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<br /> 77'. �►G709�S EXPANDABLE MORTGAGE
<br /> ASSIGNMENT OF RENTS �eac No 44Q�^-_� _ __.
<br /> KNOW ALL MEN BY THESE PRESENTS: Thai Thomas J. Woitaszewski and Robin R. �,�Joitaszewski, husban�
<br /> s�nd wi fe (heremafter called the Mortgagorsj in consideration of the sum of
<br /> 7hirty-Une Thousand Eiaht Hundred and no/100--------------------- Dollars(331 ,3^'l.n�_---�
<br /> � loaned to Mortgagors.do hereby grant, bargain, sell and convey unto COMMERCIAI FEDERAL SAVINGS AND LOAN ASSOCIATION ot Omaha,
<br /> NebrasNa, (heremaker called "Commeraal"), its successors and asslgns, the following descnbed real estate, situated in the County of,
<br /> Hal l Siate of NebrasNa,to-wit:
<br /> The Easterly Fifty feet (E50') of Lot Seventy-'line (7�) and the �.�Jesterly
<br /> Twenty feet (1•120') of Lot f.iqhty (3�) in ���olfe's Subdivision in the City
<br /> of Grand Island, Hall County, 'Vebraska.
<br /> TO HAVE AND TO HOLD THE SAME, with the appurtenances theieunto belonging unto CommerciaL its successors antl ass�gns,fr,rever.
<br /> Said Mo�tgagors hereby covenant with said Connnercial, its successors and assigns. that Mortgagors are iawfuliy seized of sa�d premises, that
<br /> they are free from encumbrances, and that they will forever warrant and Oefena the title ro said premises against the lawful claims of all peisons
<br /> whomsoever.
<br /> Provided. nevertheless, these presents are upon the following contlitions
<br /> That whereas the said Mortgagors as members ot Conimercial bave th�s tlate executed a note evidenung such loan and agree�ng to repay said
<br /> sum of money, with mterest, in payments as set forth in sa�a note and have agreetl to abi0e by the ternis of said note and Charter antl By•Laws of
<br /> Commercial.
<br /> That whereas this morigage shall secu�e any addiLonal advances, with �nterest, wh�ch may, at the option of Commeicial, be inade by Com�
<br /> meicial to the undersgned Mortgagors or theu successors m btie Im any purpose al any lirne before the release and cancellation of this mortgage,
<br /> but PROVIDED. HOWE4ER at no time shall the agg�egate pnncipai amount securetl by this mortgage. Deing the amoont due at any tinie on saitl
<br /> onginal note and any addihonal advances made exceetl an amount equai to 11L' pe�cent of the amount of the onginal note. but�n no event shall
<br /> sa�d note exceed the mazirnum amount penmtted by law and PROVID[D. NOWEVER thal nothing herem containe0 shail be considered as lim�ting
<br /> the amount that shall be secured hereby when advanced to protecl [he secunty cr in accu�dance with covenants containea�n the�nertgage.
<br /> Now, i( the said Mortgagors shali pay oi cause fo be paid the said sums ot inoney when tlue. as set forth in said nole,and any othe�note for
<br /> addiUonal advances matle untU said debt is fully paid w�th inteiest then these presents shall be void:otherNise,lo be antl remain in full force and
<br /> effect; bul if default should be made:
<br /> �a! In any of the payrnents Oue on sa�d note and any othe�note for autlit�onai a�ivances made, as theiein agreed to be made for three months.ui
<br /> tb! In keepmg the improvements on said premises insured againsl !oss by reason of hre lightmng. antl other hazaras incluoetl�n extentleo
<br /> coverage insurance in an amounl not less than the unpa�d balance of said mortgage loan, �n a company or companies acceptable to Com
<br /> mereial, the origlnal oi such policy m puliues to be heltl by Coniniercial and with a mortgage clause attachea to said policy or policies.
<br /> in favor ot Commercial',or
<br /> (ci In the payment of taxes and assessmenis tevied upon said premises.or on this mortgage.before they are Oel�nqueM,or
<br /> itl� If there is any change�n the owne�ship ot the real estate mortgaged here�n by sale e�ther ouhight or by land contract.or by ass�gnment of
<br /> any inteiest thereon or otherwise:
<br /> then. in any of the above set forth events. tt�e whole indebtedness hereby secu�ed shall, at the option ol Commercial,imnietliately become due and
<br /> payable without further notice, and the amount tlue undei said note and any other note foi addit�onal aavances made shall from the date of the ezerase
<br /> of sa�d option,bear interest at the maximum legal rate per annum.antl this niortgage inay then be foreclosed to satisfy the amount due on said nete.and
<br /> any other note for additional advances, together with all sunis paid by Commeicial for insurance. taxes.assessments an�abstract extension cha�ges.
<br /> with �nterest thereon from the dale o(payment at the n�a8imuni iegal rate
<br /> PROVIDED that in no event, either before or after tletauit shali the �nterest due undei said note and this inortgage antl any other note fo�atl
<br /> dihonal advances made exceed the maximum iawful �nteiest iale.
