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~~ <br /> <br />fio Il~vs ~rrTr To 1loT•r: tkie same unto the 1tilortgagea, asrlc~ar,=Try pra;•sic9ed- tufor•tgagrczzr rr>pr~~sr,•z~,ts C,o, <br />and covenants with, the Mortgagee, that the Mortgagor has good right to sell and con•.'ey said prerniscs; <br />that they are free from encumbrance, except as hereinathersvise recited ;that the Mortgagor z.•ill warrant <br />and defend the same against the lawful claims of all perrscns whomsoever. Mortgagorr,ereby re]inquishes <br />all rights of homestead, all marital rights, either in law• or in equity, and ail other contingent interests of <br />the Mortgagor ire and to the above-described premises. <br />i}ROYID>;D AL'rvAYS, and these presents are executed ar,d deii-rered upon the fallowing conditions, to <br />wit: <br />Mortgagor agrees to gay tv the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the .ate of Ten per centum (10 - ~-b } per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office o~ Mortgage Pius Incorporated <br />in Englewood , Color ado , or at such other place as the holder of the note may designate in <br />wr-itirg delivered or mailed to the tiiortgagor, in monthly installments of Tow Hundred Seventy Six <br />57 f 100t1})ollat•s ($276 • `~7 ),commencing on the first day of October , 19 7 9 ,and continuing on <br />the first day of each month thereafter until said note is fully paid, except that, if not sooner paid, the final <br />payment of principal and interest shall be due and payable on the first day of September 2 009 ;all <br />according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. <br />The Mortgagor further agrees: <br />1. lie will pay the indebtedness, as hez•einbefore provided. Privilege is reserved to prep€;y at any <br />time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one <br />installment, or one hundred dollars ($].00.00), whichever is less. Prepaymen+, in full shall be creditedn on <br />the date received. Partial prepayment, other than on an installment due date, need not be credited until <br />the next followin; 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 />ttTo +•n-.,... of the natty .,......,nd hn• aF,,. Ma,-t w,jil . +~ t^ Mo"t a live+° rand@r the ter,,,o cf this <br />.gaga ,.g ag°° _ , <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 any, next due, plus the premiums that will next become due <br />and payable on pclicies of fire and other hazard insurance covering 'the mortgaged property, <br />plus tales az:d assessments next due on the mortgaged prepetty (all as estimated by the Mort- <br />gagee, and of «~hich 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 when such ground rants, <br />premiums, taxes and assessirzeztts will become delinquent, such sums to be held by Mortgagee <br />in trust to pay said ground tents, premiums, taxes and special assessments. <br />(b} The aggregate of the amounts payable pursuant to subparagraph (a) and those payable on the <br />Hate secttt•ed hereby, shalt be paid in a single payment each month, to be applied to the follow- <br />ingitems inthe order stated <br />(T} ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(rT) interest ott the rate secured hereby ;and <br />{TTT).amortzzatlon of the principal of said note. <br />Any deficiency in the amount of any such aggregate monthly payment shall, unless made good <br />by the Mortgagor pri,,, .a the :,,e date of the next such payment, r•anstitute an e~°rrt of defz~ult <br />under this martgag%. At itortgag:•e's option, ;t'Iortgagor will iiay' a "late citar•ge" not exceed- <br />ing four p~ l• rerttum (•9 fir.) of any installment :yhen paid mare than fifteen (la) days after the <br />duo data ieereof to cover ti=ze e3tt'a exp<nse invoi~°ecd in hardlingdeiinquent payments, but such <br />"laic clcarve"' shah not bt payai>le out of the pcaeeeds of any Salo made to satisfy the indebtc d- <br />ness secured hereby, unless such proceeds are sutlicient to discharge the entire indebtedness and <br />all propet• costs and expenses soured thereby. <br />3. Ii the t-0tai of the pay~rnents made b,• the Mortgagor under (a) of paragraph 2 preceding shall <br />exceed the amount of payments actually made by the Mortgagee, 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 />on subsequent payments to be made by the lyiortgagar far such items or, at Mortgagee's ogtian, as trustee, <br />shall ltree refunded to Mortgagor. If, however, such monthly payments shall not be sufficient to pay such <br />items when the name shall become due and nayable; then the 4ortgagor shall pay to th-' llortnage.~, as <br />trustee, any amount necessary to make up the deficiency within thirty (30) days after written notice from <br />the Mortgagee stating the amount of the rieficiency, which notice may he given by mail. If at any time <br />the Mortgagor shall tender to the Mortgagee, in :reccxYlancc with the provisions of the Hate c_ecured <br />hereby, foil payment of the entire indebtedness reprosented thereby, the Mortgagee, as trustee, shall, <br />in computing the amount of such indebtedness, credit to the account of the Mortgagor any credit balance <br />accumulated under the provisions of (a) of paragraph 2 hernof. if there shall be a default under any <br />of the provisions of this mortgage resulting in a public sale of the prAmisea covered hereby, or if the <br />Mortgagee acquires the properly otherwise after default, the Mortgagee, as trustee, shall apply, at the <br />time 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 (a) of paragraph 2 preceding, as a credit on the <br />interest accrued and unpaid and the balance to the principal then remaining unpaid on said note. <br />4. The 3ien of this instrument shall remain in full force and effect during any pcstporement or exten- <br />sion o~._the time,gf payment of t°te indebtedness or any part thereof secured hereby. <br />5. He will pay all ground rents, taxes, assessments, water rates, and other governmental or munici- <br />pal charges, fines, or impositions, levied upon said premises and that he will pay all taxes levied upon this <br />mortgage, or the debt secured thereby, together with any other takes or assessments which may be levied <br />undex the laws of ilebraska against the itiiortgagee, 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 Fvill promptly deliver the o~iciai receipts Therefor to the Mortgagee. In default <br />thereof the Mortgagee may pay the same. <br />