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200007576 <br />TO HAVE AND TO HOLD the same unto the Mortgagee, as herein provided. Mortgagor represents to, and covenants with, the <br />Mortgagee, that the Mortgagor has good right to sell and convey said premises; that they are free from encumbrance, except as herein <br />otherwise recited; that the Mortgagor will warrant and defend the same against the lawful claims of all persons whomsoever. Mortgagor <br />hereby relinquishes all rights of homestead, all marital rights, either in law or in equity, and all other contingent interests of the <br />Mortgagor in and to the above - described premises. <br />PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, to wit: <br />Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date at the rate of Eight <br />percentum (8.000 %) per annum on the unpaid balance until paid. The said principal and interest shall be payable at the office of the <br />Loan Guaranty Officer, Department of Veterans Affairs Regional Office, Lincoln, Nebraska, or at such other place as the holder of the <br />note may designate in writing delivered or mailed to the Mortgagor, in monthly installments of One Hundred Fifty-Eight and 49/100 <br />Dollars ($158.49), commencing on the first day of November, 2000; and continuing on the first day of each month thereafter until said <br />note is fully paid, except that, if not sooner paid, the final payment of principal and interest shall be due and payable on the first day of <br />October, 2030; all 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 /she will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any time, without premium or <br />fee, the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars ($100.00), <br />whichever is less. Prepayment in full shall be credited on the date received. Partial prepayment, other than on an installment due date, <br />need not be credited until 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 the terms of the note secured <br />hereby, Mortgagor will pay to Mortgagee, as trustee (under the terms of this trust as hereinafter stated) on the installment due date of <br />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 and payable on policies of fire <br />and other hazard insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property <br />(all as estimated by the Mortgagee, and of which the Mortgagor is notified) less all sums already paid therefor divided by the <br />number of months to elapse before one month prior to the date when such ground rents, premiums, taxes and assessments will <br />become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents, premiums, taxes and special <br />assessments. <br />(b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable on the note secured hereby, shall be <br />paid in a single payment each month. to be applied to the following items in the order stated: <br />(I) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(II) interest 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 by the Mortgagor prior to the due <br />date of the next such payment, constitute an event of default under this mortgage. At Mortgagee's option, Mortgagor will pay a <br />"late charge" not exceeding four percentum (4 %) of any installment when paid more than fifteen (15) days after the due date <br />thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of <br />the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the <br />entire indebtedness and all proper costs and expenses secured hereby. <br />3. If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall exceed the amount of payments <br />actually made by the Mortgagee as trustee for ground rents, taxes and assessments or insurance premiums, as the case may be, such <br />excess shall be credited by the Mortgagee on subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's <br />option, shall be refunded to Mortgagor. If, however, such monthly payments shall not be sufficient to pay such items when t ^c same <br />shall become due and payable, then the Mortgagor shall pay to the Mortgagee as trustee any amount necessary to make up the <br />deficiency within thirty (30) days after written notice from the Mortgagee stating the amount of the deficiency, which notice may be <br />given by mail. If at any time the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, <br />full payment of the entire indebtedness represented thereby, the Mortgagee as trustee shall, in computing the amount of such <br />indebtedness, credit to the account of the Mortgagor any erelitibalance accumulated under the provisions of (a) of paragraph 2 hereof. <br />If there shall be a default under any of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if <br />the Mortgagee acquires the property otherwise after default, the Mortgagee shall apply, at the time of the commencement of such <br />proceedings, or at the time the property is otherwise acquired, the amount then remaining to credit of Mortgagor under (a) of paragraph <br />2 preceding, as a credit on the interest accrued and unpaid and the balance to the principal the remaining unpaid on said note. <br />4. The lien of this instrument shall remain in full force and effect during any postponement or extension of the time payment of <br />the indebtedness or any part thereof secured hereby. <br />5. He /she will pay all ground rents, taxes, assessments, water rates, and other governmental or municipal charges, fines, or <br />impositions, levied upon said premises and that 1)e /she will pay all taxes levied upon this mortgage, or the debt secured thereby, <br />together with any other taxes or assessments which may be levied under the laws of Nebraska against the Mortgagee, or the legal <br />holder of said principal note, on account of this indebtedness, except w hen payment for all such items has theretofore been made under <br />(a) of paragraph 2 hereof, and he /she will promptly deliver the official receipts therefor to the Mortgagee. In default thereof the <br />Mortgagee may pay the same. <br />