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79-- t~C-347~ TO HAVE AND TO HOLD the same unto the Mortgagee, as herein provided. Mortgagor represents tv, 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 kill warrant and defend the same against the lawful claims of all persons ;yhomsoevet•. Mortgagor hereby relinquishes all rights of ktomestead, all marital tights, either in law or in equity, and all other contingent interests of the Mortgagor in and to the above-described premises. PROVIDED ALWAYS, and these presents arc executed and delivered upon the folio+ving conditions, to wit: Mortgagor agt•ees to pay to the Aortgagee, or order, the aforesaid principal sum with interest from date at the rate of Ten per centum (1Q,6~ 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 Rortgagor, in monthly installments of pne Hundred Ninety Geven and 55/l0i Hollers ($ 197, 55 ), commencing on the first day of August , 19 75 ,and continuing on the first day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final payment of principal and interest shall rte due and payable on the first day of July, 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 ($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. 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 tt•ustee, (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 pa}-able vn 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 all sums already paid therefor divided by the number of months to elapse before rue mmrth privy to the date ++-hen such ground rents, premiums, taxes and assessments ~cil1 become delinquent, such sums to be held by Mortgagee in trust io 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 hereb y, shall be paid in a single payment each month, to be applied to the follo+v- ingitems inthe order stated (I) ground rents, tales, assessments, fire and other hazard insurance premiums; (II) interest on the note secured hereby-; and tuI) amortization of the principal of said note. Any deficiency in the amount of any such aggregate manthly paytttent shah, unless made good by the jortgagor 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 exceed- ing four per centum (I'~) of any install meat when paid more than fifteen (15) days after the due date thereof to coyer the extra expense inyvlyed 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 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 :4ortgagor under (a) of paragraph 2 preceding shall exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and assessments or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee on subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, shall be refunded to Diortgax~r. If, however, such monthly payments shall not be sufficient to pay such items when ttte same shall become due and payable, then the Mortgagor shall pay to the Mortgagee, as trustee, any 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 the Mortgagor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, fnIl ps5•ment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, is computing the amount of such indebtedness, credit to the account of the Mortgagor any credit balance accumulated under the provisions of (a} of paragraph 2 hereof. If there shah be a default under any of the proviisions of this mortgage resulting in a public sale of the premises covered hereby, or if the Mortgagee acquires the property otherwise after default, the Mortgagee, as trustee, shall apply, at the time of the commencement of such proceedings, 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 on the interest accrued and unpaid and the balance to the principal then remaining unpaid on said note. 9. The lien of this instrument shall remain in full force and effect during any postponement or exten- sion of the time of payment of the indebtedness or any part thereof secured hereby. 5. He will pay all ground rents, taxes, assessments, water rates, and other gavernmenta] or munici- pal charges, fines, 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 under the laws of Nebraska against the Mortgagee, or the legal holder of said principal note, on account of t..°~ ucb}„aa;;oss, wcept ...hen payment for all such items has theretofore been made under (a} of para- graph 2 hereof, and he will promptly deliver the offioiat_ receipts therefor tv the Aortgagee. In default thereof the Mortgagee may pay the same.