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~~-~Utr333.1 <br />TO HAVE AND TO HOLD the same unto the Mortgagee, as hernia provided. Mortgagor represents to, <br />and covenants with, the Mortgagee, that the Mortgagor has good right to salt and convey said premises; <br />that they are free from encumbrance, except as hereinotherc~•ise recited; that the Mortgagor will warrant <br />and defend the same against the lawful claims of all persons ti~•homsoever. Mortgagor hereby relinquishes <br />all rights of homestead, all marital rights, either in taw or in equity, and all other contingent interests of <br />the Mortgagor in and to the above-described premises. <br />PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, t0 <br />wit <br />Mortgagor agrees to pay to the Mortgage, or order, the aforesaid principal sum with interest from date <br />at the rate of Ten per centum (10 ~fi) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Mortgage Plus Incorporated <br />in Englewood, Colorado , or at such other place as the holder of the note may designate in <br />writing delivered or mailed to the Mortgagor, in montlily installments of Two Hundred Sixty Three & 40/100t: <br />ISollars ($ 263, 40 ).commencing on the first day of July 19 ~g ,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 June, 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. He will pay the indebtedness, as hereinbefol•e 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, or one hundred dotla_~s ($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 next following installment due date or thirty days after such prepayment, whichever is earlier. <br />c. Together wiiil, and in addition io, 'the monthly payments 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 />t: ust as hereinafter stated) on the fast day of each rnorth until said note is fully paid <br />(¢) 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 />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 number of months to elapse before one month prior to the date when such ground rents, <br />premiums, taxes and assessments gill become delinquent, such sums to be held by Mortgagee <br />in trust to pay said ground rents, premiums, taxes and special assessments. <br />(b) The aggregate of the amounts payable pursuant to subparagraph (¢) and those payable on the <br />note secured hereby, shall be paid in a single payment each month, to be applied to the foliow- <br />ingitems lathe order stated <br />{I) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(u) interest on the note secured hereby ;and <br />;iu) 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 ~Im•tgagor prior to the due date of the nest such payment, constitute an event of default <br />under this mortgage. At Mortgagee's option. Mortgagor will pay a "late charge" not exceed- <br />ing fou:• per centum {-lro) of any install mer,Y when paid more than fifteen (15) days after the <br />due date thereof to caver the extra expense involved in handling delinquent payments, but such <br />"late charge" shad not be payable out of the proceeds of any sale made to satisfy the indebted- <br />ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and <br />all proper cos±s and expenses secured thereby. <br />3. If the tntal of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall <br />exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and <br />assessments or insurance premiums, as the ease 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, ss 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 sad 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 any time <br />the Mortgagor shall tender to the Mortgagee, in accordauee with the provisions of the note secured <br />hereby, full 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 Mc-tgagor any credit balance <br />accumulated under the provisions of (¢j of paragraph 2 hereof. If there shall be a default under any <br />of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if the <br />Mortgagee acquires the property otherwise after default, the Mortgagee, as trustee, shall apply, at the <br />time of the commencement of such proceedings, or at the time the property is otherwise acgrired, the <br />amount then remaining to credit the Mortgag»r under (¢) of paragraph 2 preceding, as a credit on the <br />iatereat accrued and unpaid and the balance to the principal then remaining unpaid on said note. <br />4. The lien of this instrument shall remain in full force and effect during any postponement or exten- <br />sion of the time of payment of the indebtedness or any part thereof secured hereby. <br />6, He will pay all ground rents, taxes, assessments, water rates, and other governmental or muniei- <br />pal charges, fines, or impceiti~i:ta, levied upon said premises and that he will pay all taxes levied upon this <br />mortgage, or the debt secured thereby, together with any other taxes or assessments which may be levied <br />under the Laws of Nebraska against the Mortgagee, or the legal holder of said principal note, on account of <br />this indebtedness, except when payment for all such items has theretofore been made under (¢j of para- <br />graph ~ hereof, and he will promptly deliver the official receipts therefor to the Mortgagee. In default <br />thereof the Mortgagee may pay the same. <br />