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79"'~~ (1 `t ~ O J <br />TD HAVE AND To HOLD the same unto the Mortgagee, as herein provided. J'1lortgagor represents to, <br />and covenants with, the Mortgagee, that the D~Iortgagor has good right to sell and convey said premises; <br />that they are free from encumbrance, except as hereinotherwise recited ;that the liortgagor +cill +varrant <br />and defend the same against the la+aful claims of all persons whomsoever. Martgagor hereby relinquishes <br />alt rights of homestead, all marital rights, either in la+c or in equity, and alt ether contingent iuterests of <br />the Riortgagar in and to the above-described premises. <br />PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, to <br />wit: <br />Martgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of ________Ten----------Per centum (10.x) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Commercial Federal Savings & • Loan Assn. <br />in Omaha, Nebraska , or at such other place as the holder o£ the note may designate in <br />writing delivered ar mailed to the Mortgagor, in monthly installments of pour Hundred Fifty-Five anc 0++/160 <br />Dollars ($ --455.04-- ), commencing on the first day of Septetnher > 19.75 ,and continuing on <br />the first day of each month thereafter until said note is fully paid, excel;t that, if not sooner paid, the final <br />payment of principal and interest shall be due and payable on the first day of August 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 hereinbefore provided. Privilege is reserved to prepay at any <br />time, without premium or fee, the entire indebtedness or any part thereof oat less than the amount of one <br />installment, or one hundred dollars ($100.00), whichever is less. Prepayment in full shawl be credited on <br />the date received. Partial prepsyment, other than on an installment due date, need not be credited until <br />the next fcllowing installment due date or thirty days after such prepayment, whichever is earlier. <br />2. Together with, and in addition to, the monthly payments of principal and interest payable under <br />the terms of the note secured herebv, Mortgagor will pay to Mortgagee, as trustee, (under the terms of this <br />trust as hereinafter stated) on the first day of each month until said note is fully paid: <br />{a) A sum equal to the ground rents, if aatr, nee 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 +c•hen such ground rents, <br />premiums, taxes and asse,sments +eill become delinquent, such sums *.o be held by bfertgagee <br />in trust to pay said ground rents, premiums, taxes and special assessments. <br />(b) The aggregate of the amounts parable pursuant to subparagraph (a) and those payable on the <br />note secured hereby, shall be paid in a single payment each month, to be applied to the follow- <br />ingitems in the order stated <br />{t) graurd rents, taxes, assessments, fire and other hazard insurance premiums; <br />(II) in#erest on the note secured hereby; and <br />{?I1) amortization of the principal of said note. <br />Any deficiency- in the amount of ai:r such aggregate monthly payment shall, unless made good <br />by the \iortgagar prier tai the due date of the nest such payment, constitute an event of default <br />under this mortgage. At Mortgagee's aption, \iortgagor will pay a `gate charge" not exceed- <br />ing faur p<r centum (l •`~) of am installment when paid more than fifteen (15) days after the <br />due date thereof to cover the extra expense invoiced in handlingdelinquent payments, but such <br />"late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebted- <br />ness soured hereby, unless such pi-aceeds are sufficient to discharge the entire indebtedness and <br />all proper cwts and expenses secured thereby. <br />3. If the total of the payments made by the Mortgagor under (a) of paragraph 2 preceding shall <br />exceed the amount of payments actually made by the 14iortgagee, as trustee, for ground rents, taxes and <br />assessments or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee <br />oa snbaequeat payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, <br />shall be refunded to :Mortgagor. If, however, such monthly payments shall not be sufficient to pay such <br />itzaas when the same shall become due and payable, then the ;Siortgagor 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 Mortgsg+ee stating the amount of the deficiency, which notice mar be given by mail. If at any time <br />the Mortgagor shall tender to the Morigagee, in accordance with the provisions of the note secured <br />hereby, fall payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, <br />in computing the amaant of such indebtedness, credit to the account of the Mortgagor any credit balance <br />acwatulated under the precisions of {¢) of paragraph 2 hereof. If there shall be a default under any <br />of the provisions of this mortgage resulting is a public sale of the premises covered hereby, or if the <br />Mortgagee aaiuires the property otherwise after default, the 3ortgagee, as trustee, shall apply, at the <br />tirLe of the commencement of such proceedings, or at the time the property is otherwise acquired, the <br />amount then remaining to credit the Mortgagor under {¢) of paragraph 2 preceding, as a credit on the <br />interest ac~rved and unpaid and the t~ilan~ to the principal thr-a retaaiaiag unpaid an 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 />5. Se~t11-.pay all ground rents, taxes, assessments, water rates, and other governmental or munici- <br />pal ahargss,-fines, or impositions, tev~ied upon said premises and that he will pay all taxes Levied upon this <br />mortgage, or the debt securedhereby, together with any other Lazes 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 (a) of para- <br />graph 2 hereof, and he will promptly detivar the official receipts therefor to the lfartgagee. In default <br />thereof the Mortgagee may pay the same. <br />