|
78--~~Ci~+3~~7
<br />To HAVE acre To Hoa.a the same unto the RS«rtgagee, as herein provided. Mortgagor represents to,
<br />and covenants with, the Mortgagee,-that the Mortgagar has goad right to sell and convey said premises;
<br />that they are free from encumbrance, except as hereinotiaerGCise recited ; the+, the Martgagor will warrant
<br />and defend the same against the lawful claims of atI Persons whomsoever. Mortgagor hereby relinquishes
<br />-all rielat<g of homestead; all marital rights; either inlaw or in equity, and ail other contingent interests of
<br />a~ as „gager in and a the a:, G-descra„ed pre ais~.
<br />vTa~ AbtV~ys, a~ca tlaeseprec;ntsareexe~uted and delivered upon the fallowing corditians, to
<br />-wit:
<br />Itfartgagor agrees to pay to the Rortgagee, or order, the aforesaid principal sum with inteaesL from date
<br />at the rate of Nine azsd. one half per centum (9.5 ",v) Per annurri an the unpaid balance until paid.
<br />The said principal and interest shall be payable at the office of Mortgage Plus Inr±orporated
<br />in Engletiaod, ~lorado , or at such other place as the holder of the note may designate in
<br />writing delivered or mailed to the Mortgagor, in montiaiy installments of ZWO-hundred Eighteen aaul 66/1001
<br />Dalltus ($ 218.66 }, commencing on the first day of February ,19.79 ,and continuing on
<br />the first doe of each month thereafter until said note is fully paid, except that, if not sooner paid, the final
<br />Payment of principal and interest shall be due and payable on the first day of January 2009 ;all
<br />according tta the terms of a certain promissory note of even date herewith executed by the said Mortgagor.
<br />The Martgagor further agrees:
<br />1. He will pay the indebtedness, as hereinbefare provided. Privilege is reserved to prepay at any
<br />time, as~thout premium ar fee, the entire indebtedness yr any part thereof not less than the amount of one
<br />installment, or one hundred dollars ($100.00}, whichever is less. Prepayment in full-shall be credited an
<br />the date received. Fartisi prepayment, other than on an installment due date, need pat be credited until
<br />the next following installment due date er thirty days af*..er such prepayment, whichever is earlier.
<br />2. Together with, and in addition ta, the monthly payments of principal and interest payable under
<br />the terms of the note secured hereby, Mortgagar will pay to Mortgagee, as trustee, (under the terms of dais
<br />trust as hereinafter stated) on the first day of each month until said note is fully paid
<br />{a) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due
<br />and payable on policies of fire and other hazard insurance covering the mortgaged property,
<br />plus taxes and assessments next due on the mortgaged property (all as estimated by the Mort-
<br />gagee, and of lehich the Mortgagor is notified} Iess ail sums already paid therefor divided by
<br />the number of months to elapse before oaae month prior to the date when such ground rents,
<br />premiums, taxes and assessments will became delinquent, such sums to be held by ~fort~--we
<br />in trust }•~ nay said ground rents, premiums, taxes and special assessments
<br />(5} The aggregate of the amounts payable pursuant to subparagraph (a) and those payable on the
<br />sate secured hereby, shall be paid in a single paymnni each month, to be applied to the folloev-
<br />ingitems inthe order stated
<br />(I} ground rents, taxes, assessments, fire and other hazard insurance premiums;
<br />{u} interest an the Hate secured hereby; and
<br />{ici) amortization of the principal of said note.
<br />Any deficiency in the amauat of any such aggregate maathiy payment shalt, unless mane goad
<br />by the l4fortgagar prior to the due date of the next such payment, constitute an event of default
<br />under this mortgage. At Mortgagee's option, Itiortgagor will gay a "late charge" not exceed-
<br />ing four per centum (4~0 } of any instals n-,ent when paid mrsre than fifteen (lsi}days after the
<br />due date thereof to cover the extra exprnse involved in handling delinquent payments, butsuch
<br />"late charge" shalt not be payable out of the proceeds of any sale made to satisfy the indebted-
<br />ness secured hereby, topless such proceeds are suflicier.± to discharge the entire indebtedness and
<br />all proper costs and expanses secured thereby.
<br />3. If Lhe total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall
<br />exceed the amount of payments actually made by the IYfortgagee, as trustee, far ground rents, taxes and
<br />assessments ar insurance premiums, as the case may be, such excess shall be credited by the Mortgagee
<br />an subsequent payments to be made by Hoe Mortgagor far such items or, at Mortgagee's option, as trustee,
<br />shall be refunded to Mortgagor. If, however, such monthly payments shall not be sufficient to pay suela
<br />items when the same .shall became due and payable, then the Martgagor shall pay to the Mortgagee, as
<br />trustee, any amount nesesaary: to make up the deficiency within thirty (303 days after written notice from
<br />the Mortgagee stating the amount of the deficiene;•, which notice may ~ given by mail. if at any time
<br />the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured
<br />hereby, full payment of the entire indebtedness represented thereby, the Mortgagee as trustee, s6aIl,
<br />in aomputing rile amount of such indebtedness, credit to the account of-the Martgagor any credit balance
<br />accumulated under the provisions of (d) of paragraph 2 hereof. If there shall be a default under any
<br />of the provisions of this- mortgage resulting in a pubIia sale of the premises covered hereby, «r if the
<br />Mortgagee acquires the property otherwise after default, the. Mortgagee, as trustee, shall apply, at the
<br />-tires of the commencement of such proe~ed3axgs, or a~ the time the property-is-otherwise acquired,-the
<br />amount then remaining to credit the, M+~rtgagiar under (a).of paragraph 2 preceding, as a credit on the
<br />inreat acertaed and. unpaid aaad the balance to the principal tlaca' remsining unpaid. on said pate.
<br />4. Tlao'lien of-this instrument shall remain in frill force and effect during any pcistponement or eaten-
<br />- .sign crf the time (if payztaent of file indebtedness-at any-part tlaereaf secured hereby.
<br />' 5. Ile will pay all ground rents, taxes, assessients, water rates, aatd other governmental or munici-
<br />psI char, lines; ar iaspositions, levietl;tapor, said praxamises and that he will-pay all taxes levied upon this
<br />raartgage. or the debt secured thereb}, together ~4~ith any other taxes or assessments which may be levied
<br />u ncle e lire laws of Iv*el>raska against the Mortgagee; ar the legal holder of said priiicipai pate, on account of
<br />this i;adel>tedaess,_except when payment for alI such items has theretofore been made under (¢) of para-
<br />graph 2 hereof, and he wilt promptly deliver the official-receipts therefor to the Mortgagee. In default
<br />thereof the Mortgagee may pay the same.
<br />
|