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<br />I <br /> <br />'83-001(21,:: <br /> <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 lawflll claims of all ]1el'sons whomsoever, Mortgagor hereby relinquishes <br />all rights of homestead, all marital rights, either in law 01' in equity, and all oU,er 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 /> <br />Mortgagor agrees to pay to the Mortlf'dgee, 01' (mlel', the aforesaid principal sum with interest from date <br />at the rate of TWELVE and 00/100 per centum XZ .00!1) pel' annum on the unpaid balance until paid, <br />The said principal and interest shall be payable at the omce of Commercial Federal Savings & Loan Assoc. <br />in Omaha. Nebraska , or at such other place as the holder of the note may designate in <br />writing delivered or mailed to the :\Iortgagor, in monthly installments of FOUR HUNDRED THIRTY TWO and 02/100 <br />Dollars ($ 432.02 ), commencing on the nl'st day of May , 19 8Jand continuing on <br />the first dav of each month thel'eafter until said note is fully paid, except that, if not sooner paid, the final <br />payment oi principal and interest shall be due and payable on the !irst day of April, 2013 ; all <br />according to the terms of a "prtain promissory note of p\'pn date herewith executed by the said Mortgagor, <br /> <br />The Mortgagor further agrees: <br /> <br />1. He will pay the in(khtedness, as h<'l'einbdol'f' provided, Privilege is reserved to prepay at any <br />time, without premium oj' fee, the pntil'p ind,'btedness or any part thereof not less than the amount of one <br />installment, or one hundred dollars ($100,00), whichever is less, Prepayment in full shall be credited on <br />the date received. Partial prepayment, other than on an installment due date, need not be credited until <br />the next following installment due date or thirty days after such prepayment, whichever is earlier, <br /> <br />2, Together with, and in addition to, the monthly payments of principal and interest payable under <br />the terms of the note secured hereby, }fortgagol' will pay to Mortg-age<" as tmstee. (under thp tel'ms of this <br />trust as hereinafter stated) on the first day of each month until said note is fully paid: <br /> <br />(a.) A sum ,'qual to the ground rpnts. if an,', Ilt!xt due, plus tilt' prpmiums that will next become due <br />and payablp on policies of iil'e and other hal-anI insurant<. ('o\'ering the mortgaged property, <br />plus taxes and a$seSSl1H'uts next tIlH' on till' mortgaged prepl'rty (all as estimated by the l\Iort- <br />gagel', and of which th,' Mortgagor IS notiii..d i j,'ss ail slims all'pady paid therefor didded by <br />the nUlnber of Il10nths to l'iapst' ht',"Ol't' PIll' 1l1onth prinr to the date when such gl'ound rents. <br />premiunls. tax(\s and a'sS(l~Sln(,l1ts \\'ilI hl'Coll1l' dj~ljllqUl'nt. ~ueh sunlS to be held by l\lol'tgagee <br />in trust to pay said )!round n'Hts. pn-'1l1iurns. taxes and special assessments. <br />(b) The aggregatc' of Hit, lunount3 pa,'abh' pursuant to subparalo!raph (a) and those payable on the <br />note set'll!'!'>! Iwrd.r, shall h" paid In a single pannt'nt each month, to be applied to the follow- <br />ing items in the onlP!' stated: <br />(n ground rNlts, taxps. aSSt_'~snH'nt5. tir,--' and nthe!' hazard insurance premiums; <br />(II) intcrt.'st un the note secured hprt'by; and <br />(Ill) amortization of the print'lpal of sald note, <br /> <br />Any deficiency in the anHH.tnt (If any ;-.uch aggrq{at{. munthly paYlnent shall, unless made g(lod <br />by t.he }h.)rtg-agot- prior to thp dllt' datt' o( the next sm.:h pa:nnpnt. constitute an event of default <br />under this mortgage, At ,,!ortgagep's option, :\h,rtgagor will pay a "late charge" not exceed- <br />ing four per "entum (.1',) of any IlIstill! nwnt wheu paid more than t1fteen (15) days after the <br />due datl' thereof to t<i)\"Pl' thi.' extra i'Xpe!1S(' iUYt)j\'('-d in handling deli!lt.IUf.mt payments, but such <br />"Jate <'harge" ,;Julll uot be payable .'lIt of tll<' pm",.'"ds of auy sail' mad(, to satisfy the indebted- <br />ness secured hen.by, unless such Il\,(}(','"ds an' sutJil'il'1lt to disl'harge the ('utire indebtedness and <br />all propel' costs and pxpenSt's Sl'l.'Un'<\ th('n'by, <br /> <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 MortgaR'Ct', as trustee. for ground rents. taxes and <br />assessments or insurance premiums, as the cast' may be, such excess shall be credited by the Mortgagee <br />on subsequent pS)'ments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustl>e, <br />shall be refunded to Mortgagor. If, however. such monthly payments shall not be sufficient to pay such <br />items wben the same shall become due nnd payable, then the Mortg'<\gor shnll pay h) thp Mortgagee, as <br />trustee, any amount necessary to make up the deticiency within thirty (30) days after written notice from <br />the Mortgagee stating the amount of the deficiency, which notice ma}' be given by mail. If at any time <br />the Mortgagor shall tender to the Mortgagee, in accordance with thp pl'Ovisions of the note secured <br />hereby, full payment of the entire indebtedness repn.'s<>ntp<! therpby, the Mortgagee. as trustee, shall, <br />in computing the l'.mount of such indebtedness. t'redit to the account of the Mortgagor any credit balance <br />aeeumulated under the provisions of (al of pamgraph 2 hereof. If there shall be a default under any <br />of the provisions of this mortgage resulting in a public sale of the premises coverp<1 hereby, or if the <br />Mortgagee acquires the property otherwise after default. the ~fortgagee, as trustee, shall apply, at tht' <br />time of the commencement of such proceedings, or at the time the property is otherwise acquil'l,(!, the <br />amount then remaining to credit the Mortgagor under ta) of paragraph 2 preceding. a.s a cn'(lit on ill<' <br />interest aeerued and unpaid and the balantc-e to the principal then n'maining unpaid on said note, <br /> <br />,I. The lien of this insl.rument shallr,'main in full fo!'l'<' and etfeet during allY postpOllt'm('nt or exten- <br />sion of the time of payrn('nt of the jnd"btedness or any part th,'rt'of sl'Cur~'(j h..reby. <br /> <br />5, He will pay Jill ground rents. taJwl!, lIs,w.$.'<Inent.~, watt'r rates, aud (lther R'o\'('rnmental or IllUllIC1- <br />pal du..~ linea, or impo$itiotul, It,,,i..,, upon aaid premises and that he wllJ par all tax<'s le\'i".1 upon this <br />morta:aae, or the debt lM'Cu,.".j then'!';y, togeU..;,r with any othl'r taxes 01' a.3s,'unH'nts whit'h may be It'vi<'(j <br />undel"thelawlot Nebl'll!lKaapinst the Mortgagt'e. Ill' Olt' It'lfal hold",' of said pnnclpal noll', on 'U't'Ollnt of <br />this indebted_, I'JtCtlpt "')1<'ll I'llyrnenl fur all ~u"h ill'fIls !la;, th,'rf'tofllrc b""ll made' under (<t) ..f pam. <br />graph :! h<!...,.,f, Jin.! h., will P""fllptly ,h-liv.,1' U", "tlkial n",,'lpt!< tlwl'(.ful' if' tl", :\l'>rll{llg,.,.. III default <br />thef',-'"(.lf t~ M~ntpx~ n\&)" p.1i}' HIl- ~anw. <br />