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t--' <br /> <br />To HAVE ANZa Ta HOLD the same onto the Rlartgagec, as herein irovided. Martgagoi• represents ta, <br />and covenants with, the Mortgagee, that the Mortgagor has good right to s<sll and convey said premises; <br />that they are free from encumbrance, except as hereinotiaer:r-ise z•ecited ;that the Mortgagor tvili warrant <br />and defend tha same against the la:+•ful claims of all persons :.•hom>oever. `rlartgagor hereby relinquishes <br />ail-rights of homestead, all marital rights, either in fat,' or in equity, and all other caattingent interests ~,rf <br />rile ixic~fo a or in and t0-titG abGvc-desr;riuad ^"°""•°°s. <br />K~ Y ys c.,.,.x, <br />??~~ta~~ 6t,wA?~s, Knd these presents are executed and delivered upon the faLtawfng conditions, to <br />wit: <br />t~Tortgagor agreesto pay to the i4foxrtgagee, ar order, the afornsaid principal sum :t•ith interest from dale <br />at the x°ate of Nine amid arie half per centum {g, 5 ice) p°r annum an the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Mortgage Plus Inoorporat~d <br />in Engle<,x~od, Co2.arado , or at sueh other place as the holder of the note may designate in <br />writing delivered ar' mailed to the :4fartgagor, in monthly installments of wee--ltzuxds'ed Fiftet~.n aY~ <br />38/200 I3oilars {$ 3~.5, 3g ), commencing on the first day of Fel;ruaxy , 18 79 ,and continuing on <br />the first 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 .iarttzary 2009 ; al3 <br />according to rice terms of a certain prarnissory Hate of even date here:,°ith executed by the said RiGrtgagar. <br />The Mortgagor further agrees: <br />1. He will pay the indebtedness, as hereinbefare provided. Privilege is reserved to prepay at any <br />time, without premium or fee, the entire indebtedness or any Bart thereof not less than the amount of one <br />installment, or one hundred dollars {$100.00), whichever is less. Prepayment in foil shall be credited on <br />the date received. Partial prepayment, other than an an installment due date, need Hat be credited until <br />the next following izz~tallment due date or thirty days after such prepayment, whichever is earlier. <br />2. Together with, and in addition to, the monthly pa_trnients of principal and interest payable under <br />the terms of the note secured hereby, Mortgagor will pay to Mortgagee, as trustee, {under the terms of this <br />trust as hereinafter stated) on the first day of each month until said note is fully paid: <br />{¢} A sum equal to the ground rents, if any, next due, plus the premiums that wi$ 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 which the Mortgagor is notified) less all sums already paid therefor divided by <br />the ntzmber of mantns to elapse before one month prior to the date when such ground rents, <br />premiums, taxes and assessments cvili become delinquent, such st.ins to be held by Mortgr~~ <br />in trust to my said ground rants, premiums, taxes and special arse--scmeiits, - - <br />{b) The aggregate of the amounts payable pursuant to subparagraph {n) and those payable on the <br />note secured hereby, shall be paid in a single payrtlent each iri6iitit, to lee applied to uie faiiaw- <br />ingitems inthe order stated <br />(i) gxround rents, taxes, assessments, fire and other hazard insurance premiums; <br />(ti) interest on the note secured hereby; and <br />(ixt} amortization of the principal of said note. <br />tiny deficiency in the amount of any such aggregate marthly payment shall, unless made goad <br />by the ;4lortgagar prior to the due date of the next such payment, constitute anevent of default <br />under this mei•tgage. At Mortgagee's option, Mortgagor will pay a "fate charge" not exceed- <br />ing four per centum (~l ~"e } of any- installment when paid mare than fifteen {1a} days after-the <br />due date thereof to cover the extra expense involved in handling delinquentpayments, butsuch <br />"late charge" -shall not be payable out of the proceeds of any sale made to satisfy the indebted- <br />ness secured hereby, unless s!zeh peor..eeds are suf5cient to discharge the entire indebtedatessand <br />all groper costs and expenses secured thereby. <br />3. Ff the fatal of the payments made by the Mortgagor under {n) of paragraph ~ prec~ling-shall <br />exc~ ed the amount of paymen#x actually made by the Mortgagee, as trustee, far grauud rents, taxes and <br />assessments or insurance premiums, as the case may be, aueh excess shall be credited by the Mortgagee <br />on subsegtzerit payments to be made by the ;Mortgagor for such items ar, at Mortgagee"s option, as trustee, <br />shaIl be refunded to Mortgagor. If, however, such monthly payments shad not be sufficient to pay such <br />items svheix the same shall became due and payable, then the Mortgagor shall pay to the Dortgagee, as <br />trustee aaiy amount necessary to make up the deficiency within thirty {30) days after written notice-from <br />the Mortgagee stating the aanaunt of the deficiency, which notice znay be given by mail. If at say time <br />the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured <br />heretry, full payment of the entire indebtedness represented thenebY, the h€ortgagee, as trustee, aisall, <br />in computing the amount of aueh indebtedaes& credit t+o the account of the Mortgagor any credit balance <br />accumulated under the provisions of {a) of paragraph 2 hereof. If there shall be a default under any <br />of the provisions of thin mortgage resulting in a public sale of the premises covered hereby, or if the <br />Mortgagee acquires the property otherwise after default, the l4iortgagee, as trustee, shall apply, at the <br />titlse of the commencement of such praeeedin~ps, or at the time the property is otherwise acquired, the <br />.amount then remaining tee credit the Mortgagor under {a) of paragraph 2 preceding; as a credit ~n the <br />iztterest accrued and unpaid and the balance to the principal then remaining unpaid an said Hate. <br />d. The Lien of this instrument shall remain in full force and effect during any postponement or eaten- <br />- elan of the-time of payment-of the indebtedness or any part thereof secured hereby. <br />fi: Ks will pay alt ground rents, taxes, assessments, ware?` :rates, and other gavernmentat or muniei- <br />poi eharge3; tines, or impositions, levied ttpfln N,id pre~isea acid-that he will pay all taxes levied upon this <br />utaietgage, or the debt secured thereby, together-with airy oilier taxes or assessments which may be levied <br />:under the Ia~vs of 23ebraska against the Mortg&geer or the legal balder of said principal note, on account of <br />this indebtedness, except when payment far. all such-items has theretofore been made under (a) of para- <br />graph ~ hereof, and lie wilt promptly deliver the official receipts therefor to the Mortgagee. In default <br />thereof the Mortgagee may pay the came. <br />