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`~• ~ Second P3ortgage <br />~~~~Q~7~~ !~'~~Ri+~s: ~~ for ' <br />With Addendum,. for Re l Section. 235 Cases <br />payment of Sec ian 235 Assistance 1 i <br />i. ~ <br />1 <br />THIS P'IORTGA~E, made.. and executed this 3Othday:of April .q. <br />14 8~, by and betvaeenf Brian J, Zabka, a single person and Danei~~~~Zabka, a single 0' <br />perscn <br />of the County of Hall and State of Plebraska, party: of the first part <br />hereinafter called the d~lortoagor and the Secretary of the Department of Housing and <br />Urban Development <br />patty of the second part, hereinafter called the Mortgagee. <br />t-IITNESSETN: That the sair~ Ffortgagor, is u tl indebted to the Mortgagee in the' <br />principal sum of 'Sixty thousand: six fiuhdred th'~r~y ~wo and noi200 Dollars ($60,632.00 <br />v,hich principal sum will not exceed an amount computed under the terms of the Rate <br />executed by said Mortgagor on gpril 30,.1982 ,;with interest, in <br />accordance t,ith said Note. Shat as secursty for said Note the tortgagor does by these <br />presents Grant, E3arclain, SeTI, Convey. and Confirm unto the t'lortgagee, its successors and <br />assigns the following described real. estate situated in the County of Hall <br />State of Nebraska,_to laic Lot One Hundred Eight (1 Q8) in_Buenavista , <br />Addition to the city of Grand. Island ,.Hall County, Nebraska <br />30 HAVE ARD;TO HOLD the premises above described, with all the appurtenances <br />thereunto belonging and including all heating, plumbing and lighting fixtures and equip- <br />merit now or hereafter attached to or used`in connection with said real estate unto the <br />Mortgagee, and Co its successors and assigns, forevera The ~iortyagor represents to, and, <br />covenants with, the Mortgagee, that .the Mortgagor has good right. to sell and convey said <br />premises; that they are feee from encumbrance. except for an E1{A first mortgage; and that <br />the P~lortgagor will warrant and defend the. same agarl5t the. lawful `claims of all>persans <br />whomsmsoever, and"the said h~rtgagor hereby relinquishes all rights of homestead, and all <br />marital rights, either in law or in equity, and aT1 other contingent interests of the <br />Mortgagor in and o the above-described premises, the intention-being to convey hereby an <br />absolute title, in fee simple, including all rights of homestead; and other rights and`- <br />.. .interests as aforesaid, <br />PR4VIDE0 Al4tAY5, and these presents are executed and delivered upon the folTowin9 <br />conditions, Lo s~itc <br />She Mortgagor agrees to pay to the Mortgagee, or order, the principal sum of Sixty <br />thousand six hundred thirty two and no/lO0---------- Dollars (360,632,00 } <br />with interest as provided'in the Note deted A ril 30 1982 <br />ty ; and executed by 14ortgaoor <br />The Mortgagor in or"der more fatly to prated the security of this Mortgage, agrees: <br />1. that he will pay.; the indebtedness, as hereinbefore provided. Privilege is <br />reserved to pay the debt in whole, ar in an aunt equal to one or more monthly payments <br />on the principal that. are next due o» the Hate, on the first day of any month prior to <br />Raturty: Pirovided, however, Shat written notice oi` an intention to exercise such privi9ec <br />is given at least thirty.;30) days prior to, prepayment. <br />2. That the Mort a or will ~~ . <br />g g :.pay ground rents, taxes, assessments, water rates, and <br />other governmental or ~nicipal charges, fines, ar-impositions, for which. provision has <br />not been wade herenbefo're, and in default thereof the Mortgagee may pay the same; and ..that <br />the Mortgagor s+i11 promptly deliver the official receipts therefor to the Mortgagee. <br />3. The Ptartgagor will pay ail taxes which- may be levied upon-the Mortgagee's <br />interest in sari real estate and improvements, and which maY be levied upon this mortgage <br />or the debt secured hereby {but only *_o the extent that such `is not prohibited by law acid <br />only to the extent that such will not ,;take this loan usurious), but excluding any' income <br />tax, State or federal, imposed on P~rtgagee, and will file the official receipt showing' <br />such Payment r,ith the Mortgagee. ,Upon violation of this undertaking, or if the Mortgagor <br />is prohibited by any law•ncsr or hereafter existing from paying the whole or any portion of <br />the aforesaid taxes, or upon the rendering of'any court decree prohibiting the payment by <br />the ;=mortgagor or any such taxes. or if such law or decree provides that any amount so paid° <br />the '+~s~igagcr shall be credited an the mortgage debt; the Mortgagee shall have: the right to <br />give ninety day:' .+ritten notice to the.. owner of the`martgaged premises, requiring the: <br />aays*~ent of tr,e r~ortaaa2 debt. If such notice be given, the'_sad debt sha13 become due, <br />payable and celteCt~ble at the expiration of said ninety 'days. <br />