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83-0011[2 To HAVE AND To HOLD the same unto the Mortgagee, as IH~reill provided, Mortgagor represents, to, and covenants with, the Mortgagee, that the Mortgagor has good right to sdl and convey said premises; that they are free from encumbmnce, except as hCl'einotherwise recited; that the Mortgagor will warrant and defend the same against the lawful claims of a!! persons whomsoever. Mortgagor hereby relinquishes all rights of homestead, all marital rights, either in law or in equity, and all other contingent interests of the Mortgagor in and to the above-described premises, PRoVIDED ALWAYS, and these presents~\re executed and delivered upon the following conditions, to wit: Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date at the rate of Twelve per centum b. O~) per annum on the unpaid balance until paid. The said principal and interest shall be payable at the omce of [MSto&iiduM,Jiltm}S of Lincoln in Lincoln, Nebraska , or at such other place as the holder of the note may designate in writing delivered or mailed to the Mortgagor, in monthly installments of F~lfhijtlndred Fifty Seven and Dollars ($ 457.74 l, commendng on the first day of May ,1983 , and continuing on the first day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final payment of principal and intel'est shall be due llnd payable on the first day of April ,2013; all according to the terms of a cert<'\in promissory note of even <late herewith executed by the said Mortgagor, The Mortgagor further agrees: 1. He will pay the indebtedness. as ilen'inbefor(' provided, Privilege is reserved to prepay at any time, without premium or f('e, the entire indebtedness or auy part thereof not less than the amount of one installment, or one hundred dollars i$100.00), whichever is less, Prepayment in full shall be credited on the date received, Partial prepayment, other than on an installment due date, need not be credited until the next following installment due date or thirty days after such prepayment, whichever is earlier. 2. Together with, and in addition tv, : he monthly payments of principal and interest payable under the terms of the note secured hereby, MOl'tvagor will pay to Mortg'dgee, as trustee, (under the terms of this trust as hereinafter stated) on the first day of each month until said note is fully paid: (a) A sum equal t.o the gl'ound rt'nts, if auy, uext due, plus the premiums that will next become due and payable on policies of firc and other hazard insurance covering the mortgaged property, plus taxes and assessrn~nt-s next due on the mort~aged property (all as estimated by the Mort- gagee. and of which the Mortga!l'Ol' is lwtii;.-d) less all sums already paid therefor divided by the numtx)r of months t,) elapse bdore Olll' mouth priot, to the date when such ground rents, premiums, tax.!s and assessments will h..t'Oll1e delinquent, such sums to be held by Mortgagee in trust to pay snid ground rents, 1""'lIIiuIIIS, taxes aud special assessments. (b) The aggregat(' of the amonnts 1>lly"bl,' (lurslIlmt to subpaf'aj;:!'aph (Il) and those payable un the note secu!'ed hereby, shalll", paId in a sinj;:k' payment each month. to be applied to the follow- ing items in the order statml: (I) ground rents, taxes, as.."Cssl1lcnts, lire and other hazard insurance premiums; (Il) interest on the note secured hen'by; "nd (till amortization of the principnl of said note. An)' deficiency in the amount of any sUl'h aggrf'gate monthly payment shall, unless made good by the !tlortgagor pl'ior to the due date of the next such payment. constitute an event of default under this mortgage. At Mortgagee's option, !tlortgagor will pay a "late charge" not exce\.>d- ing four per c<'ntum (4'1-) of any installment wht'n paid more than fifteen (15) days after the due <late thereof to eo""r the ,'xtra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the p!'ocet,>cts of any sale made to satisfy the indebted- ness secured hereby, unless such pl'O<"'etls are sufficient to discharge the entire indebtedness and all proper costs and expenses secUrt>d thert'by, 3, If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and asaesamenta or insurance premiums. as the ease may be, such excess shall be credited by the Mortgagee on subaequentpayments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, shall be refunded to Mortc&gor. If. however, such monthly payments shall not be sufficient to pay such items when the _ sball become due and payable, then the Mortgagor shall pay to the Mortgagee, as trustee, any amount necessary to make up the deficiency within thirty (30) days after written notice from the J(ortpa<ee stating the amount of the deficiency, which notice may be given by mail. If at any time the Mort8aaw shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, full pa)'Dlent of the entire indebtednellS represented thereby, the Mortgagee, as trust<!e, shall, in eomrmting the amount of such indebtedness, credit to the account of the Mortgagor any credit balance 1J.C"VtJlu1*ted under the provisions of (a.) of paragraph 2 hereof. If there shaH be a default under any of the proviaioM of this mortgage resulting in a public sale of the premises covered hereby, or if the J(~ acqllirell the property otherwise after default, the Mortgagee, as trustee, shall apply, at the time of the emn~t of auch proeeediDp. or at the time the property is otherwise acquired, the ~t theu remaininc to eredit the Mortgagor under (<<) of paragraph 2 preceding, as a credit on the ~~and UJlpald and the balance to the principal then remaining unpaid on said note. 4. The Hen of thia instrument llhall remain in full force and effect during any postponement or exten- sion of the tbaeof payment of the indebtedneas or any part thereof secured hereby, $," n.will pay all gound renta, taxea..-uentll. wsterrstea, and other governmental or munici. pal ~ tinea-or im~itiOM, \(Ivied llpon said pre.mi_ and that he will pay all taxes levied upon this ~Ii 11.; <<the debt IIt.lllUt'ed thereby, topthfi'r withllllY other taxes or _menta which may be levied lIJIMttMta..ofNllbrub llf;lUnst the Mortppe. or the legal holder of said principalllote, on account of U1iL...........~~ wllttn payment fOl" all such iUnul has theretofol'e h<-en made uuder (;:I) of para- ...... 10-1. and he will p-romptly (tmivm' tht! (>ffieiall"(l('(!ipta therefor to the Mol'tp.gee. In default ~ UHlJ(onppitmA1jlaY the same.