<br />-` y~f~.
<br />Second t4ortgage
<br />_ i`J~~~~~~i: y~ z , for '
<br />} Section 235-Gases
<br />with Addendum, .for Repayment of Section 235 Assistahce ~• f
<br />I
<br />THIS MCRTGASE,-made and executed'thi5 31st day>`of August „,~~,
<br />]g S2 by and bete+een Michael D. Spilinek'&'Denise A. Spilinek, husband and wf e
<br />of the ;:runty of i3a11 ,_and State of Ptebraska, party-of the first part
<br />ii"ereinafter called the lortgagor and the Secretary of the Department of Wausing and•
<br />Urban.Development
<br />party of the second part, hereinafter called the hlbrtgagee;
<br />i•~'IThESSETN: That tha said Mortgagor, is justly indebted to th M*.p,r,r// e i'h the
<br />princ,pal stun of pne hundred eiglrtaen thousand four hundred :forty a~TT3~~s118,440.OG
<br />Y~h2cn prir;tipaT'sum wii7 not exceed an amount computed under the '..terms of the Flote
<br />executed by said:M~rt~agor on August 31.` 182 ,with interest, in
<br />accordance s-+ith said Note. Tt?a: ~s security for said taote the iiartgagor'does by these
<br />- presents Grant,'3ar7ain, Sera, Convey and Confirm unto the Mortgagee, its-successors and
<br />assigns the following described real estate situated in the County: of Ball
<br />State anfd'~E~2xb~r1a5kcd, t0 wlt I.ot Thizty Six {36), Wolf e's,Subdivison, City o 'ran
<br />~~0 NAVE At`tOP~~t~~lDethesp emises above described, with all the appurtenances.
<br />thereunto belnnging and including all-heating, plumbing and lighting fixtures and equi~-
<br />ment now ar hereafter `attached to or used in consiec ion with said real estate unto 'the
<br />.~Srrtgagee, and'ta its successors ana-assigns, forever. The hiartgagar represents to, and
<br />Lnveriants r+ith, the,P•Sortgagee that `the 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 Iorgagor will warrant and defemd the same against the lawful ciai,as of all persons
<br />wham~soever; and the said Mortgagor trereby re]inquisties all rights of homestead, and all
<br />r;~arital rights, either in law'ur in equity, and all other contingent interests of the
<br />Mortgagor in and to the above=described premises, the intention being to convey herepy ,sn
<br />absolute title, in fee'simple, including all rights of hornestead,'and other right:, and
<br />interests,as aforesaid;
<br />PRQ1iIdE0 Al,i<tAYS, and these presents are executed and delivered upon the following
<br />.conditions. to wit;
<br />The ttnrt,agor agrees to pay to t#~e Mortga~Ae, or order, the principal sum of one i,~ndr~=r1
<br />eig,ltteen tlzvusand fcur tundred:fortgr,a,nd F:oJ2Oflths-----_---_- col #ar5 ($ 118,440.00 ' ,
<br />with in±e rest as ;provided in the Note dated August 31, 1982 and executed by Mortgagor
<br />The Mortgagor in order mare fully to protect 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 whale, nr in an-amount equal to one ar rrtare monthly payments
<br />on thc'. principal that are next'dtle on the node, on the first day of any month prior to
<br />maturity: Provided, however, That written notide of an intention to exercise such privilece
<br />is given at least thirty {3t1} days prier to prepayment.
<br />2. That the Mortgagor wall pay ground rents, taxes, assessments, water rates, and
<br />other governr;~ntal or municipal charges, fines, or tmpasitions,.far which provision has
<br />not been rradQ hereinbefore, and in defau3t thereof the Mortgagee E:ray pay the same; and that
<br />the !•brtgagor will pror,:ptly deliver the official receipts there=for to the ltiartgagee.
<br />3. The flortgagcr will pay all taxes which Tay be levied upoFt-the Mortgagee's
<br />interest in said real estate and ir~provetttents, and which may be levied upon this rrrnrtyage
<br />or the debt secured n.~reby (but only to the extent that ouch is net prohibited by law and
<br />• cniy to the extent that s:ich will noL make this laan,usurious),'but exc3uding any inec~me
<br />tax, State or Federal, imposed on !tortgagee, and ,•rill file 'the official ~eceiptshowira
<br />such raayrent '.+i th the d~3ortgagee. Upon ~iniation of this unoertak'ng, or if CheMOrt•~accr
<br />is prohibited by anylaw now or hereafter existing frori payir,,g the o-+n~le or any pnrLion of
<br />the aforesaid taxes, or upon the rendering of any cor:rt dogree prohibiting the ,:ay :r,t by
<br />the !•tortgagor or any such taxes, or it sash ia~.+ c•r decree provices that any amount sa paid 9p
<br />tr,e tbrtgar~or shall he credited on the .a•-;gage d2ot, the `~Sortna•:+~=c shall Piave the ri~.ht trJ
<br />give ninety days' written notice to the ~ her *he r.u tcay~d Freirises, regain ng tP.e
<br />( payae ,t of trio r:.ort,age debt. li such: n~tuk :.e .Jon tl~ said debt it,ail bdcRirK due,
<br />t,° pdyahie and collec:ib;e zt the expirati~r~ of slid r,rrE.y stay,.
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