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80 ~%;4504 To HavE nxD To HOLD the same unto the Mortgagee, as herein provided. Bortgagor represents to, and covenants with, the Mortgagee, that the i4iortgagor 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 alt rights of homestead, all marital rights, either in laic or in equity, and aN other contingent interests of the Mortgagor in and to the above-described preiriises. PROVIDED AL4YAYS, and these presents aze executed and delivered upon the following conditions, to wit: Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date at the tttte of Eleven and one-half Per centum g,l, 6~c) per annum on the unpaid balance until paid. The said principal and interest shall be payable at the office of Commercial Federal Savings and Loan Assn, in Omaha, Nebraska , or at such other place as the holder of the note may designate in writing delivered or mailed to the Mortgagor, in monthly installments of Six hundred and thirty form sad Dollars ($ 634.24 ), commencing on the first day of October 1, ,19 80 ,and continuing on 24J100 the first day of etch month thereafter until said note is fully paid, except that, if not sooner paid, the final payment. of principal and interest shall be clue and payable on the first day of September 1, 2010 ; at! according to the terms of a certain promissory note of even date herewith executed by the said Mortgagor. The Mortgagor further agrees: 1. Re will pay the indebtedness, as hereinbefm•e 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 htmdred dollars ($100.00}, 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 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 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 gt•ound rents, if any, next clue, plus the premiums that will next become due and payable nn liolicics of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due nn Che mortgaged Property (all as estimated by the Mort- gagee, and of which the Mortgagor is notified) !ess 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 b.V Mortgagee in trust to pay said {,mound rents, premiums, taxes and special assessments. (b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable on the note secured hemby, shall be paid in a single yrtytnent each month, to be applied to the follow- ingitems iu thoorder siunttd {i) ground rents, taxt_s. a-sssesments. !irY and other hazard i«surrtn¢o premiums; (n) interestunthenotesecuredhereby;and {Ill) amartizatic,n of the principal of said note. Any deficicnc}` i« the anv,unt of ;uiy such ;tggrcgxtr month iy payment shall, unless made good by lhu 'Mortgagor prior to the due date ..1' the next such payment, constitute a^ event of default under this mortgage. AC Alortgagec's option, 1lm•tgagor will pays "late charge" not exceed- ing four per acutum (d`-{) of any insLail meat u~heu paid more than fifteen (15) clays after the clue data thereof to c•o~-er Che extra expense iuvuh•ed in haudlingdelinyuent payments, but such "late chugs" sludl not be payable out ul the Inviceeds oC any sale made to satisfy the indebted- ness securc~l hereby, unless such proceeds ore sufficient to discharge the entire indebtedness and all prolnc cost's and aspensas sc nu'ed thereby. 3. [f the total of the oayments made by the Mortgagor under {a) of paragraph '2 preceding shall exceed the amount of payments actually made by the= ~lnrtgagec~, as trustee, for ground teats, taxes and assessments or insurance premiums, as the case may be, such excess shall be credited by the Mortgsg.~t• ~m subsequent payments to be made by the Mortgagor for such items or, at Mm•tgagee's option, as trusta~e!, shall be reftuuled to \Iot•tgagnr. If, however, such monthly p:tyntents sl«dl out bu sufticieut to pity surit items when the same shall becotne dae and payable, there the blortgrtgur shall pay to the Mortgagcs~, xs tt•usteo, any amount natoevsuy to make up the de!iciency tvithiu thu-ty G;tl) days alter written notice Erato the Mortgagee stating the amount oC t-he dehcizncy, which notice nary be given by mail If at troy time the Mortgagor shall tender to the Mortgagee, in acciu•clance :cith the procisions ul' the note secured hereby, foil payment ut the atttire irdelttadttass raps:-si:ctte;i titerrby, th.= ?:iortgagee, as trusttt•, sli:ifl, in computing Lha amount of such indebtcxlnass, credit w the account of rho Mortgagm~ any uretit baltutce accumulated under the provisions of (a} of Iwralp•aph ? hereof. IF there shall be s default uoder.uty of the provisions of this mortgage resulting in a public sale of the premises coverc~ti hereby, nr if the Mortgagee acquires the property otherwise after dei'sult, the Mortgagee, as trustee, ..hall apply. nt the time of the commencement of such proceedings, or xt the time rho property is otherwise acquired, the arnount then remaining to credit the Mortgagor curler (¢) of paragraph 2 prcxeding, eta s credit nu the interest accrued and unpaid and the balance to the principal then remaining unpaid un said note. 4. The lien of this instr«ment shall remain in full force and effect daring swy postponement w• axteu- siptt of the time of payment of the indebtedness or any part thereof see:ured hereby. • G. He will pay all ground runts, taxes, assessments, mate„r races, and other guverumautal or munic~- pal charges, fines, or impositions, levied upon said premises and that he will pay- all uses levied utwn this mortgage, tie the debt sacui¢-d t.hareby`, iUgethcr with any other taxc-s ur assessments ~~ tnrh tray be lc~ied under t~~ lawsof Nebraska against the lYlw•tgagee, or the legal holder of said princapai cute, oa account of dais lndebtedneas, except when pastnent for a8 such items has thur: tsfore be.•r. ;nad¢ «utlc~r tai of Para- graPh S here;if, and ha ;till ):roagttly dt=liver the n,licial t~ecip. thw,-fair to the ilortgag,re. tr ;,efault thereof the Mortgagee may pay the:;tmte.