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<br /> <br />To HAVE arrn To Horn the same unto the Mortgagee, as herein provided. Mortgagor represents to, <br />and covenants with, the Mortgagee, that the Mortgagor has good right to sell and convey said premises; <br />that they t:re free from encumbrance, except as hereinotherwise recited ;that the Mortgagor will warrant <br />and defend the same against the lawful claims of all persons +ahomsoever. Mortgagor hereby relinquishes <br />all rights of homestead, all marital rights, either in law or in equity, and all other contingent interests of <br />the Mortgagor in and tea the above-described premises. <br />P'ROViDED Arwnrs, and these presents are executed and delivered upon the following conditions, to <br />wit: <br />Mortgagor agrees to pay to the Mortgagee, or order, the aforesaid principal sum with interest from date <br />at the rate of 12.375 per centum ft2. 3 Y$) per annum on the unpaid balance until paid. <br />The said principal and interest shall be payable at the office of Commercial National sank ~ Trust Co. <br />in Grand Island, Nebraska , or at such other place as the holder of the note may designate in <br />writing delivered or mailed to the i4ior•tgagor, in monthly installments of Three xundred Thirty Three & 14/ <br />Dollars {$ 333. i4 ), commencing on the first day of April , 19 gl ,and continuing on 100 <br />the first day of each month thereafter until said note is fnlty paid. except that, if not sooner paid, the final <br />payment of principal and interest shall be due and payable on the first day of March, 2011 ;all <br />according to the terms of a certain promissory note of even date here+vith executed by the said Mortgagor. <br />The Mortgagor fm•ther agrees: <br />1. He will pay the indebtedness, as Irereinbefm•e provided. Privilege is reserved to prepay at any <br />tune, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one <br />installment, or one hundred dolL•rrs ($100,00), whichever is less. Prepayment in full shall be credited on <br />the date received. Partial prepayment, other than on an installment due date, need not be credited until <br />the next following installment due date or thirty days after such prepayment, whichever is eazlier. <br />2. Together with, and in addition to, the monthly paynnents of principal and interest payable under <br />the terms of the note secured hereby, Mortgagor +vill pay to Mc:-'_pagee, as trustee, (under the terms of this <br />trust as hereinafter stated) on the first day of each month until said note is fully paid <br />(¢) A sum equal to the ground rents, if any-, next due, plus the premiums that will next become due <br />and payable on policies of fire and other hazard insurance covering the mortgaged property, <br />plus taxes and assessments next due on the mvrtgaged property (all as estimated by the Mort- <br />gagee, and of ~chich the Mortgagor :~ noti5ecl) l;rss ail sums already paid therefor divided by <br />the number of months to elapse b+•for+~ one rnouih prior to the date ++°hen such ground rents, <br />premiums, taxes and assessments +cill barvme delinquent, such sums to be held by Mortgagee <br />in trust to pay said ground rents, premiums, taxes and special assessments. <br />(b) The aggregate of the amounts payable ptu~suaut to subparagraph (a) and those payable on the <br />note secured hereby, shall be paid in a single payment each month, to be applied to the foIIo+v- <br />ing items in tine order stated <br />(t) ground rents, taxes, assessments, fire and other hazat•d insurance premiums; <br />{!I) interest on the notY securers hereby ;and <br />(lIi) amortization of the principal of said note. <br />Any deficiency in the amount of any Such aggregate nronthiy payment shall, unless made good <br />by the Mortgagor prior to the. due date of the next such payment. constitute an event of default <br />under this mvrtgage. At 3tortgxgee's option, 3ortgagor wilt pay a "late charge" not exceed- <br />ing four per centum (4'~) of an_: installment when paid more than fifteen (l5) clays after the <br />due date thereof to cover the exh•a exlx~nse incoh ed in handling delinquent payments, but such <br />"late charge" shall not be payable out of Che proceeds of any sale made to satisfy the indebted- <br />ness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and <br />all proper costs and expenses secured thereby. <br />3. If the total of the payments made by the Mortgagor under (¢) of paragraph 2 preceding shall <br />exceed the amount of payments actually made by the Mortgagee, as tz•ustee, for ground rents, taxes and <br />assessments or insurance premiums, as the case tray be, such excess shall be credited by the Mortgagee <br />on subsequent payments to be made by the Mortgagor for such items or, at Mortgagee's option, as trustee, <br />shall be refunded tv Mortgagor. If, however, such monthly payments shall not be sufficient to gay such <br />items when the same shall become due and payable, then the Mortgagor shall pay to the Mortgagee, as <br />trustee, any amount necessary to make up the deficient:y +rithin thirty (3d) days after+vritten uotice from <br />the Mortgagee stating the amoun± of the deficiency, which notice may be given by mail. If at any time <br />the Mortgagor shall tender to the Mortgagee, in accordance with Eite provisions of the note secured <br />hereby, full payment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, <br />in computing the amount of such indebtedness, credit to the account of the Mortgagor any credit balance <br />stxumulated under the provisions of (a) of paragraph 2 hereof. If there shall be a default under any <br />of the provisions of this mortgage resulting in a public sale of the premises covered hereby, or if the <br />Mortgagee acquires the property otherwise after default, the Mortgagee, as trustee, shall apply, at the <br />time of the commencement of such proceedings, or at the time tine property is otherwise acquired, the <br />amount then remaining to credit the Mortgagor under (a) of paragraph 2 preceding, as a credit on the <br />interest accrued and unpaid and the balance to the principal then remaining unpaid on said note. <br />4. The lien of this instrument shall remain in full force and effect during any postponement or exten- <br />sion of fire time of payment of the indebtedness or any part thereof secured hereby. <br />5. He wilt pay all ground rents, taxes, assessments, water rates, and other governmental or munici- <br />pal charges, fines, or impositions, levied ulwn said premises and that ha will pay all taxes levied upon this <br />mortgage, or the debt sec;ureci thereby, tvgether with any ether taxes yr assessments +vhieh Wray be levied <br />under the laws of \Tebraska against the Mortgagee, or the legal holder of said principal note, on acevunt of <br />this iudrrbttttnesa, except when paymeart fot• all such items has thezetofvre txen made under (a) of para- <br />graph 2 herevf, and he will promptly rkeliver the official receipts therefor to the .+•Iortsragee. Tn default <br />Eheroof rho Mortgagee may pay the same. <br />