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011077 <br />To HAVE AND To HOLD the same unto the Mortgagee, as herein provided. Mortgagor represent . s 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 encumbrance, except as hereinotherwise recit * ed; that the Mortgagor will warrant <br />and defend <br />thesame againsttlie lawful clainisof all persons whomsoever. Alortgagorlierebyreliiiqtiislies <br />all rights of homestead, all -marital riglits,-eitlier 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 />111ortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of eight and one-half per centum ( 8 <br />.5 �'o') per annum on the unpaid balance until paid. <br />The said I)rincil)alindiiiterestsliallbepayibleattlie office of First Federal Savings and Loan <br />Assmafif( o inc <br />er <br />I noyln <br />in Lincoln or at such other pld6e as - ie io oi e e may designate ill <br />writing delivered or mailed to the.Kortgagor, in monthly installments of Seventy-eight and 81/100 ---- <br />Dollars ($ 79.81 ), commencing on the first day of January , 19 76 , 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 payi1ble oil the first (lay of Dedember .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 lierehibefore 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 />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 ai�d 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 />Mort <br />plus taxes and assessments hext due oil the mortgaged property (all as estimated by the I - <br />gagee, and of which the Morfgagol- is notified) less all 'sums already paid therefor divided by <br />the number of months to elapse before one mouth prior to the date when such ground rents, <br />premiums, taxes and assessments will become delinquent, such sums to be held by Mortgagee <br />intrust 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 oil the <br />note secured hereby, shall be paid in a single payment each inontli, to be applied to the follow- <br />ing items in the order stated: <br />(I) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(II) interest oil the note secured hereby; and <br />(III) amortization of the principal of said note. <br />Any deficiency in the aniount of any such aggregate monthly payment shall, unless made good <br />by the 111 ortgagor prior to the due (late 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 installment when. 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 any sale inade to satisfy the indebted - <br />n . ess secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and <br />all proper costs and expense.s secured thereby. <br />3. If the total of the payments made by the Mortgagor under (a) of paragraph 2 prece:diiig 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 6.xcess 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 rdfunded 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, ai;ly 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 phyment of the entire indebtedness represented th.ereby, 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, 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 impositions, levied upon said premises and that lie 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 tli6 legal holder of said principal note, on account of <br />this indebtedness, except when payment for all such items has theretofore been made unddr (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 />