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79-~ (~~~3®4 To HAVE AND To HOLD the same rmto the :~ivr°tgagee, as herein pravide~cl. Mortgagor r°epri;sents to, and covenants with, the Mortgagee, that the, lYTortgagor has goad right to sell and convey said premises; that they are free from encumbrance, except as hereinotherwise recited; that the Mortgagar will warrant and defend the same against the lawful claims of all persons whomsoever. Mortgagor hereby relinquishes all rights of aomestead, all marital rights, either in 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; Mortgagor agrees to pay to the Mortgagee, or m•der, the aforesaid principal sum with interest from date at the rate of Ten per centum (10 -~o) 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 , Co i orado , or at such other place as file holder of the note may designate in writing delivered or mailed to the Mortgagor, in manthly installments of Two Hundred Sixty Eight 2 3/100 Ilotlars ($ ~ 6 $ - 2 3 ) , cammencing on the first day of October , 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 September 2 b 09 ;all according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. The Mortgagor further agrees: 1. Ile will pay the indebtedness, as hereinbefore provided. Privilege is reserved to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars ($100.00), wt-iichever 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 following 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 scoured 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 any, next due, plus the premiums that will next become due and payable un policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments Herat due on the mortgaged property (alI as estimated by the Mort- gagee, and of c~ bleb the Mortgagar is notified) less all sums already paid therefor divided by the number of months to elapse before one month prier to the date when such ground rent.9, premiums, taxes and assessments «•ilt become delinquent, such sums to be held by Mortgagee in trust tc> pay said ground rents, premiums, taxes and special assessments. (b} The aggregate of 'the anxnruts payable pursuant to subparagraph (cr) and those payable on the note secured hereby, sharp be paid in a single payment each month, to be applied to the fol)ow- ing items in the order stated (I) ground rents, taxes, assessments, fire and other hazard insurance premiums; (Ir) inter•c~st on the nvte secured heri by-;and {err) aamortizati>>n i~f the principal of sal,1 uate. ,any cicficiency in the amarcnt at' an}• ,:u•h aggrcyraie mixrihly payment shall, unless made gc>,xl a:' the 3lc,rtgari?r prior ti; tl:e ilue data= rf t hi nrzt sur h payrtii~nt, cz,nstitut,. ern event rrf defzruit under this mortgage. ~t ilartgagee's optivn,ilortgagor will I~t<v zr "Isle charge" not €xce€d- ing faur her- ceritum (~1~'i) of any installment ~ehen paid more: than fifteen (15) days after fire due data thc~reaf to eovcr° the cxts.t etfn•nse invol~`erl iar htrndlingzieiinquent ]rtryrnint=, but such "late chzrrge" shall not i,f~ payai,te „ut of t}u~ proceeds of any sals• made to satisfy t}te indebt=~d- ness secured hereby, uuk•as such pruceerl,> are sutlic•ient to diu•harKa the entire indabtednessand all proper casts and expensrs secured thereb}•, 3. If the total of the payments made by the Mortgagar under (a) of paragraph 2 prc~eeding shall exceed the amount of payments actually made by thc• Mortgagee, as krustee, for ground rents, fazes and assessments or insurance pre+miuma, as the cirse may be, such excess shall bt' erediteci by the Mortgagee vn subsequent paymeniq to be made by the 'niortgagvr fvr such itemv ar, at b`-ortgagee's option, as trustee, shall be refunded to Mortgagor. lf, however, such monthly payments shall not be sufyrcient to pay such items when the same shall become due and payable, then the Mvrtgagvr shall pay Gr the Mortgage, as trustee, any amount necessary to make up the deficiency ~c•ithin thirty {30) days after written natice from the Mortgagee stating the amvrrnt of the defxieney, which nutice may be given by mail. If at >Sry time the ?nortgagv: shall tender to the ini)rtga}~ea, in ai'ioritarii`e ti'ith tl~ie provisiarrs of the rrote• secure hereby, full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in computing the amount of such indebtedness, credit to the account of the Mortgagor any credit balance accumulated under the provisions of (e) of paragraph 2 hereof. If there shall t~ a default under any ^f the provis. of this mvrtgag°E resulting i a publi- ^le of the premises uavorvd hereby, or if tike Mortgagee acquires the property otherwise after default, the Mortgagee, 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 nn the interest accrued and unpaid and the balance to the principal then remaining unpaid vzr said note. 4. The lien of this instrument shall remain in full force and effect during any postpanement or exten- sion of the time of payment of the indebtedness or any part thereof secured hereby. 5. He wilt pay all ground reni }, tales, 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, ar the debt secured thereby, together with any other taxes or assessments which may be levied under tEre laws of Nebraska against the Mortgage€, or the legal holder of said principal note, on account of this indebtedness, except when payment for all such items has theretofore been made under (a) of para- „rsph ? herevf nd F.e will ,,rvmptly deliver the official receipts therefor to th€ ;43ar•tgag22. In defar:lt thereof the Mortgagee may pay the same.