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<br /> 7� U07094 EXPANDABLE MORTGAGE
<br /> ASSIGNMENT OF RENTS �oan No . ____44�3n _ � _ _ _
<br /> KNOW ALL MEN BY THESE PRESENTS That Thomas J . 1 'oi taszew5ki anc'. Robin I', . '�'oitaszewski , husband
<br /> �n� wi f ( heremafter called the Mortgagors) in cons�deration of the sum of
<br /> hirty- �ne Thousand Eight Nundred and no/ 1Q0- - - - - - - - - - - - - - - - - - - - - - Dollars ( 5 31 , ° 0� . �0- - - >
<br /> � loaned to Mortgagors, do hereby grant, bargain , sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha ,
<br /> Nebrdska. ( hereinafler called "Commercial "), rts successors and assigns, the foltowmg described real estate, situated in the County oi,
<br /> 4a11 State of Nebraska , to -wit
<br /> Lot Seventy - Seven ( 77 ) in ':;olfe ' s Subdivision to the City of Grand Island ,
<br /> Hall County , 'Jebraska .
<br /> TO HAVE AND TO HOLD TH [ SAME . w � fh the appurte��ances thereunto belonging. unto Commerciai , its successors and assigns . forever .
<br /> Said Mortgagors he�eby covenant with said Comme� ciai , its successors and assigns , that Mortgagors are lawfully seized ot sa � d prem � ses , tha!
<br /> they are (ree from enambrances . and Ihat they will foiever warrant ana defentl ihe tiUe to said preimses against the lawful ctaims of al I persons
<br /> whomsoevei .
<br /> Prowded . nevertheless , these presents are upon the fuliowmg contl� hons :
<br /> That whereas lhe said Mortgagors as meinbers of Coinmeicial have this oate executetl a note ewdenc � ng such loan and agreeing to repay said
<br /> sum of mm�ey , with interest , in payments as set forth in said note ana have agreed to abide by the terms of sai0 note antl Charter and By -Laws of
<br /> Commercial .
<br /> That whereas this mortgage shall seare any au� it� r�nal advances vnth � nterest . which may . af the opGon of Commercial , be made by Com
<br /> mercial ro the undersigned Mortgagors or their successors in at � e h�� i airy pui ��use at any hme before the ie �ease ana canceliation of this rnortgage ,
<br /> bul PROVIDED . HOWEVER at no t� me shal I lhe aggiegate pnnci ,al ainaint secured by this mortgage , being ihe amount tlue at any time on said
<br /> onginal note and any addit� onal advances made exceetl an amount equal to ll0 peicent ol the amount of the original note . but in no event shall
<br /> said note exceed the maziinum amourrt permittetl by law . and PROVIDED . HOWEVER , that nothing herein contained shall be cuns� dered as hmiting
<br /> the amount thal shall be secured hereby when ativanced te protect ttie secwity or � n accordance with covenants contained in the mortgage .
<br /> Now . it ihe said Mortgagors shall pay or cause to be pa� i7 ttie said sur,is o1 nioney when due as set forth in said note , and any othei note for
<br /> addihonal ativances niade untit said tlebt � s tuliy pa � a with infeiest . then these presents shall be void �, otherNise . to be and remain �n full force antl
<br /> ef(ect; bul if delault shoultl be �nade:
<br /> � a � In any of the payrnenfs due on said note, and any othei note fm atldit � onal ailvances made , as therem agreetl to be matle (or three months , or
<br /> ib � In keeping the irnprovements on said premises insured aga � nst loss by reason o( hre , lightning, and other hazartls � ncluded in extended
<br /> coveiage msurance in an amount not ! ess than the unpa� d balance of saitl mo� igage loao , in a company ur companies acceptable to Conr
<br /> mercial . the originai oi such policy or policies to be heid by Cornmercial . and with a mortgage clause attached lo said policy or poliaes ,
<br /> � n favoi of Commercial : or
<br /> � c i In the payment of taxes and assessments lev� ed upon sa� d prenuses , a on this murtgage , before they are delinquent; or
<br /> ! d � tf there is any change � n the ownersh � p of the� real estate inorlgagetl herem , by sale either outnght or by � and contract or by assigmnent of
<br /> any interest thereon or otherwise:
<br /> then , � n any of the above se6forth events , the whole inAebtetlness hereby secured shall , at the ophon of CommeruaL immetliately become tlue and
<br /> payabie without fur [her notice , and the amount due undei sa� d note antl any other note tor addiUonal advances made shall , frorn the date of the exerase
<br /> of saitl optwn , bear interest at the maximum legat rate per annum and th� s mortgage may then be foreclosed to satisfy the amount due on said nole , and
<br /> arry other note foi additional advances logether with all swns paid by Commerc � a ! for msurance , taxes . assessments and abstract extension charges.
<br /> with interes[ thereon from the date of paymenl al the rnaxunwn legai rate.
