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<br />..,:;~~ n ,,.r . <br />. ,. <br />i Second P1ortgage <br />• _ 1~~~~ifs:vEii~'.. ' for <br />Section 235 Lases <br />Viith Addendum,. far Repayment of Section 235 Assistance '' I I <br />~. -__. <br />THIS MORT~GE, made and executed this 27th day of rsay A. D. <br />198 by and DeU•ieen noel'H. Garrett; a single'persan <br />of the County of xakl ,,and State of Pebraska, party of the first part <br />hereinafter called the ~iortgagar and= the'Secretary of the Bepartment of'Housing;and <br />Urban Development <br />party of the second part, hereinafter called the°Mortgagee. <br />1J77NESSETli: That the said I~brtgagar, is justly indebted to the Mortgagee in the <br />principal Sum of One hundred Fifteen thousand two hundred and Ho/10°~1drS (115,200.00 ) <br />which principal um will not exceed an amount computed under the terms of the-Note <br />executed`by said lortgagor on' ~y z7, lsa2 ,,~:nth in Brest, in <br />accordance with said Note. That as security for said dote the G1or*_gagor does<by these': <br />presents Grant, Bargain, Sell, Convey and Confirm unto the P4ortgagee its successors and <br />assigns the following descri4ed root estate situated im the County of xaa_1 <br />State•'of Nebraska, to wit <br />tat Eight {8} Railos Subdivision, .~ the City of Grand Island, Aa11 County, Nebraska. <br />TU HAYE AND TO HQLD thepremises above described, with all- the appurtenances <br />thereunto belonging and including ail heating, plumbing and lighting fixtures and equip- <br />ment now or hereafter attar_hed to or used in connection with said real estate unto thee..' <br />Mortgagee, and to its suctessars and assigrtis, forever. The Mortgagor represents to, 'and <br />covenants -aith, the hbrigagee, that xhe Mortgagor has good right to sell and convey said <br />premises: that they are feee from encumbrance. except for an FHA first mortgage; and .that <br />the;Hortgagor will warrant and.defend'the same against the lawful claims of all persons <br />whomsoever; and the said Mortgagor. hereby relinquishes all rights ofhomestead, and alt <br />.marital rights, either in law or inequity, and all other contingent interests of the <br />Mortgagor in and to 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 />PROVIt3ED Al.tiAYS, and these.: presents are executed and delivered upon the follow:r.g <br />canditiorts towt:. <br />1'he Hoc*.;agnr agrees to Ray Lathe Mortgage-, or order, the principal sum of one <br />hundred fifteen thousand two hundred and P7+oo,Il00ths--Dollars (S11S,20U.00 1 <br />with interest a5 provided in tine dote dated A4ay 27, 1982 and executed by tlortclaa~r <br />The Nartgagar in artier rs~re fuliy,to protect the security of Lhis i4ortgaoe, agrees: <br />' 1. Shat he will pay the irtdebtedrtess, as hereinbefare provided. Privilege is <br />reserved to pay the debt in whole, ar in an at~unt e4val to one or more monthly payments <br />on :the principal that arertext due an-'the note, on .the f#rst day of any mor.ih prior td <br />maturity: .Provided, however, That written notice of an intention to exercise such privilege <br />is ..given aE teastthirty {3p) days prier to prepayment. <br />2. That the hbrtgagar will pay ground rents, taxes, assessments, water rates, and <br />other governmental or rspuaicipal charges, fines, or imposStions, for which provision has <br />not been made hereinbefore, and-in default thereof the Mortgagee may pay ;the same; and that, <br />the Mortgagor wilt procq'itly deliver the official receipts therefor to the iiortgagee. <br />3. The ttortgagar will pay all taxes which may be levied agora the Mortgagee's <br />interest in said real estate and improvements, and which may be levied upon this mortgage <br />or the debt secured hereby (but only to the extent :.that such is not prohibited by law .and <br />only to the extent that such will not make this loan usurious}, but excluding any income <br />tax, State or Federal, imposed en tbrtgagee, and will file the official receipt showing <br />such payment kith the t4ortgagee Upon violation of this undertaking, or if the Mortgagor <br />is prohibited by any taw now or hereafter existing from paying the whole dr any portion of <br />the aforesaid taxes, or upon the rendering of any court decree prohibiting the.-payment ty <br />the J•tortgagor ar ary such taxes, or if such taw or decree provides that any amount so paid b <br />the ttiortgagor shall be credited ten the mortgage debt:, the h~.rigagee shall have the rign2 to <br />give ninety days` written notice to the cs~n2r of the mortgaged premises, requiring the <br />payment of thA rx?rtgage deaf. If such notice De given, the-:said debt shall become due, <br />L Payable ar~d cclle~±ible a± iheexpirati;:n of said ninety days, <br />~: <br />