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8.1 ~~, ~----------- ,
<br />' ; I Second tortgage ;
<br />' 't~~>~~ i~~ ~,~ c, r for
<br />Section 235 Cases
<br />With Addendum,. .for Repayment of Section 235 Assistance r - _ ~
<br />THIS h10RTGAGE, made and executed this 11th day of September A.D.
<br />)9 81 by and between ,7oseph J. McCarville and Jan L. McCarville, Husband and Wife
<br />of the County of Hall and State of Pebraska, party of the first Dart
<br />hereinafter called the Mortgagor and the Secretary of the Department of Housing and
<br />Urban Development
<br />party of the second part, hereinafter called the Mortgagee.
<br />tJITNESSETH: That the said tlortgagor, is justly indebted to the hlortyanee in the
<br />principal Sum Of Ninety seven thousand two hundred and No/100t`rr~---Dollars (897,200.00 }
<br />which principal sum will not exceed an amount computed under the terms of the Note
<br />executed by said Mortgagor on September 11, 1981 with interest, in
<br />accordance vrith said Note. That as security for said Note the tlortgagor does by these
<br />presents Grant, bargain, Sell, Convey and Confirm unto the tortgagee, its successors and
<br />assigns the following described real estate situated in the County of Hali
<br />State Of tlebrd5t:d, t0 wit Lot One (1), Kallos Su`bdiv'ision, in the City of Grand Island,
<br />Hall County, Nebraska
<br />TO HAVE AND TO HOLD the premises above described, with all the appurtenances
<br />thereunto belonging and including all heating, plumbing and lighting fixtures and equip-
<br />ment now or hereafter attached to or used in connection with said real estate unto the
<br />tortgagee, and to its successors and assigns, forever. Tfre t•1ortgayor represents to, and
<br />covenants with, the Mortgagee, that the Mortgagor has good right to sell and convey said
<br />premises; that they are feee from encwnbr°ance, except for an FHA first mortgage; and that
<br />the tlortgagor will warrant and defend the same against the lawful claims of all persons
<br />arhomsoever; and the said Mortgagor hereby relinquishes all rights of homestead, and all
<br />marital rights, either in law or in equity, and all other contingent interests of the
<br />P•iortgaaor in and to the above-described premises, the intention being to convey hereby an
<br />absolute title, in fee simple,-including all rights of homestead, and other rights and
<br />interests as aforesaid.
<br />PROVIDED AL:JAYS, and these presents are executed and delivered upon the following
<br />conditions, to +vit:
<br />The Ftortgagor agrees to pay to the Mortgagee, or order, the principal sum of Ninety
<br />seven thousand two hundred and Ne/109ths-------------------- Dollars ($ 97,200.00 },
<br />with interest as provided in the Note dated September 11, 19~Yrd executed by tlortgagor
<br />The Mortgagor in order more fully to protect the security of this ttortgaoe, agrees:
<br />1. That he will pay the indebtedness, as hereinbefore provided, Privilege is
<br />reserved to pay the debt in whole, or in an amount equal to one or more monthly payments
<br />on the principal that are next due on the note, on the first day of any month prior to
<br />maturity: Provided, however, That written notice of an intention to exercise such privilege
<br />is given at least thirty (30) days prior to prepayment. ,
<br />2. That the Mortgagor will pay ground rents, taxes, assessments, water rates, and
<br />other governmental or municipal charges, fines, or impositions, for which provision has
<br />not been made hereinbefore, and in default thereof the Mortgagee may pay the same; and that
<br />the tlortgagor will promptly deliver the official receipts therefor, to the tortgagee.
<br />3. The tlortgagor will pay all taxes which may be levied upon the Mortgagee`s
<br />interest in said real estate and improvements, and which may be levied upon this mortgage
<br />or the debt secured hereby (but only to the extent that such is not prohibited by law and
<br />only to the extent Chat such will not matte this loan usurious}, but excluding any income
<br />tax, State or federal, imposed on Mortgagee, and will file the official receipt showing
<br />such payment vrith the t4ortyagee. Upon violation of this undertaking, or if the Mortgagor
<br />is prohibited by any law novr Or her~.;arter existing from Paying the v.ho10 or any portion of
<br />fire nfor-e;aid taxes, or upon the ren~l~rin~_t of any court decree prrohibitinq the payr.;eut by
<br />the M•:rrt~iagar of tin; ~,uCh Lr,~a:;, or' it loch ia:•; Or dr.~creB provides that dny amount So I:aid uy
<br />urc tlortgagor shall ue crcditc~d on the inortga~te debt, the htnrtganee shall have the right to
<br />give ninety days' written notice to the ovmer of the mortgaged premises, requiring the
<br />payment of the mortgage debt, If such notice be given, the said debt she 11 heconre due,
<br />payable anA collectible at the expiration of said nioety days.
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