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<br /> 7/'- U�7096 EXPANDABLE MORTGAGE
<br /> ASSIGNMENT OF RENTS Loan No. __.`}n�4�-3 _ _
<br /> KNOW A�L MEN BY THESE PRESENTS:That ThomaS ,l. Woitaszewski and R.obin R. I•!oi taszewski, husband
<br /> dnd Wt fe (hereinafter called the Mortgagors)in considerati9 n of th sum of
<br /> Thi rty-Four Thousand One liundred and no/100------------------------flollars(5 3�,10�.O�h----�
<br /> � loaned to Mortgagors,do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha,
<br /> Nebraska, (hereinafter called "Commerciai"), its successo�s aod assigns, the following described real estate, situated in the County of,
<br /> Hal l SWte of Nebraska,to-wit
<br /> The Easterly Fort.y feet (E40' ) of Lot Fi�hty ('3�) and the 4�!esterl,y Thirty
<br /> feet (W30' ) of Lot Eighty-One (31) in ldolfe's Subdivision to the City of
<br /> Grand Island, Hall County, Nebraska.
<br /> TO HAVE AND TO HOLD THE SAME. with ihe appurtenances Ihereunto belonging, unto Commercial, its successors and assigns.forever.
<br /> Said Mortgagors hereby covenant with said Commerr,ial. its s�ccessors and assigns. that Mortgagors are lawfully seized of said premises. that
<br /> they are free from encumbrances, antl that they will forever warrant and tlefentl the title to said premises against the lawful claims of all persons
<br /> whomsoever.
<br /> Provided, nevertheless, these presents are upon the fol!owing condihons:
<br /> That whereas the said Mortgagors as members of Commerual have this Oate execuled a note evidencing such loan and agreeing to repay said
<br /> surn of money, with mlerest, in payinents as set lorth in saitl note and have ag�eed to abide by the terms of said note and Charter and By-Laws of
<br /> Comrnercial.
<br /> That whereas this rtrortgage shall seare any addihonal advances, with �nterest which may, at the option of Commercial.be made by Com
<br /> mercial lo the undeisigned Mortgagors or their successors ui utle for any pu�pose al any hme before the release and cancellatwn of Ihis mortgage.
<br /> but PROV�DED. NOWEVER. al no hme shal I the aggregate pnncipal an�ounf securetl by this niortgage. bemg the amount due at any time on saitl
<br /> original nole and any additional advances matle exceetl an amount eQual to 110 percent of the amount of the ong�nal note,bul in no event shall
<br /> said note exceed the maximum amounl perrnitted by law and PROVI DED,HOWEVER, that nofhing herem contained shall be considered 2s limi6ng
<br /> the amount that shall be secured hereby when advance0 to protect the secunty or in accordance with covenants contained in the mortgage.
<br /> Now. if the said Mortgagors shail pay or cause to be paid Ihe said sums of money when due,as set forth in said note,and any other note for
<br /> addiUona� advances made until said debt is fully paitl with interest. then these piesents shal I be voi�: olher,vise. to be and remain in full force and
<br /> effecY,but if default shoultl be made:
<br /> �,a) In any of the payments due on said note,and any othe�note foi adtlitionai advances made,as therein agreed to be made for three months, or
<br /> ibi In keeping the improvements on sa�d premises insuretl against loss by reason of fire, lightning, and other hazards induded in extended
<br /> coverage insurance in an amount nol less than the unpa�tl balance of said mortgage loan, in a company or companies acceptable to Com
<br /> mercial. the onginal of such policy or policies to t�held by Commerc�a�. and with a mortgage clause attached to said policy or policies.
<br /> in favo�ot CommerciaC or
<br /> ic� In the paymenl of taxes and assessmen[s le�ied upon saitl premises.or on this mortgage, before they are delinquent:or
<br /> (dl If there is any change in the owne�ship uf tli2 real estate mortgaged here�n, by saie, either outnght or by land contract.or by assignment of
<br /> any interest thereon or othe�w�se;
<br /> then. in any of the above set foRh events. the whole indebtedness here6y secured snall. at the oplion o(Commercial,immediately become tlue and
<br /> payable withuut further notice, and the amount due under sa�a note and any othe�note for adtlitional advances made shall, from the dale o(the exerase
<br /> of said option.bear inlerest at the maximum legal rate per annum,and thi s mortgage may then be foreclosed lo satisfy the amount due on said note,antl
<br /> any other note for additional advances, together with all sums paid by Commeraal for insurance.taxes,assessments and abstract extens�on charges.
<br /> with �nterest thereon from the date of payment at[he maximum iegal rale.
