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84- 006182 r To HAVE AND To HOLD the same unto the Mortgagee, as herein provi,led, Mortgaffor represents to, and covenants with, the Mortgagee, that the Mortgagor has good right to se~l and convey said premises; that thev are free from encumbrance, except as hereinotherwise recited; that the Mortgagor will warrant and def~nd the same against the lawful claims of all persons whomsoever, Mortgagor hereby relinquishes all rights of homestead, all marital rights, either in law or in equity, and all other contingent interests of the Mortgagor in and to the above-described premises. PRoVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, to .wit: Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date at the rate of Thirteen per centum ( 13 ~'{.) per annum on the unpaid balance until paid. The said principal and interest shall be payable at the office of Superior Hortgage. Inc. in Grand I sland, NT:: 68801 , or at such other place as the holder of the note may designate in writing delivered 01' mailed to the Mortgagor, in monthly installments of Two Hundred Twenty-One and Dollars 1$ 221.24 i, C'Ilmmeneing on the fin,t day of January .1985 . and continuing on the first day of each month thereafter until said note is fuBy paid, except that, if not sooner paid, the final payment of principal and interest shall be due and payable on the first day of December. 2014 ; all according to the terms of a cCl'tain promissory note of even date herewith executed by the said Mortgagor~ 24/100 tos The Mortgagor further agrees: 1. He/she will pay the indebtedness. as hereinbefore provided. Privilege is reserved to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one inst..a!1ment~ or one hundred do!l~.-g ($IOO.CO), whichever is less. Prepayment in full shall be credited-an-the date received, Partial prepayment, other than on an installment due date, need not be credited until the next. follow"iog 1A'1st.allment due dat-e or th.h'"'ty days aft.!H .:;;H~,_-. ryrepayment, whichever is earlier~ l 2, Together with, and in addition tn, the IT'..,:o,.,Jy p<,ymdlts of principal and interest payable under the <<'rms of the note secured hereby, Mortgagor will pay to Mortgagee, as trustee, (under the terms of this trust as hereinafter stated) on the first day of each month until said note is fully paid: (a,) A sum equal to the ground rent::;, if any, next due, plus the pre.rniums that will next become-due and payable on policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property (all as estimated by the Mort- gagee, and of which the Mortgagor is notified) less all sums already paid therefor divided by the number oi months to dapse bciore one month prior to the date when such ground rents, !}I'emiums, taxes and assessments will become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents. premiums. taxes and special assessments, {h} The aggreg-ate of the :Ullnunts payable pursuant to s.ubpar~graph (a) and those payable on the note secured hereby, shall be paid in a single payment each month, to be applied to the follow- ing items in the order stated: (!) !('l'Ound !'lonts, taxes, assessments, fire and other hazard insurance premiums; (II) jl'terE'st on the note secured hlJreby; and (III) amortization of the principal of said note, Any deficiency in the amount of any sllch aggregate monthly payment shall, unless made good by the l\I ort>!,agor prior to the due date of the next such payment, constitute an event of default under this mortgage, At Mortgagee's option, Mortgagor will pay a "late charge" not exceed- ing fOlll' per centum (,1 ",) of any instal! mt'nt when paid more than fifteen (15) days after the due date Ihert'of to cover the extra expt'llse involved in handling delinquent payments, but such "late cllarll;(>" "hall not be payable out of the proceeds of any sale made to satisfy the indebted- lless secured lh'l'ehy, Ull]PSS slIch pl'occ'eds are sufficient to discharge the entire indebtedness and all propel' W8ts and eXpenses secured thereby, 3, If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall 'lxceed the amount of payments actually made by the Mortgagee, as trustee, for ground rent.~, taxes and assessments or insurance premiums, as the case may be, such exccss shall be credited by the Mortgagee on subsequent payments to be made by the Mortpgor for such it-ems or, at Mortgagee's option, as trustee, shall be refunded to Mortgagor, If, however, such monthly payments shall not be sufficient to pay such items when the same shall become due and payable, then the Mortgagor shall pay to the Mortgagee, as trustee, any amount nec.essary to make up the deficiency within thirty (30) days after written notice from the Mortgagee stating the amount of the deficiency, which notice may be given by mail. If at any time the Mortgagor shall t~nder to the Mortgagee, in accordance with the provisions of the note secured heorebYt fuil payment of the entire indebtedness represenied thereby, the !rlortg&gte. as tlus4"~, shaH, in computing the amount of such indebtedness, credit to the account of the Mortgagor any credit balance accumulated under the provisions of fa) of paragraph 2 hereof, If there shall be a default under any of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if the Mortgagee acquires the property otherwise after default, the MOI.tgagee, as trustee, shall apply, at the time of the commencement of such proceedings, or at the time the property is otherwise acquired, the amount then remaining to credit the Mortgagor under (a) of paragraph 2 preceding, as a credit on the interest accrued and unpaid and the balance to the principal Lhen remaining unpaid on said note, .j, The lien of this instrument shall remain ill full force and effect during any postponement or exten- sion of thl! time of payment of the indebtedness or anv nart thereof secured hereby. /), Hefabe wiH pay all ground renta, taxes, !lllliell8ments, water !'lites. and ot.'1er governmental or mwucipal e.hfU1l1!'!l, f'inf'll. Of impoeitions. levied upon said premiaell and that he/she will pay all taxes levied "poo wla mOl'tgalfe. or the debt ,">cured thereby, together with any ot.'1er taxes or a._menta which may be levied under the Ian or Nebrukll ugainn U)l~ Mortgagee. Of the legal holder of said prinCipal note. on lK~oontof thilllndebtedn_. c,wept when payment for allwch items hIlS weretofore been made under((lj <>t par.8Ph 2 hereof, and h'l!ahe will prompUy delInr the official receipts theretbf'ttf ta,\*,to~, In dl>fllUlt ta~of till! Mo~ may pay the same, .