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,- _ 79- ~~4457 To HavE axt; To Hot.n the same unto the Mortgagee, as herein provided. Mortgagor represents to, 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 will warrant and defend the same against the lawful claims of all persons whomsoever. Mortgagor hereby relinquishes all rights of homestead, all marital rights, either in lazy or in equity, and alt other contingent interests of the Mortgagor in and to the above-described premises. PROVIDED ALR'AYS, and these presents are executed and delivered upon the following conditions, to wit Dortgagor agrees to pay to the Aortgagee, or order, the aforesaid principal sum with interest from date at the rate of Ten per centum (lo. Q c) per annum on the unpaid balance until paid. The said principal and interest shall be pa,•able 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 i4lortgagor, in monthly installments of Three hundred twenty four and 86/IOtDollars ($ 324.86 ), commencing on the first day of September , 19 79 ,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 August, 2009 ;all according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. The Mortgagor further agrees: L He will pay the indebtedness, as hereinbefoz•e provided. Privilege is reserved tc prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of mze installment, or one hundred dollars ($100.00), whichever is less. Prepayment in full shall be credited on the date received. P'ar-liar prep-ay~er,t, otirr tia,~ on an ira meat dii2 date, nec'u' r,ot be n:rdiixd until the next following installment due date or thirty days after such prepayment, whichever is earlier. 2. Together with, and in addition to, the montlily payments of principal and interest payable ender the terms of the note secured hereby, Mortgagor will 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 sum equal to the ground rents, if arty, next due, plus the premiums that will next become due and parable on 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 Aortgagor 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 assessments will become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents, premiums, tales and special assessments. (b) The aggregate of the amounts payable pursuant to subparagraph (a) and those parable on the note secured hereb}-, shall be paid in a single payment each month, to be applied to the follow- ingitems inthe order stated (t) ground rents, taxes, assessments, fire and other hazard insurance premiums; (II) interest on the note secured hereby ;and (tu) amortization of the principal of said note. Any deficiency in the amount of any such aggregate monthly payment shall, unless made good by the Mortgagor prior to the due date of the next such payment, constitute an event of default under this mortgage. At '?iortgagee's option,liortgagor will papa "late charge" not exceed- ing four per centum { 1 r~) of any installment a-hen paid more than fifteen {15} days after the due date thereof to cover the extra expense involved ir, 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 sutTcient to discharge the entire indebtedness and all proper owls and expenses secured thereby. 3. If the total of the payments made by the Mortgagor under (a} of paragraph 2 preceding shall exceed the amount of garments actaally made by the 9ortgagee, 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 3ortgagor. If, however, such monthly payments shall not be sufficient to pay such items when the 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 Mortgagar shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, full paymen# of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in Computing the amount of such indebtedness, credit to the aecourt of the Mortgagor any credit balance accumulated under the provisions of (a} of paragraph 2 hereof. If there shall be a default ander any a: 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 Riartgagee, 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. A. 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 ttzll pay air ground rents, taxes, assessments, water rates, and other governmental 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 antler the laws of Nebraska against the Mortgagee, or the legal holder of said principal note, on account of this indebtedness, except when payment far all such items has theretofore been made under {a) of paza- graph 2 hereof, and he will promptly deliver the official receipts therefor to the Mortgagee. In default ~reof the Mortgagee maY paY the same.