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<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,. <br />