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79- U tl Q 314 TO HavE nrvn To HOLD the same unto the Mortgagee, as herein provided. Mortgagor represents to, and covenants with, the Mortgagee, that the ivlm•tgagor has good right to sell and convey said premises; that they are free from encumbrance, except as hereinotherwise recited ;that the Mortgagor will warrant and defend the same against the lawful claims of all persmts whomsoever. Mortgagor hereby relinquishes all rights of homestead, ail marital rights, either ip law or in equity, and all other contingent interests of the Mortgagor in and to the above-described premises. PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, to wit: Tortgagor agrees to pay to the Mortgagee, or order, the afm•esaid principal sum with interest from date at the rate of Ten per centum (10 ;c } 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 3ortgagor, in n?anthly installments of Three xundred seventy-Seven and 54/100ths~~re (~ 377.54 ), commencing or. the first day of August , 19 79 ,and continuing on ,the first day ox' 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, 2009 ;all according to the terms of a certain promissory Hate of even date herewith executed by the said ?1lortgagor. The Mortgagor further agrees: 1. He will par the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any time, cvithcut premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars ($100.40), 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 neat foiiowittg installment due date or thiriy da-y-~ after sum h pr<~ymen*, -°hichever is ~aiut~r. 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 Aortgagee, as trustee, (under the terms rf this trust as hereinafter stated) on the first day of each month until said note is fully paid (¢) A sttm equal to the ground rents, if a?~v, Hex! due, plus the premiums that will next become due and payable on policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due an 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 one month prior to the date when such ground rents, premiums, taxes and ass~csmenis :till become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents, premiums, taxes and special assessments. (b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable oa the note secured hereby, shall be paid in a single payment each month, to be applied to the follow- ing items in the order stated (t) ground rents, taxes, assessments, fire and other hazard insurance premiums; {n) interesi on the note secured hereby ;and (tu) amortization of the principal of said note. Any deficienc}- in the amount of an}- such aggregate monthly payment shall, unless made goal by the ~iarigagor prior to the due date of the next such payment, constitute an event of default alder this mortgage. At Mortgagee ~ option, liartgagor will pay a "late charge" not exceed- ing faun per centum (-l : <) of any ittstall ment when paid more than fifteen (15) days after the due sate thereof to ca<-er the extra expor?se iu abed in handlirgdelinquent pa}-me ,ts, but such "`late charge" ,hall not be payable out of the proceeds of any sale made io satisfy the indebted- ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 8. If the fatal of the payments made by the Mortgagor under (a) of paragraph ~ preceding shall exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and nS~crrx~+ts or insurance premiums, as the case rray be, such excess shall be credited by the Mortgagee an subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, shall be refunded to Mortgagor. If, hou-ever, such monthly ps}•ments shall not be sufficient to pay such items w;5en t)te same shall beeolne due and payable, Cher. the Mortgagor shall pay to the Mortgagee;, as trustee, env amount necessar}• to make up the deficiency u-ithin thirty t30) days after written notice from the lortgagee stating the amount of the deficiency, which notice may be given by mail. If at any time the iliortgagor shall leader to the *dortgagee, in ace ordance ?with the provisions of the note secured Irerebg, full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in emnputing tam amount of such indebtedness, credit in the account of the Mortgagor any credit balance aecxtmnistted ender the prozisions of ta) of paragraph 2 hereof. If there shall be a default under any of tF.e prov:siona of this mortgage resultirtg is a public sale of the premises covered hereby, or if the ddartgagee acgairea the property otherwise after defaalt, the Mortgagee, as trustee, shall apply, at the tie of the commene®ent of such proceedings, or at the time the property is atherwisr acquired, the amount then remaining to credit the Mortgagor under (a) of paragraph ~ preceding, as a credit on the interest acerued and unpaid and the balantx' to the principal then remaining unpaid on said uote. 4. The lien of this instrument shall remain in full ford and effect de.ring any postponement or exten- sion xtf the time of payment of the indebtedness or any part thereof secured hereby. 5. ile will pay all ground rents, taxes, assessments, ova"ter rates, and other governmental or munici- pal charges, finea, 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 uadQrthelawsofNebrasl;aagainsttheMortgagee,or the legal balder of said principal note: on account of this indebtedness, except when payment for all such items has theretofore been made under (¢) of para- graph ? hereof, and he sciil promptly deliver the official receipts therefor to the 'tiortgagee. In default thereof the Mortgagee mat pat the same.