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y9~ ut't3388 <br />To HAVE AND To HiILD the same unto the illm•tgagee, as herein provided. Mortgagor represents to, <br />and covenants with, the Mortgagee, that the Mortgagor has good right to sell and convey said premises; <br />that they are free from encumbrance, except as hereimtthet•+~ ire recited; that the iMortgagor kill warrant <br />and defend the same against the lawful claims of all persons +rhomsocvcr. Mortgagor hereby relinquishes <br />all rights of homestead, all marita] rights, eifhrr kt la++• or in eyuitp, and all other contingent interests of <br />tF.e Dinrtgagor in and to rite above-described premises. <br />PROVIDED ALWAYS, and these presents are executed and delivered upon the fo]lowing conditions, to <br />wit: <br />Mortgagor agrees to pay to the Mortgage, or ot•der, the aforesaid principal sum with interest from date <br />at the rate of Ter. per centum (10, qc) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the otlice of Mortgage Plus Incorporated <br />in Enelewecxt, Celeradp , or at such other place ate the holder of the note may designate in <br />u'ritirg delivered or mailed to the Mortgagor. in monthly installments of Two Hundred Ninty Eight and <br />52/iC~thDollazs (;R 298.5? ), cc.mmenring on the first day of July , 1979 ,and continuing on <br />rite first der of each month thereafter until said note is fully paid, except that, if not stoner paid, the final <br />laapment of principal and interest shall be due and payable on the first da}- of Jure 2D09 ;all <br />acC,~t•diztg fo the term. of :i e•ertain prunzissory note of even date herewith executed by the Said lMoc-tgager, <br />The Mortgagor further agrees: <br />1. He kill pay tl;e indebtedness, as hereinbefore provided. Fricilege is reserved to prepay at any <br />litre, without premium or fee, the entire indebtedness i~r am- part thereof not less than the amount of one <br />installment, or one hundred dollars 0100.00), whichever is iz>_,s. Prepayment in foil 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 drys after such prepati•ment, whichever is eazlier. <br />Together with, and in addition to, the monthly pavment~c of principal and interest payable under <br />the terms of the note secured hereby, Mortgagor will pap to :+Iw-tgagvc..zs u•ustee, {under the terms of this <br />trier as hereinafter stated) on the first day of each month until said note is fully paid: <br />{a) ~. sum equal to the graand rents, if any, next doe, plus rho premiums that will nest become due <br />and payable on policies of fire and other hazard insurance covering the mortgaged property, <br />plus taxes and as_ce;sments next due on The m trtgaged property (aIl as estimated by the Mort- <br />gage?, and of which the 9ortgagor is notifird) less all sums already paid therefor divided by <br />the number of months to elapse beforr „Iic• ntoltih prior to the date +vhen such ground rents, <br />premiums, taxes acrd assearrlents ~iil; t,econte delinquent, such sums to be held b; Mortgagee <br />in trust to pap said tlY,urd rents, premiums, faze: and special assessments. <br />{b) The aggregate of the acmtaints payable pursuant to subparagraph (al and those payable on the <br />note secured hec•cby, ;hall be paid in a single payment ea+h month, to be applied to the follow- <br />ing items in the order stated <br />tI) ground rents, taxes, assessments, fire and other ha>ard insurance premiums; <br />(t1) interest an the notesecurc~lhereby;and <br />;ut) amortization of the principal of said note. <br />Any deficiency in the amount of any such aggregate monihlc payment slta'.1, unless made goad <br />by the ~lortgagot• prior to the due date of the next such payment, constitute an event of default <br />under this mortgage. At :tortgagee's option, Mortgagor will pay a "late charge" not exceed- <br />ing four per renium (-I' : i of any- installment wirer paid more than fifteen f 151 da}•s alter the <br />due date tl:ere€:f to cover the extra espenwa invalred izt handling delim-itient paynnents, but such <br />"late charge" ::.hall not 1>t' payable out of the proceeds of any sale made to satisfy the indebted- <br />ness secured ]tetchy, unless sue h pri~cc~dS are sufficient to discharge the entire indebtedness and <br />all proper cuss and espeases s~g:u7•ed thereby. <br />3. If t22e fatal of rite payments made by the Mortgagor under (a) of paragraph '~~, preccding shall <br />exceed the amount of payments actually made by the Mortgagee, as trustee, far ground rents, taxes and <br />assessments ar insurance premiums, as the cage may be, such excess shall be credited by the Mortgagee <br />on subsequent paymments to be made by Llze Mortgagor for such items or, at Mortgagee's option, sa trustee, <br />s}tali be refvrded to Ta`tartgagor. lf, however, such mantitiy payments shall not be sutncient to pay such <br />i~nta when the setae shall bets due and payable, then the Mortgagor shall pay to the Mortgagee, as <br />trustee, any amount necessan to make up rite deficiency within thirty t3U) days after written notice from <br />the Mortgagee stattng the amount of the defieteney, which notice may be given by mail. If at any time <br />the Mar#gagor shall tender to the Mortgagee, in aceerdance avith T1te provisions of the note secured <br />lterelry, full payment of the entire indebtedn~a represented thereby, the :Mortgagee, as trustee, shall, <br />in atlnsputing the amount of such indebtedness, credi± to the account of the Mortgagor any credit balance <br />aretirtulated under the provisions of (ay of paragraph 2 hereof. If there shall be a default under any <br />of the pm~zsions of this mortgage rnsulting in a public sale of the premises covered hereby, or if the <br />][artgsgee acquires the property otherwise after default, the >\lortgagee, as trustee, shall apply, at the <br />fleas a# the eommeacemert of such praceediags, ar at the time the property is otherwise required, the <br />amount then remairirig to credit rite Mortgagor under (a? of paragraph 2 preceding, as a credit on the <br />interest axrved sad unpaid and the balance to the principal then remaining unpaid on said note. <br />~. The lists of this instrument shall retrain in full force snd effect during any postponement or exten- <br />sion aY t#I~e af-.payment of the indebtedness or any part thereof secured hereby. <br />5. He'~Ifl pay all ground rents, taxes, assessments. water rates, and other governmental or munici- <br />pal charges, fined, ar img~itiasis, levied upon said premises and that he will pay all taxes levied upon this <br />mortgage, ar the debt secured thereby, together with any other taxers or assessments which may be levied <br />under thelawsaf Nebraska against the Mortgagee, or the legal holder of said principa3 note, on account of <br />this indebtedness, except when payment for all such items has theretofore beer. made under (a) of para- <br />araah 2 hereof, and he will pr¢inptl~i* deliver the nty~ial rerFintc therefor to the \iorr~agi=e- in defa„]t <br />therraf the Mortgagee may pay the same. <br />