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t _. 79--®~~~"l~ To HnvE nxa To Hot.a the same unto the Mm•tgagc:e, as herein provided. lylortgagcr represents to, and covenants with, the Mortgagee, that the Mortgagor has good right to sell and convey said premises; that they are free from encumbratire, except as hereinothurta•ise recited ;that the Aortgagor twill warrant and defend the same against the lawful claims of al] persons whomsoever. Mortgagor hereby relinquishes all rights of homestead, all marital rights, either in Saw or in equity, and all other contingent interests of the Mortgagor in and to the above-described premises. PROVIDF;D A:.\vAYS, and these presents are executed and delivered upon the folloeving conditions, to wit hTortgagor agrees to pay to the Mortgagee. or order, the aforesaid principal stmt with intez•est from date at the rate of Ten per centum (10 e `o } per amtnm on the mtpaid balance until paid. The said principal and interest shall be payable at the o>iice 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 Mortgagor, ir: monthly installments of Fottr Hundred Thirty and 22/ 100ths Dollars ($430.22 ),commencing un the first day of November , 19 79 ,and continuing on the first day of each month thuruaftez• antic said noi.e is fully paid, except that, if not sooner paid, the final payment of !~irincipsl and interest shall be due and payable on the first day of October 2009 ;all according to the terms of a certain p:romissury note oT• even date huretvith executed by the said illortgagot•. The Mortgagor further agrees: 1. Fie tivill pay tlrt iudebtedness, as hcrcinbefore provided. Privilege is reserved to prepay at. €my time, without premium or fee, the entire indebtedness ar an part thereof not less than the amount of nne installment, or one hundred dollars ($100.00), whichever is less. Prepayment in full shall be credited on the date received. Partial pre,~•ayment, other than on tm installment due date, need not be credited until the next fallowing irstallmtnt due date ar t hi;-ty days after such frepayment, whichever is eaziier. 2. Together with, and in addition to, the mvnthly payments of principal and interest payable under the terms of the note sutured hereby, iTortgagur will pay to Mortgagee, as trtfstee, (under the terms of this trust as hereinafter stated) on the first day of ea: h 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 on policies of lire and other' hazard instu•ance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property (ail as estimated by the lfort- gag~; and of tt hich thu :1lortgagor is notified) less all sums already- paid therefor divided by the number of months to elapse before ouu month prior to the date when such gtromtd rents, premiums, taxes and assessments tcitl become delinquent, such sums to be held by l4Tortgagee in trust to pat said gromtd rents, premiums, taxes and spacial assessments. (b) The aggregate of the zmounts payable pursuant to subparagraph (a) and those payable on the note secured hereby, shall be paid in a single payment each month, to be agplied to the foltoty- ing items itt the order stated (:) grotmd rents, lase,, assessments, fire atxt outer hazard insurance premiums; {ti) interest un the notusecured hereby; and (ttt) ~unix•tization of the principal of said nete• Any dF°i~e~c•=rcy in the amoz:nt n( any ,uch aggregate monthly payment ,hall. unless mad? g<Md by fire ~ioz•tgagur prior tfr tl.o due date of tl:_ n€=xt su€°h payment, constitute an event ai default tz=~der __... .t~artgage. xL tort;;agee s uptton, iot•tgaglr ..=ill lkty a "late # nark! not exec; _aag f'= ~-~ ec tt..m €_'*) • sit;- inzta!1 ntenl tt ttEtt paid ittare than siitcen (t a) tl:z}-s after the duo date thtrcuf to cover the extra expruse involved in hfuuilingdelinquent paymunts, but such "later charge'' shall not be payable out of the proceeds of any saki made to satisfy the indelsted- ness _secured ln•reby, unless such procueds are sufficient to distF.arge the entire indebtcx9nessand all proper costs and expenses secured theruby. 3. If the total of the payments made by the Mortgagor under (a) of paragraph 3 prece€ling shall exceed the amount of payments actually made by the Rortgagee, as trustee, For ground rents, taxes and assessmenG~ or insurance premiums, as the case may be, such excess shaki be ereditc>d by the Mortgagee on subsequent payments to be, made by the Mortgagor for such itetna or, at Mortgagee 3 option, as trust€rc, shall be refunded to biurtgagor. Tf, however, such monthly payments shalt not to stttliei€rcrt to pay such items when the same shall become due and payable, then the hTot•tgagur shall pay to the Dk,rtgagee, as tl•ustee, any amount necessary tc, mak,~ up the deficiency tcitltin thin ty (~3tt) days after w°ritt-n notice from the Mortgagee stating the amount of the deficiunty°, which notice m<fy- be given by mail. 1f at any time the Mortgagor ahati tender to the Mortgagee, in ar.:ut•chutce with thu provisians of the note secured hereby, full payment of the entire indebt€•dness repres€mted thereby, the Mortgagee, as trustee, shall. in computing the amount of such indeFitc~itness, credit to the account of Ute Mortgagor any credit batan€•e accumulated under the provisions of ta) of paragraph 2 hereof. 1f there shall be tt default undor anY of the provisians of this mortgage resulting in a public sale of the premises cavere'€1 hereby, or if the Mortgagee acquires the property otherwise after dofault, the ATortgague, as trustee, shall app1Y, 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 an the interest ac€:ruetcl and unpaid and the balance to the principal then remaining unpaid on said note. 4. The lien of this instrument shall remain in full force and effect during any postponement ar exten- sion of the time of payment of the indebtedness or any pat•t thereof scoured hereby. fr. He will pay alt ground rents, taxes, assessments, water rates, and other gavernmeutal or munici- pal charges, fines, or impositions, levied upon said premises and that he will pay ail taxes levied upon this mortgage, or the debt ae€:urcd thereby, together with any other taxes ar assessments ~:•hieh may be levied under the laws of I~Iebraska against the Mortgagee, or the legal holder of said principal note, on account of this indebtedness, except when payment for all such items has therctufara I;cen made under (a) of para- graph 2 hureaf, and hu twill prompt)y deliver the otliciai receipts therefor `.o the ortgagee. In default thereof the Mortgagee may pay the same.