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-: 003286 <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 />..it: Paovuw ALWAYS, and these presents are executed and delivered upon the following conditions, to <br />Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of Twelve and one —half per centum (12.5 %) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Superior Plortgage, 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 of Five Hundred Eighty one and66 /0 <br />Dollars ($ 581.66 ), commencing on the first day of September 1985 s <br />the first day of each month thereafter until said note is full , and continuing on <br />y 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 July, 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 />I. 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 />nest 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 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 />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 />premiums, taxes and assessments will become delinquent, such sums to be held by Mortgagee <br />in trust 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 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 />(h) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(I1) interest on the note secured hereby; and <br />(ru) 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 (47,c) 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 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 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, as trustee, for ground rents, taxes and <br />assessments on or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee <br />subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, <br />shalt 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 Mortgagee, as <br />trustee. Say 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 payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, <br />in otasputimg the amount of such indebtedness, credit to the account of the Mortgagor any credit balance <br />accumuleUd under the provisions of (a) of paragraph 2 hereof. If there shall be a default under any <br />of the provisiom of this mortgage resulting in a public sale of the preen ;sss covered hereby, or if the <br />Mortpgee 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 />81100rrmt 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 Ikon of this instrument shall remain in full force and effect during any postponement or exten- <br />siost of the time of payment of the indebtedness or anv Dart thereof secured hereby, <br />6. He /elan will pay all ground resets, taxes, ass rents, water rates. and other governmental or <br />munkipal charges, finm, or impositions, levied upon said premises and that he /she will pay all taxes levied <br />. or the debt. secured thereby, together with any other, alssessments which may <br />be JerW under the laws of Nebraska against the Mortppe. or the legal <br />Principal note. on <br />L of indebtedness. exert when Payment for all such items has theretofore been made under (a) <br />at Parattraph 2 hereof, and he/she will Promptly deliver the official receipts therefor to the Mortgagee. In <br />delault thereof the Murtgattee may pay the same. <br />