|
<br />- ,~ ~ Second JlorLgage
<br />' i11t~R': ~-; qf~ ~ ~ far
<br />With RddenQnm,.for Repayment of Section 235 Assistance - i Section 235 Cases
<br />i _~
<br />• TNF5 hK1RTC~GE, made and executed this 30th day of July. A D.
<br />l9 82 by and-hetoreen Gary M. Pliachel-1 and Shirley Mitchel'1, husband and wife
<br />of the County of Nall •, and State of Nebraska„ party of the first Fart
<br />hereinafter called the t~tortoagor and the Secretary of the Department`of Housing .and
<br />.Urban Development
<br />party of the second part, hereinafter called the Mortgagee.
<br />:1TTNESSETN: That the said Mortgagor, is justly indebted to the Mortpaoee.`in the
<br />principal sum of 6ne hundred twenty two thousand forty and-No/2:00- pollars {g 122,040.00
<br />which principal sum will not-exceed an amount computed under the terms of the Note
<br />executed by skid Mortgagor on July 30, 1982. with interest, in
<br />accardante with said Note. That as security for said Wote the tlortgagor-does by these
<br />presents_Grant, bargain, Sell, Convey 'and Confirm unto the ttartgagee, its successors and'
<br />assigns the falloaving described real estate situated in the County of Hall
<br />State of Ptebraska, to-wit .Lot Ten (10}, Potash Subdivision, Ha11 Caunty> Nebras a
<br />TO HRVE RND TO HOLD the-premises above described, with all ,the appurtenances
<br />thereunto belonging and inr-lading all heating, plumksing and lighttng fixtures and equ~a-
<br />ment now;^r hereafter attached to>or used i`n connection with said real esta*,e unto the
<br />Mortgagee.; and to its successors and assigns, forever. The tlortgagor represents to, and
<br />covenants with, the ^><+rtgagee,, that the Mortgagor has goad right to sell and convey said
<br />premises; that they are feee.fram encumbrance, except for arr fNR'first,mortgage;,artd t~r_t
<br />the Mortgagor will warrant and defend the same against the lati~iful claims at all persons
<br />Eihomsoev~r; and the said Mflrtgagor hereby reTinouishes all rights'of homestead, and all
<br />marital rights, either in law ar in equity, and all other contingent interests of°the
<br />t4ortgagor in and to the above-described premises, the intention being to convey hereby an
<br />a5solute-Litle, in fee`simpie, inc'uding alt rights of homestead; and other rights and
<br />interests as ditsresdid.
<br />PROVIDED RL~AvS, and these presents are executed and `delivered upon the folio+•ring
<br />conditions, to suit:
<br />The t•lartgagor agrees to pay to the Mortgagee, or'arder, the principal'sum of One
<br />hundred twenty two thousand forty and NOIIOO----------.--- pollar•s {5 122;OA0.00
<br />with jnterest as provided in the Note dated .July 3O, 1982 and-executed 'by 14ortgaaor
<br />The Mortgagor in order more fatly to protect the security of this ttortgaae, aorees:
<br />1. That he wi11 pay the indebtedness, as hereinbefore provided. Privilege is
<br />reserved to pay '~.he debt in whole, or in an amount equal to one ar mare monthly payments
<br />on the principal that are next due on the note, on the firs t: day of any month prior to
<br />matua-ity: Provided, however, That r,ritten notice of an intentiorv to exercise such privi'ac
<br />is given at. least thirty (3O) days praor to prepayment.
<br />2. That the Mortgacgor w9ll pay ground rents, taxes, assessments, water rates`, and
<br />other governmental or municipal charges', fines., or impositions, for which provision-has
<br />nct been Bade hereinbefore, and in default thereof the Mortgagee may pay the same; and thaw
<br />the tlortgagor wil3 pram¢tly deliver the official receipt, therefor. to the Mortgagee.
<br />3. Fhe ttartgagar will pay_all taxes which may be levied upon the t~fortgagee'S
<br />interest in said real estate and improvements, and iahich nay be levied upon this mortgage
<br />ar the debt secured hereby (but only to the extent that such is no:t prohibited by law and-
<br />only to the extent that such will hat caake this loan usurious), but exc]uding any .jncame
<br />tax, State ar Federal, imposed on ttortoagee, and avi11`file the official receipt showing
<br />such payment kith the J~tortgagee. Uta^ violation of this undertaking, or if the Mortgagor
<br />is prohibited tsy any law haw or hereafter existing from paying the ~rhole or, any portion of
<br />the aforesaid loxes, ar upon thQ rendering of any court decree prohibiting the payment by
<br />the Ftortna~or or any such taxes, or if such law or decree provides` hat any-amgunt_so pajd
<br />the 'tortgaeor shall be r_redited on the mortgage debt, the t~4ortgaciea shall Jsave the right to
<br />dive ~~r.ety da;rs' wrrEten notice to the owner ~f the mortgaged premises, reGuiririg the
<br />L ~3Y.~~n;. ci the -art,~ge debt. If Such notice be oiven, the ..said debt shall. become due,
<br />payab.e and cotlec.t,al.~ at the expiraton,of said~njnety days..
<br />t,
<br />
|