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<br />.. _~ 82.._tl C~ 3 773; ~'~ F-~,~_ - ~- , <br />• . ,. <br />• " SecortdP4ortgage <br />' ° (l~~R ti,{~i:v[T ~ j for <br />With Addendum, .far kepayment of Section 235 Assistance ~ Section 235 Cases j <br />~: ~ _-, <br />THiS P~RTGr1GE, made and executed' this 3lstday ~of August q,p, <br />i9 62 by dnd bef+,eeq Jan A, Rath and Judy: J, Rath, lw sfiand and wife <br />cf the County cf r3aT1 ,.and State of Pebraska, party of the first pert <br />hereinafter called the Ftor,gagor and the Secretary of the :Department of Hbusing,and` <br />Urban, Development <br />party of the second part, hereinafter ca37ed`the Mortgagee. <br />tlITNESSETH: Thal the said Mortgagor, is justly indebted to the Mortgagee in the <br />principal Sum of One hundred"twenty two thousand forty and No/100th~llarS ;5122,040.00 ) <br />which principal sum wi71 not exceed-an amount computed under the terms of` he PEote <br />executed by said Mortgagor on August 31,'1982 <br />, with interest, in <br />accordance with said Note. That as securityfor said Plnte,the tortgagor does by, these <br />presents_6rant, (3argaira Se11, Convey and Confirm unto the Mortgagee, its'successors and <br />assigns the foilor~ing described real estate situated in the County of Ha1T <br />State Of Nebraska, t0 wit Lot ForCp (40} in Castle Estates: Subdivision, Ha11 County, <br />Nebraska <br />TO HAVE APtD TO HOLD the premises above described, with all 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 Mortgagee, `that the Mortgagor'has good right i:o sell'~nd convey said <br />premises; that they are<feee from encumbrance, except for an FHA first :nortgage;'and that <br />the Mortgagor gill warrant ann defend` he same against the .lawful claims of all persons <br />whomsoever; and he said Mortgagor hereby relinquishes all rights;of homestead, and all <br />marital eights, either in law-or in'equity,'and all other contingent interests of the <br />l~ortgagor,in and'to the above-described premises, the intention being to convey hE~'eby an <br />absolute title, in fee simple, including all rights of homestead, anal other rights and <br />interests as aforesaid, <br />PROVFDEJ AL1tAYS, and these presersts are executed and deljvered upon the following <br />conditions., to wit: <br />The lAOrtgagor agrees Lo pay to the Mortgagee, or• order, the principal sum of pr,e hundred <br />trarenty trro thousand forty and "1ollODths--- ~_Dollars ($ 172, 04 G. DO ), <br />with jnterest as.provided in the tiote dated s..g„Qr at,-taa~ and executed by tlortgaaor <br />The Mortgagor i;i ardor rare fully to protect the security of this P1or`tgage, agrees: <br />1. That hP will pay the indebtedness, as hereinbefore provided. Privilege is <br />reserved to pay the debt in whole, or in-an amount equal to one dr more monthly payments <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 no±ice of an intention to exercise such privilege <br />is given at least thirty (30) days prior to prepayment. . <br />2. That the Mortgagor will pay mound rents, taxes, assessments., water rates, and <br />other governmental or municipal charges, fines, or impositions, for which provision has <br />not been Wade hereinb~fore, an6 in default thereof the Mortgagee may pay'iFre same; and that <br />the Fbrtgagor will promptly deliver the official receipts therefar_to the'tlortgayee. <br />3, The tortgagor will pay a1T taxes which may be levied upon the Martgagee''s <br />interest in said real estate and imprcvements, ar,d which may be levied upon. this nrortgagc <br />or the debt Secured hereby (but only to the extent .that such is not prohibited by-law and <br />only to the extent Lhat such will not ,r>r.ke this loan usurious}, but exeluding any income <br />tax, State or Federal, imposed on Mortgagee, and will fire the otFjcial receipt showing.. <br />such payment vrith the ?~iortaagee. Upon violation of this undertaking, ar if the Mortgagor <br />is prohibited by any law now or hereafter exisiiny from paying the-whole cr any portion'of <br />the aforesaid taxes, or open the rendering of any court decree prohib~tin~i the payment by <br />the Ptortgagar or any such taxes, ar if such lax or decree provides that any amount so paid t~~ <br />the tb rtgagor shall be r, re dited on the nartga,e debt, the MOr•tgag8e shell have the rinh:ti to <br />give ninety days' written notice to the owner of the mortgaged premises, requiring the <br />payment of the ,nortgage debt. If such notice be given, the said debt shall becorie due, <br />payable and enllectible at the expiration of said ninety days. <br />