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<br /> 77 U07094 EXPANDABLE MORTGAGE
<br /> ASSIGNMENT OF RENTS Loan Nc. 4��`��'-�
<br /> KNOW ALL MEN BY THESE PRESENTS:That Thomas J. l�loitaszewski and Robin R. !•!oi taszewski , husband
<br /> �n� wi f (hereinattei called the Mortgagors)m consideration of fhe sum of
<br /> hirty-�Sne Thousand Eight Hundred and no/lOn----------------------Doiiarsl5 ''1 ,°��•^0--- )
<br /> � loaned to Mortgagors, do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha.
<br /> Nebr@ska, (hereinafter called "Commeraal"), its successors and assigns, the following descnbed real estate, situated �n the County of,
<br /> `Idl 1 State of Nebraska, to-wit:
<br /> lot Seventy-Seven (77) in '.�olfe's Subdivision to the City of r,rand Island,
<br /> Hall County, "Jebraska.
<br /> TO HAVE AND TO HOLD THE SAME. with the appurtenances thereunto belong�ng, unto Corrmercial. its successors antl ass�gns.forever
<br /> Said Mortgagors hereby covenant with said Commercial, its successors and assigns that Mortgagois are lawfully seized of said prem�ses that
<br /> they are free from encumbrances, and thal they will forever wairant and defena the title to satd premises against the lawful clanns o!ali persons
<br /> whomsaever.
<br /> Prowde0. nevertheless,these presents are upon the (ollowing conditions.
<br /> That whereas the said Mortgagors as members of Cominercial have this date executed a nofe ev�dencing such loan ano agreeing to repay said
<br /> sum of money, wim interest, in paynients as set forth �n saitl note anC have agreed to ab�de by the terms of sa�d note and Charter antl By-L.aws uf
<br /> Commertial.
<br /> That whereas this morlgage shall secu�e any addii�onal advances w�th interest, which may, at the option of Commerc�al be made by Com
<br /> merciai to the undersigned Mortgagors or theu successois�n t�tle foi any puipuse at any t�me before the release and cancellation of th�s mortgage.
<br /> bul PROVIDEO. HOWEVER, at no tirrie shall the aggregate pnncipai amount secuied by this morlgage,being theamount aue alany tiine on sa�tl
<br /> original nole and any additional ativances inade exceea an amounl equal to 110 percenl of the amount ot the onginal note but in no event shall
<br /> said note exceed the maximum amount permi(tetl by law,and PROVIDED,HOWEVER. that noth�ng herem conta�ned shail be consitlered as Inrnhng
<br /> the amount that shall be secured hereby when advanced to p�otect the secunty or in acCordance with covenants contametl in the mortgage.
<br /> Now. if the said Mortgagors shall pay or cause to be paid the said sunis ol inoney when Oue,as set(orth in said no�e,ano 2ny other note for
<br /> addihonai advances made until said tlebt is fully paid with �nterest. then these presents shall be voio:otherNise,to be and remain in full f��r,e antl
<br /> effect; but i(default should be matle:
<br /> ia� In any of the payments tlue on said nofe, and any other note tor sdd�henai advances inade, as therein agreetl to be made for th�ee months. or
<br /> Ib) In keeping the improvements on said premises �nsured against loss by reason of hre, hghtning, antl other hazartls included �n extended
<br /> coverage insurance in an amount not less than the unpa�d balance of sa�d mortgage loan, m a company or coinpanies acceptable to Coni
<br /> mercial, the original of such policy or poliaes to be held hy Comrnercial. and with a mortgage clause attached to sa�d policy or polines.
<br /> in tavor of CoinmerciaL or
<br /> in In the payment of taxes and assessments lev�ed upon saitl prem�ses.oi on this morigage,before they are delinquent,or
<br /> rd? If there is any change in the ownership cf the re�l estate niortgaged herein, by sale.either ouinght or by land contra[t ^r by assignment of
<br /> any interest thereon or otherwise;
<br /> then, in any of the above set forth events. the whole inaebtedness hereby secwed shall, at the option of Commeiaal, immediately become due and
<br /> payable without turther notice,antl the amount due under sa�d note and any other nole for additional advances made shall,from the date o(the exercise
<br /> of said option,bear uiterest at the mazimum legal rate per annum,and th�s moitgage niay then be foreclusetl to satisfy the amount tlue on said nete,antl
<br /> any other note for additional advances, together with all sums paid by Commeraai for�nsurance.taxes. assessments and abstract extension charges,
<br /> with mterest thereon from the date of payment ai ihe maximum legal�ate.
<br /> PROVIDED that in no event. either before or after default. shall the mterest due untler said note and this mortgage antl any other note lo�ad
<br /> ditional advances made exceed the maximum lawful interest rate.
