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<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 />