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~fl~~3U~3~.~ To HpvE nNO To HULD the same unto the :41m•tgagee, as herein provided. ;4fiortgagor represents tu, and covenants with; the Mortgagee, that the Mortgagor rtes good right to 'sell and convey said premises; that they are free frvm encumbrance, except as hereuxrther+vise recited ;that the Mortgagor ++iil :Tarrant and defend the same against the lawful claims of all persons whomsoever. &Iortgagvr Itereby relinquishes al! t-fights of homestead, all marital rights, either in la+r yr in equity, ana a!1 othatr contingent interests of the iklortgagor in and to the above-describer) premises. PROVIDED ALWAYS, and these presents are executed and delivered upon the following conditions, to wit: Mortgagor agrees to pay to the 14lmtgagee, or order, the afm-esaid principal sum with interest from date at the rate of Thirteen per centum (13. di.) Per annum vn the unpaid balance until paid. The said principal and interest shalt be payable at the office of Mortgage Plus ineornora±ed in Englewood, Colorado , or at such other place as the holder of the nvte may designate in writing delivered or mailed to the Mortgagor, in mvnthly installments of 'IWO Hundred Forty Nine and OS/100 Dollars ($ • 249.08 ), commencing on the first day of November , 19 80 ,and continuing on the first day of each month thereai'ter until said note is fully paid, except that, if not sooner paid, the final payment of principal and interest shah be due and payable on the first day of October 2010 ;all according to the terms of a certain promissory note of even date here+vith executed by the said Mortgagor. The Mortgagor further agrees: 1. He will pay the indebtedness, as hereinbeforn provided. Privilege is reserved to prepay at any time, without premium yr fee, the entire indebtedness or anc part Thereof not less than the amount of one installment, or one hundred dallazs {$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 fallawhrg installment due date or thirty days after such prepayment, whichever is eazlier. 2. Together with, and in addition to, `te 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 sum equal to the ground rents, if any, next due, plus the premiums that +vill next become due and payable on policies of fire and other hazard insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property (all as estimated by the Mort- gagee, and of +rhich the iViortgagor is notified) less al] 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 +vill become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents, premiums, taxes and special assessments. (b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payab]e on the note secured hereby, shall be paid in a single payment each month, to be applied to the follow- ing items in the order stated (I) g.,,and rents, taxes, assessments, fire and other hazard insurance premiums; (II) interest on the note secured hereby; and {III) amortization of the principal of said note. Any deficiency in the amount of any such aggregate monthly payment shall, unless made good by the lortgagor prior to the due date of the next such payment, constitute att event of default under this mortgage. At Mortgagee's vption, 3ortgagor will pay a "late charge" not exceed- ing four per centum (orb) of any installment when paid more th~rr &fteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such `gate charge" shall not be payable out of the proceeds of any sale made to satisfy the indebted- neas secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. If the total of the payments made by the Mortgagor under (¢) of paragraph 2 preceding shall exceed the amount of payments actually made by the Mortgagee, as trustee, for ground rents, taxes and asseaamenta or insurance premiums, as the case may be, such excess shall be credited by the Mortgagee on subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, shall be refunded to Mortgagor. If, hawever, such monthly payments shall net be sufficient to pay such items whin the Game shall become due and payable, then the Mortgagor shall pay to the Mortgagee, as trustee, any amount neeessa,ry to make up the deficiency within thirty (30} days after written notice from the Mortgagee stating the amount of the deficiency, which notice may be given by mail. If at any time the Mortgsgor shall tender to the Mortgagee, in accordance with the provisions of the note secured hereby, full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in coutputang the amount of such indebtedness, credit to the account ai the Mortgagor any credit balance accumulated under the provisions of (¢) of paragraph 2 hereof. If there shall be a default under any of the provisions oP this mortgage resulting in a public sale of the premises covered hereby, or if the 3(nrtgs~ee acquires the property otherwise after default, the Mortgagee, as trustee, shall apply, at the tipge of the commencement of such proceedings, or at the time the praperty is otherwise acquired, the mnwmt then remaining tp credit the Mortgagor under (¢) of paragraph 2 preceding, as a credit on the irttereat accrued cud unpaid and the balance to the principa- then remaining unpaid on said note, 4. The lien of this instrument shall remain in full force and effect during any postponement or exten- sion of the time of. payment of the indebtedness or any part thereof secw•ed hereby. 5. iEie will pay all ground rents, taxes, assessments, water rates, and other governmental or munici- pal,charges, fines, or impasitiona, levied upon said premises and that he will pay ail taxes levied upon this mortgage, or the debt secured thereby, together with any other taxes or assessments which Wray be levied under the taWSiof Nebraska agsinstthe Mortgagee, or the legal holder of said principal uvte, on accowtt of this indebtedness, except when payment for all such items has theretofore begirt made under (a) of para- graph 8 hereof, and he will promptly deliver the e)))els) receipts therefor to the Mortgagee. In default thereof the Mortgagee map pay the same.