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' ~ Y <br /> <br />y ~y~ <br />1F1~ 1 ~.5:=#~JS~ <br />~ii:~w nddt~, for Rep~ayr,t of Sections 235 Assistance <br /> <br />y,~yr.^r7'ii 'f'llhr~n~aFy~? <br />~ f~s~' <br />~ie~t"#Ci'k ?s: il,'~,a~~"5~ <br />THIS t'~1RTGAGE, made and executed this sth day of October A.D. <br />19 81, by and between Patrick O, O'Neill and Christine C, O'Neill, husband and wife, <br />of the County of Ha17. , and State of Nebraska, party of the first oar <br />hereinafter called the tlortgagor and the Secretary of the "impartment of Housing and <br />Urban Developrs~nt <br />party of the second part, hereinafter called the Mortgagee. <br />WITNESSETH: That the said Mortgagor, is justly indebted to the Mortganee in the <br />principal St:m of one hundred eight thousand and Noj1o0--------~---- DoiidrS ,g 108,000.00} <br />which principal sum will not exceed an amount computed under the terms of the Note <br />executed by said Mortgagor on Q..tohAr g, 2981 with interest, in <br />accordance svith said Note. That as security for said dote the tlortgagor does by these <br />presents Drant, 3argain, Sell, Convey and Confirm unto the Mortgagee, its successors and <br />assigns the following described real estate situated in the County of Hail <br />State of Nebraska, tq wit <br />Lot Pifty Q~e (511, Fb tash Subdivision, 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 ar hereafter attached to or used in connection with said real estate unto the <br />Mortgagee, and to its successors and assigns, forever. The tlortgagor represents to, and <br />c~zvenants with, the Mortgagee, that the Mortgagor has good right io sell and convey said <br />premises; that they are feee from encumbrance, except for an FHA first mortgage; and that <br />the tlortgagor wilt warran*_ and defend the same against the lawful claims of aTl persons <br />whomsoever; and the said Mortgagor hereby relinquishes ail rights of homestead, and all <br />marital rights, either in law or in equity, and all other contingent interests of the <br />Mortgagor 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 ALWAYS, and these presents are executed and delivered upon the following <br />conditions, to wit: <br />The Mortgagor agrees to pay to the Mortgagee, or order, the principal sum of ale <br />hundred eight thousand and No/I06------°------------ Dollars (SIO8,00o.u© <br />with interest as provided in the Note dated oetober s, lsal and executed by Mortgagor <br />The ~~ortragvr ir. urder s~,re fully to protect the security of this tiortga4es agrees: <br />1. that he w7il pay the 5ndc~tedness, a5 herelnbefQre prOVl deo. NriViiege ~s <br />reserved to pay the debt in whole, or in an amaunt equal to one or more monthly payr~.ents <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 privilec <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 Mortgagor will promptly deliver the official receipts therefor. to the tortgagee. <br />3. The Mortgagor 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 nat prohibited by taw and <br />only to the extent that such will not make this lnan usurious), but excluding any income <br />tax, State or Federal, imposed on Mortgagee, and will file the official receipt showing <br />such payment with the Mortgagee, Upon violation of this undertaking, or if the Mortgagor <br />is prohibited by any taw now or hereafter existing from paying the whole or any portion of <br />the aforesaid taxes, ar upon the rendering of any court decree prohibiting the payment by <br />the Mortgagor or any such taxes, ar if such law or decree provides that any amount so paid <br />the Mortgagor shall be credited on the mortgage debt, the Mortgagee shall have the right to <br />give ninety days' written notice to the owner of the mortgaged premises, requiring the <br />payment of the mortgage debt. If such notice be given, the said debt shall become due, <br />payable and collectible at the expiration of said ninety days. <br />~. <br />