<br /> PROVIDED,further.thal in the event that default occuis in the niaking ot the payments due on said note,and on any other note for atld�lional
<br /> advances, as therein agreed to be made or in keeping [he premises insured. as above providetl, or �f defaull be made m the payment of the taxes
<br /> or assessmenls levied upon the premises above described or upon this mortgage, before they are by law delinquenL Commerual shall be entilletl
<br /> to the immediate possession ol the prem�ses above descnbetl together with al l rents. proceetls and issues ans�ng oul of Ihe premises and may
<br /> in its discretion use the rents so fai as it deems necessa�y for the purpose of mak�ng iepa�rs upon the prem�ses and for Ihe payment of insurance
<br /> premiums, taxes and assessments upon such premises,and for necessary expenses incurred in renhng said p�enuses and coliecUng rent therehmn.and
<br /> to apply same on said note and any notes evidencing(uture ativances he�eunder until the �ndebletlness seared is fully paid;an0 for such purposes.
<br /> the underslgned does herehy sell. assign, set over and transfer unto Commeraa! all of sa�d �ents.proceeds and incomes including any lantl contracf
<br /> payments due mortgage owners or any otfie� incomes ot any type whatsoevei frorn saia property to be applied on the notes above-describe�, but sa�d
<br /> Commercial shall in no case be liable for the failure to procure tenants.to collect rents,or to proseate actions to recovei possession oi said pienuses
<br /> The Mortgagors further appoint Commercial of Omaha. Nebraska their attorney in fact giving said attomey puwer inevocably either on�ts own
<br /> name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise. to cause saitl premises to be vacated, to collec!rentals
<br /> or other incomes due.antl when vacant.to reiet the same, to�nake ail ieasona�ie�epairs and pay tazes out of sa�tl rents,piohis conVact pevments or
<br /> mcomes and to do ali such things either by�ts own officers o� by other parties du�y authonzetl antl appo+nted by �t as its agent tor said purpose and
<br /> to charge or pay a reasonable fee fo�such services. all of the above tu be done at such times an0�n such manner an0 on such terms as to theii saia
<br /> attomey may seem best.wiM full power oi substituhon.
<br /> The Mortgagors hereby agree that if Commerciai either voluntanly or muoWntarily becon�es or �s matle a party to any wit or proceed�ng reiaUng
<br /> to the herembefore described real estate. or to this mortgage or saitl note oi notes. other than a foreclosure inst�tuted by Commercial,Mortgago�s w�il
<br /> reimburse Comme�cial for all reasonable costs incurted by Commerciai in sa�tl suit or proceeding The Mor�gagors furthe�agree that if Ihe herein�efore
<br /> described real estate or any part thereot be conoemned untler the power of emment domain. or is otheiwise acQuired for a pubi�c use the aa���,ages
<br /> awarded, tfie proceeds for the taking,and for the considerahon for such acqws�Gon to the extent of the full amount ot the remam�ng unpaid �naebtetl
<br /> ness secured by this mortgage, be. and they hereby are, assigned ro Commerciai and sh ,be paid forthw�J�-!p Commeraai to be apphed on account of
<br /> the last matwmg installmenls of such intlebtedness. ' ,' 1 �
<br /> Dated tn�s ---�3th ---._aay or - Uecember ..__ . 1q_77 % � �� � .' �— /'
<br /> �( . �, ��, �
<br /> IN ESENCE OF ��t=ll_f��3c,�C".^ --tr L{�L�,cc=�_ > L+r�_.�'�-t.�.
<br /> Thomas 7 '� 'taszewski ��
<br /> ����� - -------___ /� , � �� i .
<br /> jt��.`s`-a�y�--� �� _t.:: i�s.
<br /> -- -----�''-...-- _ _ _ _ .
<br /> _ ..
<br /> -----------_---- ------_--------- -- P,o b i n R. i�o i ta s z ews k i ,
<br /> � STATE OF NEBRASKA `
<br /> COUNTY OF Hall ss ----.____----- --______----- __ _
<br /> °.,
<br /> IIth December 77 �
<br /> Oa fh�s ._.__ _ __ day of 19 befoie ine, a nolary public �n antl foi sa�tl Counlv persona".Iv cairie
<br /> the above named
<br /> Thor.ias J. !'!OltdSzet,rski dl1C� n0�'lfl n. �'�^lt��'_'C!:'S�'1 , �`US!_'?f.^.'� a^'! ���ifn
<br /> to me wel l known to be tl�e identical person or persons whose name is or names are affixed W the above mortgage as granto�o�gianturs anr. they ne `
<br /> or she,severally acknowledge the said mst r�r�e�he+r�voiuntary act and deed.
<br /> GRTEIi �
<br /> WlTNESS my hand and Notarial Seal this day st�w�e�B�� ;
<br /> OdIMdlitlon . Se ?9_1939� � �,t:ne ��,�__ _ �
<br />'' Mv commission expires on Ihe ..___._..��}1__ ... day ot . ._.SPj1L�pY !'' 7^_ . �`��'
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