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85-- 000 -094 <br />To HAVE AND To HOLD the same unto the Mortgagee, as herein provided, Mortgagor represents 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 recited; that the Mortgagor will warrant <br />and defend the same against the lawful claims of all persons whomsoever. 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 tile Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of Twelve and one half per centum (12.5gi.) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Superior 'Mortgage, Inc. <br />in Grand Island, NE , or at such other place as the holder of the note may designate in <br />writing delivered or mailed to the Mortgagor, in monthly installments ofTwo Hundred Ninety -six and 16 /100 <br />Dollars ($ 2 96. 16 ), commencing on the first day of March , 19 85 , and continuing on the <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 payable on the first day of February, 2015 ; 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 /she 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 the <br />date received. Partial prepayment, other than on an installment due date, need not be credited until the <br />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 <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 clue, plus the premiums that will next become due <br />and payable on policies of fire and other hazard insurance covering the mortgaged property, <br />plus taxes and assessments next due on the mortgaged property (all as estimated by 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 date when such ground rents, <br />prorrriums, taxes and assessments will become delinquent, such sums to be held by Mortgagee <br />in trust to pay said ground tents, premiums, taxes and special assessments. <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 />(1) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(11) interest on the note secured hereby ; and <br />(111) 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 Mortgagor prior to the due date 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 (41° ) of any install ment 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 made to satisfy the indebted- <br />ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and <br />ail proper costs and expenses 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, ,is 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 trusties, <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 Mortgagor shall pay to the Mortgago. as <br />trustee, any amount necessary to make up the deficiency within thirty (ae) 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 s(wur•ed <br />hereby, full payment of the entire indebtedness represented thereby. 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 lie a default tinder any <br />of the provisions of this mortgage resulting in a public wale of the premises covered hereby, or if the <br />Mortgagee acquires the property otherwise after default., the Mortgagee. as trustcv, shall apply, at the <br />time of the commencement of such proceedings, or ,it 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 anti the balance to the principal then remaining unpaid on said note. <br />A. The lien of this instrument shall remain in fill force and effect during any postponement or exten- <br />sion of t-he time of payment, of the indelrtedncewH or any Dart.!.hereof secured hereby. <br />6, lie /she will pay all ground rents, t,axelf, 0180011811lent4l, water rates, kind other governmental or <br />municipal charges, fines, or impositions, levied upon said premises and that helshe will pay till taxes leviesi <br />capon this mortgage, or the debt secure -d thereby, together with any other taxes or acsnemments which may <br />he levied tinder the lawn of Nebraska argainnt. the Mortgagee, or the logal holder of said principal note, on <br />crmnt of this indeb'iedne- , except, when payment for nil such itemw hraw the•rotof(ire heen reside under fa ) <br />(if paregraph 2 hereof, Hnd he /she will promptly deliver the 4fictal rvvvi >t.% 'hervefor to the Mortgatifee. in <br />Ie foult, thereof the llortft et- enay pay the twitw, <br />mgt <br />i <br />