<br /> PROVIDED.further,tha[in the event that default occurs �n the mak�ng of fhe paye�ents tlue on said note,and on any other note fo�atld�bonal
<br /> advances, as therein agreed to be matle, or �n keeping ttie prem�ses insuretl. as above providetl oi�1 default be maae in the payment of the tzxes
<br /> or assessnients levied upon the prenuses above descnbed oi upon th�s mortgage before they are by law delinquent, Commeraal shall be entitled
<br /> to [he immediate possession of the premises atpve tlescr�bed. together w�th all rents. proceeds and issues ansmg out ot the premises antl may
<br /> m its discretion use the rents so tai as it deems necessary for the puipose of making iepai�s upon the prenuses and for the payment of insurance
<br /> prerruums,taxes and assessments upon such premises and for necessary expenses incuired�n renting sa�d premises and collecting rent therefrom.antl
<br /> to apply same on said note aad any notes evidencing future ativances hereunder until the indebtedness securetl�s fully paid;ana for such purposes,
<br /> ihe undersigned does hereby sell. assign, set over and transfer unto Con�meicial all ot saio rents p�ocee0s an0 incomes including arry lantl contract
<br /> payments due morigage owners or any other incomes o(any rype whatsoever from sa�d property to be applied on the notes above descr�beo, but saia
<br /> Commeicial shall in no case be liable tor the failure to piocure tenants,to coliect rents.or to prosecute acUons to recover possession o(saitl p�em�ses
<br /> The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in tacL g�ving said atlomey power irrevocably, e�ther on its own
<br /> name o�Morlgagors'names to take all necessary steps for proceedings in court or otheiw�se to cause sai0 prennses to be vacaled, to collect renlals
<br /> or othei incomes due.and when vacant to relet the sanie. to rnake all ieasonabie repa�rs and pay taxes out of saitl rents,pwhts conUact payments or
<br /> incomes and to do all such things either by its own officeis or by other parties duly authnnzetl antl appoinietl Dy�t as its agent loi saitl puipose.ana
<br /> to charge or pay a reasonable tee for such services, all nf ttie above tr, be tlone at such t�mes and m such manner and orr such terms as tn the�� sa��
<br /> attomey may seem best,with tull power of subshtution
<br /> The Mortgagors hereby agree that if Commerc�al either volunianly ur �nvoluntanly becomes or is made a party to any suit o�proceeding relabng
<br /> to the hereinbefore described reai estate,or to th�s mortgage or said nole o� notes. other than a toreciosure�nst�tutea by Coirnneic�ai Mortgagors wiil
<br /> reimburse Commercial for ali reasona6le cosis mcuired by Commercial in saitl swt or proceetl�ng The Mortgagois!urlher agiee that�f the heie�nbetore
<br /> descnbed real estate or any pait thereof be condernnetl untler ;he power ot eminen� domain or is otherwise acquiretl for a pub!�c use the tlamages
<br /> awarAed, the proceeds for the taking,and for the consideration for such acqws�tion lo the extent o1 the full amount oi the iema�n�ng�npa�d indeble0
<br /> ness secured by lfiis inortgage.be. and they hereby are,assigned to Coinmerciat and shan be paid forthwith to Comme�cial to be appl�etl on account of
<br /> Me las�maturing installments of such indebtedness. /� /'] �
<br /> Dated m�s---.__ uth_..___. day oi_. �ecember._ » 71 � -1��/r/
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<br /> IN ENCE OP �.«�-li�'.'' ���'12�,Kr�-'-- /
<br /> Thomas 1 �i taszewski✓�
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<br /> - -_...__ _ -... _____
<br /> --�, ,
<br /> �!t•c � iti - i �, t �,.: <. �-/._
<br /> — -- __..
<br /> _.__._. _. .� .____ _.__
<br /> __----_-------_-_ Robin R. �,!oitaszewski
<br /> STATE OF NEBRASKA �{ �"
<br /> � ss. _--- ---_.._ _ ___ __.._
<br /> COUNTYOF Hall - .
<br /> 3th December 77
<br /> � On thre _._ ___. _ day ot _ _ _ 19 . before me, a notary Gubl�c �n and for saitl County persona'iv came �;
<br /> the a6ove-named
<br /> ti��..,..a ...+ ,,:c�
<br /> Thomas J. Woitaszewski and Rouin �:. '�+oitaszews�:�, s,. .
<br /> to me well known to be Me ident�cal person or persons whose name is o�names aie artixea to me a�x�ve�.iw�tgage as K�a,��v��.,� g�<+��«�,:,�,,,J C���.I��� ,
<br /> or sfie,severalty acknowledge the saitl in5trument 0nd the execution thereof,to De theii voiuntary act and deed.
<br /> (fA�O G. R1ClfTER /� /���
<br /> WITMESS my hand and Notanal Seai N� a a ear ias�K���A►t+f
<br /> tTATE Of NEBRASKA � ^ t�,,; �� �,, �
<br /> Z � , ln „ ,
<br />..� My cnmmisswn exp�res on the _.___ _____._ -- - -"' �
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