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<br />88-105772 <br /> <br />To HAVE A;\IO To HOLD the same unlo the Mortgagee, as herein provided. Mortgagor represents to, nnd <br />covenants whh, the Mortgagee. that the Mortgagor has good right to sell and convey said premlses~ that they <br />ofe free from encumbrance, except as hereinothcrwise recited; that the Mortgagor will warrant and defend the <br />same against the lawful claims of all persons whomsoever. Mortgagor hereby relinquishes all rights of homestead, <br />all marhal rights, either in law or in equhy, and all other contingent interests of the Mortgagor in and to the <br />ahove-described premises. <br />PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions. to <br />wit: <br /> <br />r <br /> <br />Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of ELEVEN AND 00/100 per centum (11.000 "I.) <br />per annum on the unpaid balance until paid. The said principal and interest shall be payable at the office of <br />HOMESTEAD SAVINGS, 979 BROADWAY <br />in MILLBRAE, CA 94030 ,or at such other place as the holder of the note may designate in <br />writing delivered or mailed to the Mongagor, in monthly installments of <br />FIVE BUNDRED FORTY-SIX AND 35/100. ******************************* <br /> <br />L <br /> <br />Dollars ($ 546.35 ), commencing on the first day of NCN EMBER , 1988 , <br />and continuing on the first day of each month thereafter until said note is fully paid, except that, if not sooner <br />paid, the final payment of principal and interest shall be due and payable on the first day of <br />OCTOBER 2018 ; all a;:cording to the terms of a certain promissory note of even <br />date herewith e.ecuted by the said Mongagor. <br />The Mongagor further agrces: <br /> <br />I. He/she will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any time, <br />without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, <br />or one hundred dollars ($100.00), whichever is less. Prepayment in full shall be credited on the date received. <br />Partial prepayment, other than on an installment due date, need not he credited until the ne.t following install- <br />ment due date or thirty days after such prepayment, whichever is earlier. <br /> <br />2. Together with, and in addition to, the monthly payments of principal and interest payable under the terms <br />of the note secured hereby, Mongagor will pay to Mortgagee, as trustee, (under the terms of this trust as hereinalter <br />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, ne.t due, plus the premiums that will ne.t become due and <br />payable on policies of fire and other hazard insurance covcring the mongaged propeny, plus taxes <br />and assessments ncxt due on the mortgaged property (all as estimated hy the Mortgagee, and of which <br />the Mortgagor is notified) less all sums already paid therefor divided by the number of months to <br />elapse before one month prior to the date when such ground rents, premiums, taxes and assessments <br />will become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents, premiums, <br />taxes and special assessments. <br />(b) The aggr:gate of the amounts payable pursuant to subparagraph (a) and those payable on the note <br />secured hereby, shall be paid in a single payment each month, to be applied to the following items <br />in the order stated: <br /> <br />(I) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(11) interest on the note secured hereby; and <br />(III) amonization of the principal of said note. <br /> <br />Any deficiency in the amount of any such aggregate monthly payment shall, unless made good by <br />the Mortgagor prior to the due date of the next such payment, constitute an event of default under <br />tltis mortgage. At Mortgagee"s option, Mortgagor will pay a Ulate charge" not exceeding four per <br />centum (4"10) of any installment when paid more than fifteen (15) days after the due date thereof to <br />cover the extra expense involved in handling delinquent payments, but such "late charge" shall not <br />be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby. unless <br />such proceeds are sufficient to discharge the entire indebtedness and all proper costs and e.penses <br />secured thereby. <br /> <br />3, 1f the total of the payments made by the Mortgagor under (0) of paragraph 2 preceding shall e.ceed the <br />amount of payments actually made by the Mongagee, as trustee, for ground rcnts, ta..,. and ll:lscssment. or <br />insurance premiums. as the case may be, such e.cess shall be credited by the Mortgagee on subsequent payments <br />to be made by the Mortgagor for such items or, at Mongagee's option, as trustee, shall be refunded to Mort- <br />gagor. If, however, such monthly payments shall not be sufficient to pay such items when the same shall become <br />due and payahle. then the Mortgagor shall pay to the Mongag"", as trustee, any amount necessary [0 make up <br />[he deficiency within thiny (30) days after written notice from the Mortgagee stating the amount of the deficien- <br />cy, which notice may be given by mail. If at any time the Mongagor shall tender to the Mortgagee, in accordance <br />with the provisions of the note secured hereby, full payment of the entire indebtedness represented thereby, the <br />Mortgagee, as trustee, shall, in computing the amount of such indebtedness, credit to the account of the Mort- <br />gagor any credit balance accumulated under the provisions of (a) of paragraph 2 hereof. If there shall be a default <br />under any of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if the <br />Monpgee acquires the property otherwise after default, the Mortgagee, as trustee, shall apply, at the time of <br />the commencement of such proceedings or at the time the property is otherwise acquired, the amount then re- <br />maining to credit the Mortgagor under (a) of paragraph 2 preceding, as a credit on the interest accrued and un- <br />paid and the balance to the principal then remaining unpaid on said notc. <br /> <br />4. The lien of this instrument shall remain in full force and effect during any postponemem or extension <br />~f the time of payment of the indebtedness or any part thereof secured hereby. <br /> <br />S. He/she will pay all ground rents. taxes, assessments, water rates. and other governmental or municipal <br />charges. fines, or impositions, levied upon said premises and that he/she will pay all taxes levied upon this mort. <br />pge. or the debt secured thereby, together with any other taxes or assessments which may be levied under the <br />~.ws or Nebraska against the: Mortgagee. or the legal holder of said pnndpal nOle. on account of this indebtedness, <br />except when payment for all such items has theretofore been mnde: under (a) of paragraph 2 hereof. and hl'/shc <br />will promptly deliver the f)fricial receipts therdor to the Mortgagee. In cJefauh thercof lhc MUllgagCl' may pay <br />Ihe same. <br />