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<br />83...u01522 <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 hereinotherwisc recited; that the Mortgagor will warrant <br />and defend tbe 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 /> <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 00/1 00 per centum p. OQQ) per annum on the unpaid balance until paid, <br />The said principal and interest shall be payable at the office of Commercial Federal Savings & Loan Assoc. <br />in O\IIaha, Nebraska , 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 FOUR HUNDRED ONE and 16/100 <br />Dollars ($ 401.16 ), commencing on the first day of May .19 8;3and continuing on <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 April, 2013 ; all <br />according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor, <br /> <br />The Mortgagor further agrees: <br />1. He will pay the indebtedness, as hereinbefore provided, Privilege is reserved to prepay at any <br />time, without premium 01' 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 <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. Mortgagor will pay to MOl'tgagee, 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 an)" next due, plus the premiums that will next become due <br />and payable on policies of fire and other hazard insunmce 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) I..ss all sums alrl'l\lly paid therefor divided by <br />the number of months to elapse he fore one month prior to the date when such ground rents, <br />premiums, taxes and assessnwuts willlwl'ome ddinquent, such sums to be held by MOI'tgagee <br />in trust to pay said ground rents, pl'l'miums, taxes and special assl'ssments, <br />(b) The aggregate of the amounts payable pursuant to subparagraph ((/) llnd those payable on the <br />note secured Ill'n'oy, shall lx, paid in a sinKI.. paymcut each month, to be applied to the follow- <br />ing items in the order stated: <br />(I) gl'ound !'l'nts, taxes, assesSllll'nts, lire and other hazard insurance premiums; <br />(II) intercst on the note secu!'l'd hl'reoy; and <br />(1lI) amortization of the prineipal of said note, <br />Any deficiency in the amount of any such aggregate mouthly 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, ;\lo1'lgagor will pay a "late charge" not exceed- <br />ing foul' pel' centum (4~;) of any install ment when paid more than fifteen (15) days after the <br />due date thereof to covel' the ('xtra expense innll\'ed in handling delinquent payments, but such <br />"late charge" shall not be payabll' out of the pl'ocel'lls of any sale made to satisfy the indebted. <br />ness secured hel'eby, unless such proce..ds at'e ,mllici.mt to discharge the entire indebtedness and <br />all propel' costs and expenses secured thereby, <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 Mortgagee, as trustt'l', for ground rents. taxes and <br />8lISe8Sl11entaor ilUlurance 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 trustee. <br />sha1I be refunded to Morleagor. 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, any 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 indebtedneBS 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 provisiolUl of (a) of paragraph 2 hereof, If there shall be a default under any <br />of the proviaiolUl of this mortgage resulting in a public sale of the premises covered hereby, or if the <br />Morttragee acquire& 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 />~t the!1 ~. to credit the MoI'tgagor under (a) of paragraph 2 preceding, as a credit on the <br />intereat acel'UeQ, and unpaid and the balance to the principal then relll8ining unpaid on said note, <br /> <br />4. The lien of this instrument shall relll8in in full force and effect during any postponement or exten. <br />sion of the time of payment of the indebtedness or any part thert>()f secured hereby, <br /> <br />5. He will pay all ground rents. taxes, ~ellts, water rates. and other go\'emmental 01' munici. <br />pal cbarlet, ftnes, or impoaitiolUl, levied upon said premises and that he will pay all t.aXt'S levied upon this <br />~ort.be debt aecurOO thereby, together with any other taxes or assessments which may b<llevicd <br />u~the law. of N~ agalt18t the Mortgagee, or the legal holder of said prindpal note, on account of <br />thllind4lb~except when payment for alllluch itelll8b8ll thcmtofore beenlllade under (0) of para. <br />/P'3ph 2 here6f, and h(\ will promPtly deliver the official receipts ther(\for to tht, Mortgagto'<l, In default <br />thereol the MortPlf\,'C may pay the llllme, <br />