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oil 9 - <br />To HAVE AND To HOLD the same unto the Mortg . agee,'as herein provided. Mortgagor represents to, <br />and covenants with', tile Mortgagee, that'the Mortgagor has good right to sell and,convey said premises; <br />ant <br />that they. are free from encumbrance, except as licreinotherwise recited; that the Mortgagor will Nvarr, <br />and defend the same against the lawful claimsof all persons whonisoever. Alortgagorlierebyreliiiqtiislies <br />all rights *of homestead, all marital rights, either in law or in equity, and all other contingent interests of <br />tile 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 tothe Mortgagee, or order, the aforesaid principal sum Nvith. interest from date <br />at the rate of nine per centum ( 9 . 0 %) pgr apnt n <br />ehon the unpaid balance until paid. <br />'irs Ile eral Savings and Loan <br />The said principal and interest shall be payable at the office of Association of incoln <br />in Lincoln or at such other place as the holder of tile note may designate in <br />writing deliv6red or mailed to the AlIortga(y'or, in monthly installments of One Hundred Ninety-seven and 14 <br />Dollars ($ 197.14 commencing on the first day of January 1976 , and continuing oil <br />the first day of each month thereafter until said noteis fully paid, except that, if not sooner paid, the final <br />paymentof principaland interestsliall be dueand payable oil the first day Of December 2005 ;aII <br />according to the terms of �a certain promissory note of even date herewith executed by the said Mortgagor. <br />The Mortgagor f u rther agrees: <br />1. He will pay the indebtedness, as liereinbefore provided. Privilege is reserved to prepay at any. <br />time, without premiuln or fee, the entire indebtedness or ally part thereof not le ' ss 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 datd 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 />tile 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 untif said note is fully paid - <br />(a) A sum equal to the ground rents, if any, next due, plus tli'e 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 propei�ty (all as estimated by the Mort- <br />gagee, and of which the M6rtgagor 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 beconie delinquent, such sums to be held by Mortgagee <br />in trust to pay said ground rents, premiums, taxes and special assess m�eiits. <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 />(I) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(Ii) iiiterestoiitlieiiotesectire(Iliereby;,iiid <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 k1ortgagor prior to the due (late of tile next such payment, constitute an event of default <br />under this mortgage. At Mortgagee's option,'INIortgagor will pay I "late charge" not exc6ed- <br />ingfour percentuni (4011o) of any installment when paid more than fifteen (15) days after the <br />due date thereof to cover the extra expense involved in liandling'delinquent payments, 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 proper costs and expense's 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 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 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 1M.Ortgagor shall pay to the Mortgagee, as <br />trustee, any amount necessary to make'up the deficiency within,thirty (30) daysafter 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 piIyment of the entire indebtedness represented thereby, the 41ortgagee, 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 unde'r 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 he will pay all taxes levied upon this <br />mortgage, or the debt secured ti.iereby, together with any other taxes or assessments which may be levied <br />under the laws of NeVraska against the Mortgagee, or the legal holder of said principal note,. on account of <br />this indebtedness, except when payment for all such itdms 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 />