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79- ~t)3523 TO HAVE AMD TO HOLD the same unto the Mortgagee, as herein provided. Mortgagor represents te, and covenants with, the Mortgagee, that the Dortgagor has good right to sell and convey said premises; that they are free from encumbrance, except as hereinotherwise recited ;that the Mortgagor «:11 warrant and defend the carne against the lawful claims of all persons whomsoever. lortgagor hereby relinquishes aII rights of homestead, all marital rights, either in la~~° or in equity, and all other contingent interests of the Mortgagor in and to the above-described premises. PROVIDED E1LR'AY-S, and these presents are executed and delivered upon the following conditions, tt3 wit: Rortgagor agrees to pay to thelortgagee, or ardor, the aforesaid principal sum with interest from date at the rate of Ten per centum (10 •',`b) per annum on the unpaid balance until paid. The said principal and interest shall be payable at the otTce of Mortgage Plus Incorporated in Ena_ lewood , 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 Three Hundred Eleven & 69/10 Dollars ($ 311.69 ),commencing on the first day of August , 19 ~ 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 payment of principal and interest shall be due and payable on the first day of July 2 00 9 ;all according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. The Mortgagor further agrees: 1. He will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any 'time, without premium or fce, 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 foLowing 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 e•ill 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 scm equal to the ground rer_ts, if any-, next due, pins the premiums that tia-ill next become due and payable on policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due o.: the mortgaged property (all as estimated by the Mort- gagee, and of ~yhich the \iortgagor 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, faxes and assessments tic ill become delinquent, such sums to ba held by Mortgagee in trust to pad said ground rents, premiums, taxes and special assessments. (b) The aggregate of the amounts payable put: ~aant to subparagraph (a) and those payable on the note secured hereby, shall be paid in a single pa} ment each month, to be applied to the fallow- ingitems inthe order stated (t) ground rents, taxes, assessments. fire and other hazard insurance premiums; (n) interest on the note secured hereby ;and (III) omortization of the principal of said note. Any deficiency in the amount cf art such aggregate mnntfaly' payment shall, unless made good by- the Mortgagor prior to the due date of the next such payment, constitu?e an event of default under this mortgage- At Mortgagee's option, Mortgagor will pay a "lace charge" not exceed- ing four y~r cerium (4'~) of a - installment wl.en paid mor-r- than fifteen (13) days after the due date thereof to coyer the extra expense involved in handling delinquent payments, but such "late charge`' shall not be pac-able out of the proceeds of any sale made to satisfy the indebted- ness secured ht~rrby, unless such proceeds are sufficient to discharge tite ratite indebtedness and all groper costs and expenses secured tltereby-- 3. If the total of the payment3 made by the 5ortgagor under {a) of paragraph ? preceding shall exceed the amount of payments actually made by the 'tiortgagee, as trustee, for ground rents, takes and assessments or insura_nee premiums, as the case may be, such excess sh311 be credited by the Mortgagee on subsequent payments to be made by the Mortgagor for such itetas or, at Mortgagee's option, as tnastee, shall be refunded to Jlot•tg•agar. If, however, such monthly payments shall net be sufficient to pay such items when the same shall become dne and payable, then the Mortgagor shall pay to the Mortgagee, as trustee, any amount neceLssary 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 3Sat•tgagor shall under to the Mortgagee, in accordance u-ith the previsions of the note secured hereby, full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in cemgutiag the amount of such indebtedness, credit to the ae;.ount of the Mortgagor any credit balance aecamulated wader the provisions of ia) of paragraph 2 hereof. If there shall l7e a default under any of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if the Mortgagee acquires the property otherwise after default, the Sortgagee, as trustee, shall apply, at the tithe of the commencement of such proesedings, or at the time the property is otherwise acquired, the atnaunt then remaining to credit the Mortgagor under (a) of paragraph 2 preceding, as a credit on the interest accrued and unpaid sad the balance to the principal then remaining unpaid on said note. 4. 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 2ny part thereof secured hereby. 5. Be wiIl pay .all ground rents, taxes, assessments, water rates, and other governmental or muaici- pal charges, fines, or impositions, levied upon said premises and that he will pay all taxes levied upon this mortgage, or the debt seeureu thereby, together with any other taxes or assessments which may be levied ur_der the Iawa ~f Nebraska against the Mortgagee, or the legal holder of said principal note, on account of this ini Phtndn a_ arropf u-hrn_ r~-ymant fnr al] eIIrlt jt•,emc h rev tlleYe}~r,'fore men mar~ie wi=der (~.) ~f pare- graph 2 hereof, and he will promptly deicer the otlleial receipts therefor to the 3ortgagee. In default thereof the Mortgagee may pay t13?same.