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009962 <br />To HAVE AND To HOLD the same unto the Mortgagee, as herein provided. Mortgagor represents to, <br />and covOhnts with, the Mortgagee, that the Mortgagor has goo ' d right to sell and convey said premises; <br />that they ire f ree f rom encumbrance, except as hereinotherwise.recited; that the Mortgagor will warrant <br />'in(l(le.feii(ittiesaiiieagaiiisttlielaNvflilcl,titiisofai'll)ersoiisNN,Iibiiisoever. 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 />Mortgagor agrees to pay to the Mortgagee, or order, theafor6said principal sum with interest from date <br />0 <br />at the rate of eight and One-half per centunt ( 8 .5 �' ) pdr. annum on the unpaid balance until paid. <br />The said principaland interest shall be payable at the office of First Federal Savings and Loan <br />Asso <br />in Lincoln or at such other place as Tilicalilofflero-ok- tElennM- A ay designate in <br />writing delivered or mailed to the Aklortga.(ror, in monthly installments of One Hundred Thirty-four and 56 <br />Dollars ($ 134-56 ), commencing oil the first day of November 19 75, and continuing oil <br />the first day of each month thereafter,until said note is fully paid,,e'xcel)t that, if not sooner paid, the final <br />payment of principaland interest shall lie due and payable oil the first day of :October 2005 ; all <br />according to the terms of a certain promissory note of even (late herewith executed by the said Mortgagor. <br />The Mortgagor further agrees: <br />1. He will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any <br />time, without premium or 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 />Che next following installment due date or thirty days after such pr*epayment, whichever is earli.er. <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, (tinder 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 rent�, if any, next due, plus the premiums that will next become due <br />and payable oil policies of fire and other. hazard insurance covering the mortgaged property, <br />plus taxes and assessments next due oil the mortgaged property (all as estimatedby 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 ,vill 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 aggregate of the aniounts payable pursuant to subparagraph (a) and those payable on the <br />note secured liereby, shall be paid in a single payment each month, to be applied -to the follow- <br />ing iterns in the order stated: <br />(1) ground rents, ta%es, assessments, fire and other hazard insurance premiums; <br />(11) interest Oil the note secured hereby; and <br />(III) aniortization of the principal of said note. <br />Any deficiency in the aniount of in,), such aggregate monthly payment shall, unless made good <br />by the 111ortgagor prior to the due (late of the next such payment, constitutean event of default <br />under this mortgage. At Mortgagee's option, IVIortgagor will pay a "late chargeif not exc*eed- <br />ing four per centunt (4r/'O) of any install ment when paid more than fifteen (15) days after the <br />due date thereof to cover the extra expense involved in handlingdelitiquent payments, butsuch. <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 tinder (a) of paragraph 2 preceding shall <br />exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes all(]. <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 option, as trustee, <br />shall be refunded to INfortgagor. 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 noticemay 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 indebiedness, 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 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 will pay all ground rents, taxes, assessments, water rates, and other governmental or munici- <br />pal charges,. fines, or impogitions, levied upon said preinises 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 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 lie will promptly deliver the official receipts therefor to the Mortgagee. In default <br />thereof the Mortgagee may pay the same. <br />