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<br />r <br /> <br />r <br /> <br />83- 001631 <br /> <br />To HAVE AND To HOLD the same unto tll(' Mortgagee, as herein provided, Mortgagor represents to, <br />and covenants with, the Mortgagee, that the Mortgagor has good right to St'H and convey said premises; <br />that they are free from encnmbrance, exeept as hel'<'inotherwise recited; that the Mortgagor will warrant <br />and defl>J1d the same against the lawful claims of all persons whomsoevpr, Mortgagor hereby relinquishes <br />all rights of homestead, all marital !'ights, either in law or in l'quity, 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 npon the following conditions, to <br />wit: <br />Mortgagor agTees to pay to the MOl'tg-ag-ee, 01' order, the aforesaid principal sum with interest from date <br />at the rate of Twelve pel' eentum i2. 000) p~r ann~m on the unpaid balance until paid, <br />The said principal and interest shall be payable at the otTice of Kli,PEo~lldx~~Sci~lllli:\s of Lincoln <br />in Lincoln. Nebraska ,01' at such other place as the holder of the note may designate in <br />writing delivered or mailed to the ;,lortg-agor, in monthly installments of Four Hundred Eleven and 45/100 <br />Dollars ($ 411. 45 ), commencing- on the first day of May ,1983 ,and continuing on <br />the first day of eaeh month thereafter until ,aid nlltl' is fully paid, except that, if not sooner paid, the linal <br />payment of principal and interest shall be dIll' and payable on the first day of April ,2013; all <br />according to the terms of a cert.'lin promissory note of even date lwrewith executed by the said Mortgagor. <br /> <br />The Mortgagor further agrees: <br />1. He will pay tht' indebtedness, as hel','inuefor,' provided. Privilege is reserved to prepay at any <br />time, without premium or ft'"" I he ,-nlirC' ind,'bt.'dllt'SS or an)' pan thereof not less than the amount of one <br />installment, or one hundred doilars i$lOO,OOl. 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 ur thirty days after such prepayment, whichever is earlier, <br /> <br />2, Together with, and in addition to, .,,, monthly payments of principal and interest payable under <br />the terms of the note secured hereby. Mort "agoI' will pay to Mortgag-ee, as trustee, (under the terms of this <br />trust as hereinafter st.'1ted) on the first day of each month until said note is fully paid: <br />(a) A sum <''Iual to the ground rents, if an)', IwXt due, plus the premiums that will next become due <br />and payable "n policies "t' lire and "ther hazard insurance covl'ring the mortgaged property, <br />plus taXt'S a!H1 assessnll'nts next du" on Ow mortgaged propeliy (all as estimated by the Mort- <br />Kagel', and of whIch the ;\!ortgagl)l' is notifit'dl It'ss all sums all'l'ady paid therefor divided by <br />the numlwr of 010llth5 to dapse b~'fort' (lUl' nWllth prior to the date \\'hen such ground rents, <br />premiums, taxes and aSSl'SSn1l'nts wtlllwl'lJllll' d.,linqut'nt, sueh sums to be held by Mortg.'1gee <br />in trust to pay said ground n'nts. preJl1iUln~. taxes. and special assessments. <br />(b) The aggregate..f till' amounts payablt' pursuaut to subpanlgraph (n) and those payable on the <br />note sC'ClIl'l'd hel'l,by, shall bl' paid in a singl., payment <,ach month, to be applied to the follow- <br />ing items ill the order st'lted: <br />(I) ground rents, taxt's. aSH'S~l1it'llt~. !in:' and other hazard insurance premiums; <br />(1I) int~n.'st on the note 5t~Cllr('d hereby; and <br />(III) il.lllortizatlon of the pJ~ineipal of ~ai(l note. <br />Any detki,'nc)' in t.he amount (If allY such aggl'C'Kate monthly payment shall, unless made good <br />by the ~Iongagor prior t.o till' dill' datc' ..f t.he next such payment, constitute an event of def.'1ult <br />under t.his mortgage. At ;,!ortgagee's ""tion, :'lortgagol' will pay a "late charge" not exceed- <br />ing four per centum (I '., ) of any installllll'llt when paid more than fifteen (15) days after the <br />due date th<'l't'Of toeo\'er the extra expense in\'olved in handling delinquent pa~'ments, but such <br />"late dllll'ge" shall not Ilt' payable "Ut of till> pl'Ot't't'ds of an~' sale made to satisfy the indebted- <br />ness SeC'lIl'ed hel't'by, ulll.'ss sudl procc,,'ds art' suilkieut to discharge the entire indebtedness and <br />all prop,'r costs and expenses se.:ured thel't'by, <br /> <br />3, If the total of the payments made by the Mortgagol' under (a) of paragraph 2 preceding shall <br />exceed the amount of payments .'1ctually made by thl' Mortgagee, as trustee, for ground I'ents, taxes and <br />assessments or insurance premiums. as the case may !x>, such excess shall be credited by the Mortgagee <br />on subsequent payments to be made by the Mortg.'1gor 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 .\Iort.gagor shall pay to the Mortgagee, as <br />trustee. any amount necessary !{) make up the deficienc~' within thirty (aOl days after written notice from <br />the Mortgagee stating the amount of the del1ciency, which notice may be given by mail, If .'1t an~' time <br />the Mortgagor shall tender to the Mortgagee, in aL'Cord.'1nce with the provisions of the note st'Cun>d <br />hereby. full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, <br />in computing the amount of such indebtedness, uedit tt. the account of the Mortgagor any credit b.'1lance <br />accumulated under the provisions of (al of paragraph 2 hereof, If there shall be a default under any <br />of the provisioDll of this mortgage resulting in a public sale of the premises covered hereby, or if the <br />Mortgagee acquires the property otherwise after default, the :'fortgagee. 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 />amount 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 /> <br />4, The lien of this instrument shall remain in full force and effect during any postponement 01' exten- <br />sion of the lime of paymt'nt of the indebtedness or any p.'1rt thel't'Of secured hereby, <br /> <br />l), He will pay all ground rents, I.axt'll. a.'iSe8llments. water rates, and otht'" governmental or munici- <br />pal charas. flOO8, or impositions, levi(:(l upon said pt1!misea and that he will pay alllaxes levied upon this <br />II'IGl'tpge, or t.be debt aecured thereb)'. togethel' with any oth('r taxes or asllesaments whkh m.'1Y be levic'li <br />under I,", laWiI of Nebl'lUIka against tho Morigagt'll, or the legal holder of said principal note; on account of <br />ttu. indllbtedn-. elloopt wh..n ~lllyment fol' aU sUI,h Items hll8 theretofore been made undel' (a) of para- <br />jp'1lJ)b 2 hef'lilUf, and he will promptly deli\'".. t.ho ollieial rcc'elptll therefor t{l the :'lortgagee, In default <br />the...,.,! the Mor4laitoo may pay thl> llllllle, <br />