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79- U t~ 314 8 To HAVE Axn To HoLn the same ants the Mortgagee, as herein provided. R'Iortgagor 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 hereinothertt•ise recited; that the Mortgagor will warrant and defend the same against the lawful claims of iii persons n•liomsoever. Mortgagor hereby relinquishes all rights of homestead, all marital rights, either in lair or in equity, and all other contingent interests of the Mortgagor in and to the above-described promnises. PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, to wit: Mortgagor agrees to gay to the Mortgagee, or order, the aforesaid principal sun-, with interest from date at the rate of Ten per cerium (10 . ~o) 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 place as the holder of the note may designate in writing delivarAd or mailed to the Mortgagor, in monthly installments of Three hundred Eighty Five 4 9/10+~joilars ($ 3 & 5 • d ~ ), commencing on the first day of July ,19 7 9 ,and continuing on the first day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final pa}Rrrent of principal znd interest shall be due and payable on the first day of June 2009 ; a1! according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. The Mortgagor further agrees: I. 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 thereof 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 neat foAowing installment due date or thirty days after such prepayment, whichever is earlier. 2. Together with, and in addition to, the monthly payments of principal and interest payable under the terms of the note secured hereby, Mortgagor will pay to Mortgagee, as trustee, (under the terms of this trus# as hereinafter stated) on the fast day of each month until said note is fully paid: (a) A sum equal to the ground rents, if azty, nest 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 (alias estimated by the Mort- gagee, and of u-hich the Afortgagor is notified) less ail sums already paid therefor divided by the number of months to elapse before are month prior to the date when such ground rents, premiums, taxes and assessments u•ili become delinquent, such sums to be held by Mortgagee in trust to pay said 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 hereo:, shall be paid in a single payment each month, to be applied to the fallow- ing items in the order slated : {I) ground rents, taxes, assessments, fire and other hazard "insurance premiums; (II) interest on the Hate secured hereby ;and (III) amortization of the principal of said note. Any deficiency in the amount of any such aggregate mmithly payment shall, unless made good by the Mortgagor prior to the due date of the next such payment, constitute an event of default under this mortgage. At Mortgagee's option, Mortgagor will pay a "late charge" not ezc~ed- ing four per centum (3~;) of any installment when paid more than fifteen (15) days after the due date thereof to cover the extra expense invoh-ed in handlingdelinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebted- ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and asaeamments or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee oa aubeequeat paymeais to be made by the Mortgagor for such items or, at Mortgagee's option, as tnlstee, shall be refanded to Mortgagor. If, however, such monthly pa}orients shaIl not be sufficient to pay such itetna when the same shall became due and payable, then the Mortgagor shall pay to the Mortgagee, as trustee, any amount necessary to make up the deficiency within thirty (&0) days after xrritten notice from the Mortgagee stating the amount of the deficiency, which notice may be given by mail. If at any time the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, full payment of the entire indebtedness rePrzsented thereby. the Mortgagee, as trustee, shall, in rnmpnting the amcnrnt of sash indebtedness, credit to the account of the Mortgagor any credit balance aocumnlated under the provisions of (a) of paragraph 2 hereof. If there shalt be a default under any of the provisions of this mortgage resulting in a public sale of the premises covered herebq, or if the Moz~gee acgnirea the property otherwise after default, the Mortgagee, as trustee, shall apply, at the three of the of snelr proceedings, or at the time the property is otherwise required, tbe arar-unt then ruining to er+edit the Mortgagor under (a) of paragraph 2 preceding, as a credit oa the intezrest accrued and ~psid and the balance to the principal then remsiniag unpaid oa said note. 4. The lien of thin instrument shall remain in full force and effect during any postponement or exten- sion. of the time of payvrent of the indebtedness or any part thereof secured hereby. 5:' H~ aiB pray all ground rents, taxes, assessments, water rates, and ot. er governmental or munici- pal charges, fines, or impoaitiolrs, levied upon said premises-and that he will pay alt taxes levied upon this mortgage, or Ylre debt second thereby, together with any other taxes or assessments which may be levied render the lawso# Nebraska against the Mortgagee, or the legal holder of said principal note, on account of this indepbt_edness, except when payment for all such items has theretofore been made under (a) of para- ~ E T~~f, a-rd l'~ w=n+ p: ~rpt~ deliver the ofp,cial receipts iher2far to the Mortgagee. In default thereof the Mortgagee may pay tare same.