<br /> PRUVIDED that in no event either befure m after default shaf i the � nterest due under said note and this mortgage and any other nole for ad
<br /> tlitional advances made exceed the maz � mwn lawfui � nterest rate
<br /> PROVIDED . furihei . that ni the event that default uccuis in the inak� ng of the payments due on said note. ana on any other note fo� additional
<br /> advances , as therein agreed to be matle . or �n keeping the piem � ses insured . as above piovided. or � 1 default be matle in ihe payment of the taxes
<br /> or assessments lewed upon the premises above tlescnbed or upon this mortgage , betore they are by law delinquent, Commeraal shall be entitletl
<br /> to the immediate possession of the premises above descnbetl together with all rents. proceeds and issues aris � ng out of the premises and may
<br /> m its tliscretion use the renls so fa� as � l deen�s necessary fur the pwpose o( niaking repairs upon the preinises and for ihe payment of insurance
<br /> premiums , taxes and assessments upon such premises. and for necessary expenses �narred m renting said premises and collechng rent there(rom , and
<br /> to apply same on said note an0 any notes ewtlencing future ativances hereunder until the indebtedness seared is fully paid; and for such purposes,
<br /> the undersigned does hereby sell . ass � gn set over and transfei unto Commeraai all ot said rents , proceeds and incomes �ncluding any land contract
<br /> payments due mortgage owners or any othei incomes of any type whatsoeve� from said pioperty to be applied on the notes above-descnbetl : but said
<br /> Commereial shall � n no case be i �able for the (ailure to piocure tenants to collect rents, or to prosecu�e actions to recover possession of said premises.
<br /> The Mortgagors (urther appoint Commercial ot Omaha . Neb�aska , their attorney in fact , g� ving said attomey power irrevocabiy . either on its own
<br /> name or Mortgagors' names to Iake all necessary steps foi proceedings in court or otherwise , ro cause said premises to be vacated , to collect rentals
<br /> or other incomes due. and when vacant . to reiet the same , to make al !. reasonabie rep2i � s antl pay taxes out of sai � �ents , profits . contract paymenfs or
<br /> incomes and to tlo all such thmgs either by its ewn officers or by other parties tluly author � zed antl appmntetl hy it , as its agent for sa� tl purpose 2nd
<br /> to charge or pay a reasonable fee lor such serwces . atl of the above to be done at such times an0 in such manner and on such terms as to the� r saitl
<br /> attorney may seeni best. with tull power o( substitutiun .
<br /> The Mortgagors hereby agree that if Cununercial either voiuntarily or invoiunleniy becomes or � s �nade a party to any suit or proceetling ielating
<br /> to the herembefore tlesuibed ieal estate . or to this mortgage or said note or notes . olher than a toieciosure inshtuted by Commereial . Mortgagors will
<br /> ie� mburse Commereial foi all reasonable costs �ncurred bY Connneraal in sa � tl sw ? oi proceed � ng The Mortgagors furthei agree that � f the hereuiuefore
<br /> described real estate or any part thereof be condemned unoer the power of eminent tloma � n , oi � s otheiwise acquiied tor a public use . the damages
<br /> awardetl . fhe proceeds for the taking. and fo� the consideration lor such acquis � hon to the exten � ot the tull arnount of lhe remaining unpaitl indebtetl
<br /> ness secwed by this mortgage . be. and they hereby are assignetl to Commercial and sh ,be paid forthwl (h-ip Commerual to be applied on accounl of
<br /> the last matunng install�nents ot such � ndebtedness. ,' � � � . '
<br /> �ith da (�ecember i9 77 � � '
<br /> Dated this ___ _ _ — __ y o uf _ .. _ _ . _ _ . _ /� ' / _ �� .
<br /> IPI ESENCEOF % ,�%itc'� � '.� � � „ <� �`� �c�--� Ji��a.z?_.�G �
<br /> � Thomas J . '��aszewski /
<br /> - ---- - --- _- -- . � .
<br /> J ., _ ,
<br /> �) ��i—�-�s.� _ �. _.�_r " < L :=-- -< i_�L____ . _
<br /> - - - P.ohin R . '.Joitaszewski �-�— " •
<br /> STATE OF NEBRASKA `� �
<br /> �,,. COuroTv OF Hal l ss ____- --- -----. . - — - _ . _ . �
<br /> On ihis 3th day ot December �g 77 , �erore iae , a notary public in and for saia Countv personal �y came "tt
<br /> �e abc�e nameC
<br /> Thor� s J . ,.bita � zetvsk � and Ro � ir, n _ �.�oitasze�.�s1 i , h�sshan �+ � ^ �? ,., ; Fp
<br /> to me well known to be the �dentical person or persons whose name is oi names aie affixed to the above mortgage as gianto; � r grantors ana Ihey he °
<br /> or sbe, severally acknowleAge the sa�d inst tf1�l��I��'he+*�voluntary act and tleed.
<br /> WITNESS my hand and NoWnal $eal this day St � nUlAftt � " � �
<br /> �W��EBRASKA f
<br /> Mf� �fon . Se 29. ; 974 ; _ r� F . _ �
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<br />::. My Cunim�ssion expires on tfie __. . .�Q �1 __ . ... daV of _S.Ep.1.P�t,1QC � 4 ? n S1 :�. .
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