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00940 <br />To HAVE AND To HOLD the same unto the M )rtgagee, as herein provided. ',Mortgagor represents to, <br />and covenants with,. the Mortgagee, that the Mo �tgagor has good right to sell and convey said.piemises; <br />that they are free from eiicufnbrance, except as �zereinotherwise recited; that the Mortgagor will warrant <br />and defend the same against the lawful claims of ill persons whomsoever. Mortgagor hereby ielznquisiles <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 e. �ecuted and delivered upon the following conditions, to <br />wit <br />Mortgagor agrees to pay to the Mortgagee, or Iorder, the aforesaid principal sum with interest from date <br />at the rate of eight and' one half per centlzm '( g• 5'o) per annum on d4unpiid balance'until paid. <br />The said principal and interest shall be payable at tlle,omce of . Fir.st Federal: Savings and 'Loan` . <br />Ass c'att on f£ Li Coln <br />in Lincoln , or at ucll other place as tpie'11olc er of the note may designate in <br />writing delivered or'mailed to the Mortgagor, in Monthly installments of One Hundred Six acid 88/100 <br />Dollars($ 106.88 ); commencing on the firsh day of Odnber i9 75, and continuing on <br />the first day of each month thereafter until saidote 'is fully paid, except that, Minot sooner paid,, the final <br />payment of principal and interest shall lie due and payable on the first day of September '2005; all <br />according to the terms of'a certain promissory •zic to of even elate herewith executed by the said Mortgagor. <br />The Mortgagor further agrees: <br />1. He will pay the indebtedness, as lier6inbej ore provided. Privilege is reserved to prepay,,: at any <br />time, without. premium or fee, the entire indebt dness or any part thereof not less than the amount -of one <br />installment, or one hundred dollars ($100.00), rhichever is -less. Prepayment in full shall be credited on <br />the date received. Partial prepayment,, other tha i on an installmentdue date, need not be credited until <br />the next following installment due date or thirty �ays after such prepayment, whichever is earlier'.:. <br />2. Together with, and in addition to, -the mo lthly payments of principal and interest payable under <br />the terms of the note secured hereby, Mortgagor Mill pay to Mortgagee; as trustee, (under the terms of this <br />trust as hereinafter stated) on the first day of e, ch month until said ilote':is fully paid <br />(a) A sum equal to the ground rents, if any, ext due, plus the premiums that will next become due <br />and payable on policies of -fire and otl er hazard insurance !covering `the mortgaged property, <br />plus taxes and assessments next due n the mortgaged property (all as estimated by the Mort= <br />gagee, and of -which the Mortgagor• is i otifzed) less all sums already paid therefor 'divided by <br />tlle'lltmlber of;months to elapse befor( oil e month prior --to ythe'date when such grorind rents, <br />premiums, taxes and assessments wil become delinquent, such sums to be held by _-Mortgagee <br />in trust to pay said ground rents, pro iiiunis, taxes anti special assessments. <br />(b) The aggregate'of the amounts payable 1)ursiiazlt to subparagraph (a) and those payable on the <br />note secured Hereby, shall be paid in a single payment each Imoiltll,,to be applied to thefollow- <br />ing items in fire order stated: <br />i <br />(I) grouild rents, taxes, assessnte 1t$,.:fire and other hazard insurance premiums-. <br />(II) interest oil the Mote Secured 11 reby; and <br />(III) amortization of the principal of -said note. <br />Any deficiency in the amount of any s tcll:aggr•egate monthly payment shall, finless made good <br />by the Mortgagor prior to the clue dat : of the next such payment, constitute an event.of default ' <br />under this mortgage. At Mortgagee ls option, Mortgagor will pay a'"late charge" riot exceed- <br />ing four: per centum (4%). of any hisall�nlent «Alen paid'',niore-than fifteen (15) daysafter the <br />due elate thereof to cover tile extra ex ense involved in handling delinquent payments; but such <br />"late.cllarge"'Shall not be payable out of ;the proceeds of any sale made to satisfy the indebted- <br />ness secured hereby, unless such proc ds' -are sufficient to discharge the entire indebtedness and <br />all proper costs and expenses secured thereby. i <br />3. If the total of the payments mane by th ( Mortgagor under' (a) of paragraph 2 preceding shall <br />exceed the amount of payments actually made byl the Mortgagee, as trustee, foi ground rents, taxes and <br />assessments or insurance premiums, as. the case may be, such excess shall'be' credited by tile' Mortgagee <br />on subsequent payments to be made by the Mortg Igor for such items:or, at Mortgagee's option, as: trustee, <br />shall be refunded to Moo gor. If, however, such monthly payments shall not be sufficient to' pay such <br />items when the same sh4ll become due and pay�Iid <br />1e, then the Mortgagor shall, 'Pay to the Mortgagee, as <br />trustee, any amount necessary to make up the de jj ney within thirty (30) days'!after written 'notice from <br />the Mortgagee stating the amount of the defzciei',icy, 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 indebtednes represented thereby, the Mortgagee, as trustee, shall, <br />in computing the amount of such indebtedness, cjredit 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 public sale of the premises covered hereby;or if the <br />Mortgagee acquires the property otherwise afte default, the Mortgagee; as #ustee, shall apply, at the <br />time of the commencement of such proceedings, or at the time the �pioperty: 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 tl 'e principal then: remaining unpaid on said note. <br />4. The'lien of this instrument shall remain ir full 'force and effect during any postponement or exten- <br />Sion of the time of payment of the indebtedness o any part thereof secured hereby. <br />5. He.will pay. all ground rents, taxes, assessments,. water rates, and other' kovernmentaf or'munici- <br />pal charges, fines, or impositions, levied upon sai& premises and that he; will pay. all taxes levied upon this <br />mortgage, or the debt secured thereby, together N� ztl any other taxes or assessments which maybe levied <br />under the laws of Nebraslt•a against the Mortgagee or.the legal holder of said principal note, on: account of <br />this indebtedness, •except when payment for all si ich items has theretofore been; made under (:a) of para- <br />graph 2 hereof, and'.he will promptly deliver the sfi7cial receipts therefor to. the Mortgagee ;.In default <br />thereof the Mortgagee may pay the same. I <br />17 : <br />s <br />