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To HAVE AND To HOLD the same unto the Mortgagee, as herein provided. Mortgagor r . epresei . its to, <br />and covenants with, the Mortgagee, that the Mortgagor has good �iglit to sell and convey said premises; <br />that they are free from encumbrance, except as liereinotherwise recited; that the MortgagoriVill warrant <br />and defend'thesame againsithe lawful'claimsof 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-de'scribed premises. <br />PROVIDED ALWAYs, and these presents are executed and delivered upon the following -conditions, to <br />wit: <br />111ortgagor agrees to pay to the.Mortgagee, or order, theaforesaid principal sum with interest from (late <br />at the rate,of Nine per centum 9 - 17o) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of �dnco Mortgage Company - <br />in Waterloo, Iowa , or -it such other place as the holder of the note-mayf designate in <br />writing delivered or mailed to the Mortga( gor, in monthly installments of One Hundred Nin6ty-Seven & 23/.100 <br />Dollars ($ 197.23-­� ), commencing on the first day of November 19 75 , 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 day of October,*2005 all <br />according.to tile ternis 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 lici-einbefore provided. Privilege is reserved to prepay at any <br />time, without premium or fee, the entire indebtedness or any part thereof not less thai.ithe 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 tile ground rents, if any, next due, plus the premiums that will next' b ecome due <br />and, payable on policies of fire and other hazard insurance covering the mortgag��d property, <br />plus taxes and assessments next due on the mortgaged property (all as estimated by the Mort- <br />gagee, and of which the 111ortgagor 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 will become delinquent, such sums to be heldby Mortgagee <br />in trust to pay said ground rents, premiums, taxes and special assessments. <br />(b) The aggregate of 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 hazard insurance premiums; <br />(II) -intel ' -est 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 shall, unless made good <br />by the 11fortgagor 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 "late charge" not exceed- <br />ing four per centum (4%) of any install inent when paid more than fifteen (15) d , ays after the <br />due date thereof to cover the extra expense involved in handling delinquent paymq'nts, 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 propdr 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, taxe s an . d <br />assessments or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee <br />on subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's opticin, as trustee, <br />shall be refunded to Mortgagor. If, however, such monthly payments shall not be sufficient to i 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,'slia'll, <br />In computing the amou n�t 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, at tile <br />time of the commencement of such proceedings, or at the time the property is otherwise acquired, the <br />am ount then remaining to credit the Mortgagor under (a) of paragraph 2 preceding, asa'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 effeet'during any Vostponement or exten- <br />sion of theii-time-of paymentof the indebtedness or any part thereof secured hereby. <br />5. He'will pay all ground rents, taxes, assessin. . ents, water rates, and othei� governmental or munici- <br />pal charges, fines, or impositions, levied upon said premises . and that he will pay. all taxes levied upo� this <br />mortgaige, -or the debt secured thereby, together with any other taxes or' assessments which may -be levied <br />under the laws of Nebrdska 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 her6oi, ind he will promptly deliver the official -,receipts therefor to the Mortgagee. In default <br />tfi�reof the Mortgagee may pay the same. <br />