<br />I
<br />
<br />83-002706
<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 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-descrihed 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 ELEVEN and 00/100 per centum ~ 1.0on) pel' 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 Omaha, 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'OI-.'E THOUSAND TWO HUNDRED SIXTY NINE
<br />Dollars ($ 1,269.58 ). commencing on the first day of July , 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 June, 1998 ; all
<br />according to the terms of a cert.'l.in promissory note of even date herewith executed by the said Mortgagor.
<br />
<br />The Mortgagor further agrees:
<br />
<br />1. He will pay the indebted/wss, as hereinbefOl'e 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
<br />the date received. Partial prepayment, other than on an installment due date, /leed 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 seeured hereby, Mortgagor will pay to Mortgag'L'C, as trustee, (under the terms of this
<br />trust all hereinafter stated) on the first day of each month until said note is fully paid:
<br />
<br />(a) A sum equal to the ground rents, if any, next due, plus the premiums that will /lext become due
<br />and payable on policies of fire and othel' hazard insurance covering the mortgaged property,
<br />plus taxes and assessments next due on the mortgaged jlroperty (all as estimated by the Mort-
<br />gagee, and of whi('h the Mortgagor is notified) less all sums already paid therefor divided by
<br />the numQer of months to elapse befort, One month prior to the date when such ground rents,
<br />premiums, taxes and assessments will beeome delinquent, such sums to be held by Mortgagee
<br />in trust to pay said ground rents, pn'miums, taxes and special assessments.
<br />(b) The aggl'f'gate of the lunonnts payable pursuant to subparagraph (a) and those payable on the
<br />note secured hereby, shall be paid iu a single payment l'ach month, to be applied to the follow-
<br />ing items in the order stated:
<br />
<br />0) ground rents, taxes, assessments, tin' and other hazard insurance pmmiums;
<br />(II) interest ou the note seeul'l'd hereby; and
<br />(!II) amortization of the principal of said note.
<br />
<br />Any deticiency in ttll' amount of any sllch aggregate monthly payment shall, unless made good
<br />by the l\1orlgugor prior to the du!' date of the next such payment, constitute an event of default
<br />under this mortgage. At Mortgagee's option, ~Iortlragor will pay II "late charge" not exceed-
<br />ing four per c(mtum ('J~o) of any installment when paid mori! than fifteen (15) days after the
<br />due date thereof to cover the extra eX\l('nse involved in handlinlr delinquent payments, but such
<br />"late charge" shall not be payable oul of lhe proceeds of any salt, made to satisfy the indebted-
<br />ness secured heH'hy, unless sueh proceeds are sutllciellt 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 trustee, for ground rents, taxes and
<br />as8llS8Il1ents or il\&uranee premiums, as the calle 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 />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 pa~' 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 Mo~l' shall tender to the Mortgagee, in accordance with the provisions of the note secured
<br />hereby, full payment of the entire indebtedness 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 (0;) of paragraph 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 covered hereby, or if the
<br />Mortpgee acquirea the property otherwise after default. the Mortgagee. as trustee. shall apply, at the
<br />time of the commencement of such proceedingJl, or at the time the property is otherwise acquired, the
<br />~unt then remaining to credit, the Mortgagor under (a) of paragraph 2 preceding, as a credit on the
<br />intereataccrued 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 und effect during any postponement OJ" exten-
<br />siQn of the tiloo of payme/~t of tM indebtedness or any part thereof secured hereby.
<br />
<br />5. .tJtl will pay all ground rents, taxCll, llJIlleasments, water rates, and other ll'overnmentJ.\1 or munici-
<br />pal charaes, tInet, or.lmpositiol18, levied upon said premist:lI and that he will pa)' all taxes levied upon this
<br />ll)QI'~,ur the debt seenred thereby, together with any other taxes or ass(~ssments which may be levied
<br />Im~~ia\y.ofNebra.&"lll\gainstthe M.urtll'l1lJl.."', or tho' legal holdeI' of suid principal /lOt>', on account of
<br />Uda ~_t ex~pt when pAyment for all sueh items has theretofore b{'''lI made lInd,'1' 1(1) of para.
<br />graph 2heroof, and hI' will promptly deliver the official rec<:lpts therefor to the Mnrtgugoe. In default
<br />tbMoof thc M",rtll'C(,'l1 may pay the same.
<br />
|