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80- ~v5o38 To HAVE w:aD To Flot.;f the same unto the lliortgagee, as herein In evicted, Mortgagor represents to, and covenants with, the 1Mortgagee, that the :Mortgagor has good right to sell and convey said premises; ti that they are free from encumbrance, except as hereinothcrwise recited ;that the Mortgagor will warrant and defend the same against the latcl'ul claims of ail persons whontsvever. Mortgagor hereby relinquishes all rights of homestead, all marititl rights, either in law or in equity, and all other contingent interests of the Mortgagor in and to the shave-described 1>r°emises• HROVtt)ED ALWAYS, and these presents are executed and eelivered upon the following conditions, to wit Mortgagor agrees to pay to the Riortgagee, or order, the aforesaid principal sum with interest from date at the rate of Ten & Three Quarters per centum (l0.7r) per annum on the unpaid Balance until paid. The said princilkz! and inier•est shall Le payable at the office of Mortgage Plus Incorporated in En4lewood, Colorado , or at such other place as the holder of the note may designate in writing delivered or mailed tv the_11vt•tgagor, in rnuntitiy installments of Three Hundred Thirty Six and 124/100ths Dollars ($ 336.24 ), commencing on the first ,lay of November 1, , I;BO ,and continuing on the first day of each month thereafter until said note is fully ,,aid, except that, if not sooner paid, the final payment of principal and interest shall be due and ;_>=,yable on the first clay of October 2010 ;all act:ording io the terms of a certain promissory note of even date heretivith executed b;'the said lortgagor. Tito Mortgagor further agrees: 1. He will pay the indebtedness, ss hereinbefin-e provided. Privilege is reserved to prepay at any time, without premium or fee, the er,ti,•e indebtedness or an> part thereof not less than the amount of one installment, or one hundred dollars ($I00.00), 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 o: thirty days after such prepayment, whichever is earlier. 2 Togolese with, and in addition to, :he mvnthh' nayments of principal and interest payable under the terms of the note secured hereby, Mortgagor will pay to ;Mortgagee, as trustee, (antler the terms of this trust as hereinafter stated) on the first day of each month until said note is fully paid: (a) A sum dual to the ground rents. if any, next due, p}us 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 next due o^ the mortgaged property (all as estimated by the biott- gagee, and of Gvhich the Mortgagor is notified) less all sums already paid therefor divided by the number of months to ,•lapse befor:~ „ne month prior to the date when such ground rents, premiums, taxes and assessments will become delinquent, such sums to be held lv Mortgagee in trust to pay said ground rents, premiums, rases and special assessments. (U} The aggregate of the amounts payable pursuant to subparagraph (u) and dose payable on the, Hate secured hereby, shah bc: paid in a single lea; meet each month, to be applied to the follow- ing items in the order stated : (i) ground rents, taxes assessments, lire and other hazard insw•ance premiums; (II) interest on the note secured hereby ;and (tu) amortization of the principal of said note. Any deficiency in He amount of stay such aggregate monthly payment shall, unless made good by the Jlvrtgagor prior to the due tla[e of the next such payment, constitute an event of default under this mortgage. At Mortgagee's option, 3lortgagvr will pay a "late charge" not exceed- ing four per cantum (45i 1 of arry installment when paid more than fifteen (t5} days after the due date Here•vf to covet• the extra expense: involved in hardlingdelinquent payments, lot such "late charge" shall not le payable out of the proceeds of any sale made ko satisfy the indebted- ness sec creel lterelry, nnless such proceeds ai'e Suit dent tit discharge ilte entire indebtednes3 and all proper costs and expenses secure~ci Hereby. 3. if the total of the payments made by the Mortgagor under (a} of paragraph 2 preceding shalt exceed 'the amount of payments actually made by the Aiortgagee, as trustee, for ground rents, taxes and assessments or insurance gremiums, as the case may be, such excess shalt be credited by the Mortgagee on subsepuent payments to be made by the Mortgagor for such items vr, at Mortgagee's option, as trustee, shall be refunded to Mortgagor. lf, however, such monthly payments shall not be sufficient to pay such itdtm when the same shalt become due and payable, then the 3lortgagar shall pay to the 3tortgagee, as trustee, any amount necessary to make up the cle ficiency within thirty (3U) days after ,vrtttett ctutice frvtn the 11[ortgaQ,ee stating the amount of the deficiency, which notice may be given by mail. if at any time the DtostpyTor shall tender to the Mortgagee, in ac.•t;ordanee will the prorisiosts of the Hole secured hereby, fell payment of the entire indebtedness rePresi<nted thereby, the '_Mcrigage2, as trustee, shall, iu camgwtiug the amount of such indalrtedness, credit W the account of the Mortgagor any credit lalancc arxumulated under the provisions of (fl} of paragragh 2 hereof. If there shalt be a default under any oS the provisions of thin .mortgage resulting in a public sale of the premises evvared hereby, ur if He ][sartpgee acquires the property otlterwiae after default, the :1Lortgagt'e, as trustee, shall apply, at the time of the etsnmencemeat of ~tclt proceedings, or at the time the property is otherwise acquired, the suWUnt then. reagsieting tp credit tee Mortgagor under (a} of paragraph 2 preceding, as a ere-dit un ttie interest accrued and unpaid and the balance tt, the principal then remaining unpaid on said note. 4. 7Yte lies of this instru,-nettt shall remain in full force and effect during any postponement yr exten- sion of the time of payment of the it:debtavlness or any part thereof scw:ured hereby. S. lie rvlll pay all ground rents, taxc>s, asscssmersts, water rates, and utter gvvertmiental or munici- pal charges, fined or impositions. levied upuu said pt,•emises atacl H;~t he will pay a!1 ta.xes levied upon ibis taortgage, os the debt secured thereby, togettrer will any other taxes or assESSmt+tsl5 a loci, Wray be leviod ttiulertheta~t~of Nebraskaagainstthe Mortgagee,ar the legal hu}der of said principal note, or, account oY this 'indubt<+drresa, ea+eepl tivhen payment for all such items has there;tti,fure beet, made under Ica) of p»ra- graph 2 hereof, and le, will promptly deliver the official rr.~ceipt;; Bla:refar to the 3fe,rtgage+e. In default thoreo€ the 9iortgagee may pay the same.