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r-`° <br />78-®~~~1~~~ ~ 9 <br />To HAVE arrn To HoLfl the same unto the Mortgagee, as het•ein uro~°ided. Mortgagor represents to, <br />and covcnantg tc•ith, the Mortgagee, that the i4tortgagor has good right to sell and convey said premises; <br />that they are free from encumbrance, except as hereinother« ise recited ;that the Mortgagor tt•i1i warrant <br />and defend dte same against the lawful claims of all persons s+•homsoever. Mortgagor hereby relinquishes <br />alt-rights of homestead, all rnax•ital rights, either in law or in equity, and x11 other contingent interests of <br />the &SortgaQor in and tr, ttte above-described"premises, <br />l~AOETiDTSU ALVVn'rs, and these presents-are executed and delivered upon the following conditions, to <br />wit: <br />14iortgagor agrees to pay to the Mortgagee, or order, the afores<id principal sum with interest from date <br />at the rate of nine and one half--- per centum {9.5{f"e} ann t n t oa d balance ntil aid. <br />`T`he said principal and interest shall be payable at the office of ~~rst ~ec~era~ ~~v~ngs and ~.oarxp <br />in Lincoln, Nebras"ka , or at such other place as~~e~io~c~er o°ffthe Wort°eitntay designate in <br />writing delivered or maned. to the Mortgagor, in monthly instaltntents of THREE 1i13NDItEB TWO ANIa 71J100 <br />Dollars ($ 302.71 ), commencing on the first day of February ,19 79 -,and continuing an <br />the fix•st day 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 ;alt <br />according to the terms of a aert,„in pr•omiss.^r;• Hate of even date hez•ett•ith execu=ted by the said Mortgagor. <br />The Mortgagor further agrees <br />1. He will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any <br />time, without premium or fee, the entire indebtedness or 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 he credited on <br />the date received. Partial prepayment, other than an an installment due date, need not be credited until <br />the next following installment due date or thirty days after such prepayment, whichever is eaztier. <br />2. Together with, and in addition to, the monthly payments of principal and interest payable under <br />the terms of the note secured hereby, Mortgagor will pay to Mortgagee, as trustee, (under the terms of this <br />trust as hereinafter stated} on tits 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 tz-hieh the Mortgagor is notified} Tess alt sums already paid therefor divided by <br />the number of monti,s to elapse before one month prior to the date when such ground rents, <br />premiums, taxes and assessments will became delinquent, such su3ns to be held lay l~ortga~e <br />in trust to pay said ground rents, premiums, taxes and special assessments. <br />{b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable an the <br />Hate secured hereby, shall be paid in a single pav^:eP.L eaett man±lx, to -„~ applied to the fctt<;w- <br />ing hems in the order stated <br />{i} ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />{u} interest on the note secured hereby; and <br />(iii) amortization of the grincipai of said no*..e. <br />Any deficiency in the amount of any- such aggregate monthly payment shall, unless made goad <br />by the Mortgagor prior to the due date of the next such payment, constitute an event of default <br />under this mortgage, At Mortgagee's option, ~fartgagor will pay a "laic charge" not exceed- <br />ing four per eentum (4 ~j'c } of any installment ~z%nen paid mare than fifteen { 1~) days after the <br />due date ±hereof to eaver° the extra expense involved in handling delinquent paymxents, but such <br />"late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebted- <br />ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and. <br />all proper costs and expenses secured thereby. <br />3. Tf tine 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 Mortgagee, as trustee, for ground rents, taxes and <br />assessments or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee <br />on subseginextt payments to be-made by the Mortgagor far such items ar, at Maxtgagee's option, as trustee, <br />shall be refunded to Mortgagor. If, however, such monthly payments shall not be sut'fleient to pay such <br />items Evhen the sauce altall' become due and payable, then the Mortgagor shall gay to the Mortgagee, as <br />trustee, any amount necessary to make up tlxe deficiency within thirty (30) days after written notice fronn <br />the Mortgagee stating the amount of-the deficiency, which notice may be given by mail. If at any-time <br />the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note seegred <br />hereby, foil payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shad, <br />in computing the amount of such indebtedness, credit to the account of the iortgagor any credit balance <br />accumulated under the pxavisians of {a) of paragraph 8 hereof. if there shall be a default under any <br />of the provisions of this mortgage resulting in a public sale of the premises covered hereby,. or if the <br />Mortgagee acquires the property athersvise after default, the Martgagee, as trustee, shall apply; at the <br />tinse of the camanencement of such proceedings, or at the time the property is otherwise acgxxixeEl, the <br />saTount. then remaining. to credit the Mortgagor uixder _{a) of paragraph 2 precedinng, as a credit on Mdse <br />interest flcc~•u;e~3 and unpaid and the balance t<s the-principal then remaining unpaid on said note. <br />4. Itte lien of ibis instrument shelf remain ip full force and effect during any postponement or enrten- <br />r~ion of the time of payment of the indebtedness ur any part thereof secured hereby. <br />b. Fie mill pay alI ground rents, taxes,. assessments,. ~ater_ rates, and other governmental or munici- <br />pal charges, Rees; or iniposititrns, leviet~ upon said nSises and-'that he will pay all taxes levied upon-this <br />mortgage; o; the debt secured thereby, together with slay other takes or assessments which may be levied <br />ixnder the IawsnfNel±raska againstthe Mortgages; or the iega2 holder of said principal note, on account of <br />this indebtednesls, except when payment for all Bach items has theretofore been made under (a} of para- <br />graph 2 hereof, and he wiII promptly deliver the official receipts therefor to the Mortgagee. In default <br />thereof the Mortgagee may pay-the same. <br />