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79-, ~,~-,i2~6 To AavE nNn To HOLD the same unto the Mortgagee, as herein provided. Mortgagor represents ta, and covenants with, the Mortgagee, that the Itlortgagor 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 +chomsoever. Mortgagor hereby relinquishes 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. PRpVIDED 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 from date at the rate of Ten per centum (l0 `,~ } 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 delivered or mailed to the Mortgagor, in monthly installments of Four hundred Thirteen and 54J100ths Dollars (g 413.54 ),commencing on the first day of ~ ply , 19 79 ,and continuing an the first day of each month thereafter until said Hate is fully paid, except that, if not sooner paid, the final payment of principal and interest shall be due and payable on the fist 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: 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 {$100A0), whichever is less. Prepayment in full shall be credited an 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. 2. Together with, and in addition to, the monthly payments of principal and interest payable under the terms of the Hate secured hereby, Mortgagor +vill 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, nest due, plus the premiums that will next become due and payable on policies of fire and other hazard insurance covering the mortgaged progeny, 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 all sums already paid therefor divided by the number of months to elapse before one month prior to the date when such ground rents, premiums, taxes and assessments +eill become delinquent, such sums to be held hp Mortgagee in trust to pay said ground rents, premiums, tales and special assessments. (b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable an the note secured hereby, shall be paid in a single payment each month, to be applied to the follow- ingitems inthe order stated (t) ground rents, #axes, assessments, fire and other hazard insurance premiums; (tI) interest on the note secured hereby ;and (uI) amortiution of the principal of said note. Any deficiency in the amount of env such aggregate monthly payment shall, unless made good by the Mortgagor prior Yo the due date of the next such payment, constitute an event of defanlt under this mortgage. At Mortgagee's option, Mortgagor will pay a "late charge" sot ezeeed- ing four per centum (-l) of any installwent when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent 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 prroceecls are sufficient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. If the total of the ~yments made by the Mortgagor under (a) of garagragh 2 preceding shall exceed the amount of payments actually made bg the Mortgagee, as trustee, for ground rents, taxes and assessments or insurance premiums, as the ease may be, such excess shall be credited by the Mortgagee on subsegaeat payments to be made by the Mortgagor for such itetas or, at Mortgagee's optron, as trustee, shall be refunded to Mctgagar. If, however, such monthly pay~rtrer.#s shall not be sufficient to pay such items when the setae shall become dne and payable, then the Mortgagor shall pay to the Mortgagee, as trerstee, airy amount necessary 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 tlxe Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, #aIl pagmeat of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, is eotapntitrg the atr,runt of sueh indebtedness, credit to the account of the Mortgagor any credit balance sceumulated under the pracisians of (a) of paragraph 2 hereof. If there shall be a default wader any of the provisiotra of this mortgage resulting in a public sale of the premises covered hereby, or if the )~artgagee acgairea the progeny otherwise after default, the Mortgagee, as trustee, shall apply, at the Bute of the ceaamencement of such grrxeedinga, or 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 oa the intsr~t accrued and unpaid and the balance to the principal then remaining unpaid on said note. 4. 2~re Lien of this instrument shall remain in full force and effect during any postponement or exten- sion of the time of payment of t2re indebtedness or say part thereof seemed hereby. 5: ?iE vi3! pay~all ground rents, taxes, assessments, water rates, and other governmental or munici- pal charges; fines, or impositir+rrs, )evied upon said premises and that he will pay all taxes ]etiried upon this mortgage, or the debt secured thereby, together with any other taxes or assessments which may be levied under the laws of P1Rbraska against the Mortgagee, or the legal holder of said principal note, on account of t]ria indebtedness, except when payment for all such items has theretofore been made under (a) of para- gra*rr ? her~f and he will prozng*ly drpliver tl::: otrzcial YMPIF,tg therefor A the '4'Iortgagee. In default thereof the Mortgagee may ply the same.