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79-'•u (~ 31 ~ $ To HAVE Axn To HoLn the same unto the Mortgagee, as herein provided. Mortgagor represents to, and covenants with, the Mortgagee, that the Mortgagor has good right to sell and convey said premises; that they are free from encumbrance, except as hereinotherwise recited; that the Mortgagor will warrant and defend the same against the lawful claims of all persons whomsoever. Mortgagor hereby relinquisiies all rights of homestead, all marital rights, either in law or in equity, and all other contingent interests of the Mortgagor in and to the above-described premises. PROVIDEn ALWAYS, and these presents are executed and delivered upon the following conditions, to wit: Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest fram date at the rate of Ten per centum (10 , c) per annum on the unpaid balance until paid. The said principal and interest shall be payable at the office of Mortgage Plus Incorporated in Englewood , Colorado , or at such other p',acc as the holder of the note may designate in writing delivered or mailed to the Dortgagor, in monthly installments of Two hundred Forty Four &08/11 Dollars ($ 244 . O8 ),commencing on the first day of July , 19 '79 ,and continuing on the first day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final payruent of principal and interest shall be due and payable on the first day of June 2009 ;all according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. The Mortgagor further agrees: 1. He will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any time, without premium or fee, the entire indebtedness or any part thereo# not less than the amount of one installment, or one hundred dollars ($100.00), whichever is less. Prepayment in full shall be credited on the date received. Partial prepayment, other than on an installment due date, need not be credited until the next following installment due date or thirty days after such prepayment, whichever is earlier. v T,,,~*S,e,. mil, ,i i., x,2,7'+ia„ +n +hn monthly pay manta of prinri ~I and intnraat ~yahla ynrlnr the terms of the note secured hereby, Mortgagor will pay to Mortgagee, as trustee, (under the terms of this trust as hereinafter stated) on the first day of each month until said note is fully paid: (a} A sum equal to the ground rents, if any, next due, plus the premiums that will next become due and payable on policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property {all as estimated by the Mort- gagee, and of which the Mortgagor is notified) less al] sums already paid therefor divided by the number of months to elapse before one month prior to the date when such ground rents, premiums, faxes and assessments will become delinquent, such sums to be held by Mortgagee in trust to pay sale ground rents, premiums, taxes and special assessments. (b) The aggregate of the amounts payable pursuant to subparagraph {a) and those payable on the note secured hereby, shall be paid in a single payment each month, to be applied to the follow- ingitems inthe order stated {I) ground rents, faces, assessments, fire and other hazard insurance premiums; (II) interest oa the note secured hereby; and (III) amortization of the principal of said notz. An; deficiency in the amount of any such aggregate monthly payunent shall, unless made good by the llortgagm• prior to the due date of the next such payment, constitute an event of default under this mortgage. At ?Mortgagee's option. 3ortgagor will pay a `'late charge" not ezceed- ing four per centum (4 rc) of any nnstall meat when paid more than fifteen (15) days after the due date thereof to coyer the extra expense incohed in handing delinquent payenenta, but such "late charge" shalt not be payable out of the proceeds of any sale made to satisfy the indebted- ness secured hereby, unless sueh proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured th~~•rby. S. If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall exceed tlSe amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and ssseammenta or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee on s7ibseque~ payments to be made by the Mortgagor for sueh items ar, at Mortgagee's option, as trustee, shall be refunded to Mortgagor. If, however, such monthly payments shall not be sufficient to pay such items when the same shall become due and payable, then the Mortgagor shall pay to the Mortgagee, as trustee; arty xmrw~nt neeessan• to make up the deficiency within thirty (30) days after written notice from the Mortgagee stating the amount of the deficiency, which notice may be given by mail. If at any time the liortgsgor shall tender to the Mortgagee, in accordance with the provisians of the note secured h-y, full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee. shall, is cemputing the amount of sueh indebtedness, credit to the account of the Mortgagor any credit balance scemaulated under the provisions of {a) of paragraph 2 hereof. If there shall be a default under any of the proviaic7na of this mortgage resulting is a public sate of the premises covered hereby, or if the ~ wires the property otherwise after default, the Mortgagee, as trustee, shall apply, at the tune of *,hc° agent 7sf such proceedings, cr at the time the property* is otherwise acquired, the amount then remaining to credit the Mortgagor under (a) of paragraph 2 preceding, as a credit on the Interest accrued and unpaid and the balance to the principal then remaining unpaid on said note. 4. fibs lien of this instrument shall remain in full force and effect during any postponement or exten- sion ssf the tlme of payment of the indebtedness nr any part thereof secuz•ed hereby. ~.• lie wdl pay all ground rents, taxes, assessments, water rates, and other governmental or mnnici- pat charges; flues, or impositions, levied upon said premises and that he will pay all taxes levied upon this mortgage, or the debt secured thereby, together with any other taxes or assessments which may be levied 7:ralsr the laws of Nebraska against the Mortgagee, or the legal holder of said principal note, on account of this indebtedness, except when payment for all such items has +.hereiofore been made under {a) of para- graph 2 hereof, and he will promptly deliver the official receipts therefor to the Dortgagee. In default Thereof tine M73rtgaSce maY PgY the same.