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~--- <br />~ ~~~~~ <br />7G"~a i%xve' wlrtr'Tlo lit~x the mazne unt€r tkae ;h!'ar;gagee, as lierr:in. farar,°id~il. Mortgagor represenl~a tx~~, <br />sad covenants wsth, the Mortgagee, that the 34ortgaglr has good riglsi to sell and convep said pterrtises; <br />that they are free from encumbrance, except as herein ~therwiae rcrited ;that the 1•iortgagor will warrant <br />and defend the same against the lawful claims of all persons whomsoever. >+iortgagor hereby relinquiahea <br />all rights of homestead, all marital rights, either in law or is equity, and all other contingent iatsreats of <br />the Mortgagor in and to the above-described premises. <br />PHt~vIDaa ALWAxs, and these presents are ezecuted and delivered upon the following conditions, to <br />wit: <br />Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at tlxe rate of nine & me-half per centum (9.5{F/o} per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of id:st~e plus Isx~pr~iated <br />in Fisgl~aood, tblorado , or at such other p"uux as the holder of the note may designate in <br />writing de&vered or mailed to the Mortgagor, in monthly installments of die Atasdred Eic~tty ~ g2~i00ths <br />U011IIE3 (; i$v. °02 ), l:i/f11n1en~lnK Un t[le ItI'3t u5y of icy is i9 sand vents.^.::wg ~^ <br />the fu~at say 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 April , 2009 ;all <br />according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. <br />The Mortgagor further agrees <br />1. Fie will paq 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, ar one hundred dollars ($100.00), whichever is less. Prepayment in full shall be credited on <br />the date received. Partial prepayment, other than on an installment due date, need not be credited until <br />the nea# following installment due date or thirty daps after such prepayment, whichever is earlier. <br />2 Together with, and in addition to, the monthly payments of principal sad interest payable under <br />the terms of the note secured hereby, Mortgagor will gay to Mortgagee, as trustee, (under the terms of this <br />trust as hereinafter stated) on the first daq 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 />glue 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 number of months to elapse before one month prior to the date when such ground rents, <br />premiums, taxes and assessments will become delinquent, such sums to be held by Mortgagee <br />is trust to pay said ground rents, premiums, taxes and special assessments. <br />(b) The aggregate of the amounts payable pursuant to subparagraph (c) and those payable on the <br />cote secured hereby, shall be paid in a single payment each month, to be applied to the follow- <br />ing items inthe order stated <br />(i) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(II) interest on the note secured hereby; and <br />(ut) amortization of the principal of said note. <br />Any deficiency in the amount of any such aggregate monthly payment shall, unless made good <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, Mortgagor will pay a `late <br />lag four per centum (4%a) of any instaIImeat when charge» sot exeeed- <br />paidmerethan fifteen (i5) days after the <br />dtu! date thereof to cover the extra expense involved in handling delinquent payments, but such <br />'late charge" shall not be payable out of the proceeds of any sa]e made to satisfy the iadebted- <br />neassecured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and <br />all proper coats and expenses secured thereby. <br />8. If the total of the payments made bq the Mortgagor under (a) of paragraph ~ preceding shall <br />eaceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and <br />asseaamenta or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee <br />on subsequent payments to be made by the Mortgagor for 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 such <br />items when the same shall become due and payable, then the Mortgagor shall pay to the Mortgagee, as <br />trustee, any amount necessary to make up the deficiency within thirty (30) days after written notice from <br />the Mortgagee stating the amount of the deficiency, which notice may 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 />hereby, fnU payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, <br />in computing the amount of such indebtedness, credit to 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 f~ proviaiaas of this mortgage reanltiag in a public sale of the premises covered hereby, or if the <br />Mortgagee acquires the property otherwise after default= tlse Mortgagee, as trustee, aha31 apply, at the <br />time of the t ~ such proceedings, or at the time the property is otherwise acquired, the <br />amamt ~n ;reaoasining to credit the Mortgagor under (a) of paragraph 2 Preceding, sa a credit on the <br />interest a sudsuapaid and the balance to the principal then remaiaiag unpaid on said note. <br />1. The"ilea ad this 3nstrmaeut shall remain in full faros and effect during any pcetpoaement ar exten- <br />~sion~EK a# the indebtedness or say part thereof secured hereby. <br />6. Me~pay~ a~gronmi rests, taxes, asaesenneats, water rates, and other governmental or munici- <br />pal . fhsce. or impositiensa, ivied npoa said premises and that he wiU pay all taxes levied upon this <br />. os the debt secured thereby, Nether with any other taxes or assessments which maq be levied <br />under tiles hrva n# Nebraska agaia~tthe Mortgagee, oP the legal holder of said princi~l note. on account of <br />Ellis . ezeep# whoa pay.t for all such stems has theretofore been made under (a) of para- <br />gsaph 2 herso~ sad he will promptly deliver the oiRciai receipts therefor to the Mortgagee. Ia default <br />° t'nerenf the Mortgagee may pas fire same. <br />~,. <br />