 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 tp the ground rents, if any, next clue, plus the ?premiumgthat will next 'beeome due <br />and payabld on policies of.frre and other hazard insurance covering the mortgaged property, <br />plus taxes rind assessments next due on tite mortgaged property (all as estimated by;the Mort- <br />gagee, and of which the Mortgagor is notified) less all suns -already paid'therefor divided by <br />the irtimber:V months.to elapse before one month prior :to the date when such ground rents,' <br />premiums, taxes -and assessments will become *delinquent, such sums to be y.Mortgagee` <br />in trust to fray said ground. rents, premiums, taxes and special assessments. <br />(b) The aggregate of the amounts payable pti}•suant 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 iri;'the order stated <br />(I) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(II) interest on the note secured hereby; and <br />(III) amortization of the principal of said note. <br />Any deficieiicy in the amount of any such aggregate monthly,payment shall, unless made good <br />by the 1Mortgagor prior to the due date of the next such payment, constitute an event of default <br />under this 1hortgage. At; lMortgagee's option, Mortgagor will pay,a "late charge" not exceed <br />ing four per centum (451o).: of any install inentwhen 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 payable out of the proceeds Of airy sale made to satisfy;the.indebted-' <br />ness securefl hereby, unless such proceeds are sufficientto discharge the entire indebtedness and. <br />all proper Gosts 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 sliall `be <br />credited -by the Mortgagee <br />on subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, <br />shall be refunded to Mbrtgagor. If, however, such monthly payments sliall 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 amotint.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` tr, ustee, sliall; <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 premise's covered hereby, or if the <br />Mortgagee acquires the property otherwise after. -default, the Mortgagee, as`. trustee, shall, apply, at 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 uhpaid 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 rostponement or exten- <br />sion of the'time of payment of the indebtedness orally part thereof secured hereby. <br />5. ,He will.pay all:ground rents, taxes, assessments, water rates, and oth& governmental or Inunici- <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:maybe levied <br />under the laws of Nebraska 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 official receipts therefor• to ;the Mortgagee.': In default <br />thereof the Mortgagee may pay the same. <br />