<br /> PROVIDED that in no event, e�ther before oi afte� default, shall fhe mterest due under said note and this mortgage and any other note for ad-
<br /> ditio�al advances made exceed the maximuni lawfui mterest rate
<br /> PROVIDED,(urther,that�n the event that tlefaull uccurs in the inaking of the payments due on said note,and on any other note for adtlitional
<br /> advances, as therein agreed to be made, or in keepmg the preniises insured, as above provided,or if default be matle in the payment of the taxes
<br /> or assessments levied upon the premises above described or upon lh�s mortgage, befoie they are by law tlelinquent, Commertial shail be entitled
<br /> to the iimnediate possession of the p�emises above-tlescribetl. logethei with all renls, proceetls and issues arising out of the p�emises and may
<br /> in its tliscretion use the rents so far as �t deems necessary lo� the purpose of making repairs upon the premises and for the payment cf inswance
<br /> premiums,taxes and assessments upon such premises,antl foi necessary expenses incurred in renting said premises and colfecting rent therefrom,and
<br /> to appty same on said note and any notes evidencuig future a0vances he�euntler until the indebledness secured is fully paid:and for such purposes,
<br /> the undersigned does hereby sell. assign, set ovei and trans(er unto Commercial all of said rents,proceeds and incomes inciudmg any land contract
<br /> payments due mortgage owners or any other incomes of any type whatsoever from said property to be applied on the notes above described; but said
<br /> Commerual shall in no case be liable for the failure lo procuie tenants. to collect rents,or to prosecute actions to recovei possession of sa�d premises.
<br /> The Mortgagors (urther appoint Comrnercial of Omaha, Nebraska, theu attomey in fact, giving said attomey power irrevocably,either on its own
<br /> name or Mortgagors'names to take all necessary steps for proceedings�ri courf or otherwise to cause said premises to be vacated,!o collect rentals
<br /> or other incomes due,and when vacant, to relet the same lo make all reasonable repairs antl pay faxes out of said ren�s. pro(its,contract payments or
<br /> incomes and to do all such things either by its uwn ufficers oi by o[hei part�es duly authonzetl antl appo�nted by�t,as its agent for saia pu�pose,ana
<br /> to charge oi pay a reasonable fee for such serwces. ali of the above to be tlone at such times antl in such manner and on such terms as to fhe�r said
<br /> attomey may seem besi,with full power of substitution.
<br /> The Mortgagors hereby agree that if Comwercial eithei voluntanly or involuntarily becorties or is made a party toany swt or proceeding relating
<br /> to the herembefore descnbed real estate. or to thi s mortgage or said note oi notes. other than a foreclosure instituted by Commeicial,Mortgagors wi II
<br /> reimburse Commercial for all reasonable costs incurred by Commerna! �n saitl sui!or proceeding. The Mor;gagors further agree that if the herembefoie
<br /> descnbed real estale or any part thereof be contlemned untler the powei o(eminent domain. or is otherwise acQuired for a pubhc use,the oa�r.ages
<br /> awarded. lhe proceeds for the taking,and for the consderation (or such acquisition to the extent of the full amount of the remaimng unpaid indebted-
<br /> ness secured by this mor�gage, be,and they hereby are,assigned to Commercial and shail be paid forthwith to Commeicia�to�be applied on account of
<br /> the lasi matwing installments ot such mdebtedness.
<br /> Dated m�s 3th dav or Deeember �077 _�/ �� /� �
<br /> IN T S ICE OF: ,j��-�C"�:l��1...__��� ---.-. �:�
<br /> —� _ _ homas J. 'taszewski �'��
<br /> _ L��_�.�_�_�Jd�,R_:� a.<-�.�----- ti . ;
<br /> Robin R. ioitaszewski �— �- - ^
<br /> --- ------- �.
<br /> ( STATE OF NEBRASKA ` '
<br /> COUMTV Of Hdl 1 ss. ___�_.,_._
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<br /> � On this ___...S�h _.._..__._._day ot.._ .__�4e�_E'..'.►'_. . 19��. , be(ore we. a notary pubhc in and for said Coun(v peisonaily came �
<br /> (t�e etwive-i�awwl
<br /> Thomas J. t�oi taszewski ancJ Robin R. Wa i taszewski , husl�and an�i wi fe
<br /> to me well knavn to be Ihe identical person or persons whose naine is or names are affized to the above�nortgage as grantor or gianto�s ana[hey.he �
<br /> or she,severally acknowledge the said mstroment and the execution thereof.to be their voluntary act and tleec+.
<br /> __....... ,
<br /> (� /�._
<br /> WITNESS my hand and NoUna� Seal this tlay a ye last abo+� C. RICHTER _ "
<br /> GEN�i nOTAHY �
<br /> STATE Of NEBRASKA. Nota�v Ps:;;hc
<br /> 4 My comm�ssion expues on the .__-...29�] .1ly 1�.%�'19 j� ^, ,
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