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85-0 003979 <br />To HAVE AND To HOLD the sir -ie 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',:he 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 />1i ^t *s9oc: agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of Eleven per centum ( 13 'c) 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 68802 , 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 Foul" Hundred Twenty— eightand55 /100 <br />Dollars ($ 428.55 ), commencing on the first day of October , 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 Septetriber 2015 ; all <br />according to the terms of a certain promissory note of even (late 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 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. anti 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 hcr?by, shall be paid in a single payment each month, to he applied to the follow- <br />ing items in the order stated: <br />(1) ground rents, tax,-s, assyssrnents, fire and other hazard insurance premiums; <br />(u) interest +,n the n�tese�rured hereby; and <br />(tit) anu.rtization of the principal of said rote. <br />Any deficit-ncy in the amok.nt r,f an'} such aggregate rt*. ,rithlr payniont 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 Alor•tgagve's option, Mortgagor will pay a "late charge" not exceed- <br />ing four per ceutum ( f!'. ) 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" dealt riot he payable out of the provo.4,ds of any sale made to satisfy the indebted- <br />ness liccured lr, rOw, unless su<:h pr,xvv.As are sulfit wnt to discharge the entire indebtedness and <br />all proper casts 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 />assessment, or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee <br />on subo.quent 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 Mortgagor shall prey to the Mortgagee, as <br />trustee, any amount necemary to make up the deficiency within thirty 130) days after x ritt.en notice from <br />the Mortgagee stating the amount of the deficiency, which notice may be givr!n 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 indebtednem 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 hereoU If there shall be a default under any <br />of the provisions of this mortgage resulting in a public Hale 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 />aillount them 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 offect during any iN,lt I'M lnement or exlen- <br />sii'm of the time of payment of the indebtedness or arry nart. there or secured hereby. <br />6. H*ishr will pay all gn and rents, Woes, earsesaments, water rates, and other governmental or <br />mww.tpsl eharpo, fines, or impositions. levied upon said premises and that he,she will pay all taxeR levied <br />upon this mortilaige, or the ON nreurrd thereby. together with any other taxe;e or arse rnentx which mad <br />he levied under the laws of Nebriksks against the Mortgagee, or the legal holder of card l+rine•rpal Mott *, 041 <br />Account (if this tndthtr"In"o, except when payment for all such orms has theretofoh• twwu made under fo <br />of punagrViii 2 hereof, and he!ghe will promptly deliver the official rL V11144 �en�f „r t,. t w Mortgagee, In <br />Arfocrlt themof the fortgage±e may tzar• the Katne. I. <br />