|
~~
<br />- ors .. ----_ _ ...
<br />.;~~_ `$~ --, a Second mortgage ,
<br />_ w(!C?32.t33 111aRT£~:~Ct ~ for
<br />_ Kith Addendum,. for Re ` Section 235 Cases'..
<br />_ payment of Section 235 Assistance ~' 1 j
<br />- ~. _r.:
<br />THTS MORTGAGE, made and executed this 30th day ofi July A.O.
<br />19 82, by and between Donald P. Drahota and Jane M. 6rahota, husband and wife
<br />of the County of Ha11 •, and State of Nebraska, party of the first par:
<br />hereinafter called the tortgagor and the Secretary<of the 'Department of'Housing and
<br />- Urban Development
<br />party of the second part, hereinafter called the Mortgagee.
<br />tiITNESSETH: That the said Mortgagor, is justly indebted to 'the Mortgagee i'n the
<br />principal sum of One hundred twenty 'thousand six hundred and No/1O~ollars !S 120,600.00
<br />which principal um will not exceed an amount computed undzr the terms of the Note
<br />executed by said~Mortgagor on July 30, 1g82 with interest, in
<br />accordance ~~rith said Note. That as security for said Note the tortgagor does by these
<br />presents Grant, (3argain, Sel , Convey and Confirm unto the Mortgagee', its successors and
<br />assigns the following described real estate-situated in the Couh y of Hall
<br />State of tlebraska, to wit Lot Five {~,) Potash Subdivision, Hall County, ?rasa V
<br />TO HAVE AND TO HOLD the premises above described, wi h ail the appurtenances
<br />thereunto belonging and including all: heating, plumbing and lighting fixtures and equip-
<br />- ment now: or hereafter-attached to or. used in connection with said real estate unto the
<br />_, Mortgagee, and to its `successors and assigns, forever. The Mortgagor represents to, and
<br />covenants with, the hbrtgagee; that 'the Mortgagor has gaod'right`to sell and convey said
<br />premises; that they are fees from encumbrance, except for an FHA first mortgage; and that
<br />the 1ortgagor will warrant and defend the same against the lawful claims of all persons
<br />_ whomsoever; and the said Mortgagor hereby relinquishes all rights of homestead, and all
<br />marital rights, either. in law or in equity, 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, inc}uding all rights of homestead, and other rights and
<br />interests as aforesaid.
<br />PROVIDED A1.41AYS, and these presents are, executed and `delivered upoh the following
<br />conditions, to ~•,it:
<br />The 1ortgagor agrees to pay to the Mortgagee, or order, the principal sum of
<br />One hundred twenty thousand stx hundred and No/100--------Dollars (E12C,600.00
<br />with interest as provided in the Note dated July 30, 1982 and executed 6y t+lortgaoor
<br />The Mortgagor in order more ful y to protect the security of~this t•1ort9aoe, agrees-:
<br />1. That he will pay the indebtedness, as hereinbefore provided.. Privilege fs
<br />reserved *_o pay the debt in whole, or in an amount equal"to one or more monthly paymen±s
<br />on the principal that are next due on the note, on the first day'of any month prior to
<br />maturity: Provided, however,.That written notice of an intention to exertise such privilec
<br />is given at least thirty (30) days prior to prepayment. y
<br />2. That the Mortgagor will pay ground rents, taxes, assessments, water rates, and
<br />other governmental ar municipal charges, fines, or impositions, for which provision has
<br />not been made hereinbefore, and in default thereof the Mortgagee may pay the same; and that
<br />the Mortgagor will promptly deliver the official receipts: therefor. to the tortgagee.
<br />3. The Mortgagor wilt pay all taxes which may<be levied upon 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 on 'lortgagee, and will fiile the official receipt showing
<br />such payment with the Mortgagee. Upon violation of .this undertaking, or if the Mortgagor
<br />is prohibited by any law now or hereafter ersting from paying the whole`or any :portion of
<br />the aforesaid *_axes, or upon the rendering of any court decree prohibiting the"payment ;by
<br />the t•lortgagor cr any such taxes, or if such law or decree provides that any amount so paid
<br />the Mortgagor shall be credited on the mortgage debt, the Mortgagee shail`have_the right to
<br />give ninety days' written notice to the owner of the mortgaged premises, requiring the°
<br />- payment of the mortgage debt. If such notice be given, the said debt shah .become due „; `,
<br />payable and r_ollectible at the expiration of said ninety days. •
<br />
<br />
|