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<br /> ,��� ExPAl\TI]ABLE MORTGAGE
<br /> U 0 211 g AS5IGNMENT OF RENTS Loan No._�18919-7_�
<br /> KN'OW ALL MEN BY THESE PRESENTS:That JoeT Sc�tt Hawks and Dal e Ann Hawks, husband and wi fe
<br /> (hereinafter�alled the Mortgagors)in considersti n f he u of
<br /> Twenty-�9ve Thousand Five Hun�ired Fifty and no/100----------------Dollars (E --Z�.��n.��->
<br /> loaned'to Modgagors,do hereby grant,bargain,sell and convey unYo COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha, �
<br /> NebraSka, (hereinafler called "Commercial"), iCs sucaessors and assigns, the fullowing described real esiate, situated in the County of,
<br /> Ha11 State of Nebraska,to-wit
<br /> Lot sixty-fqur (64) in Ruenavista 5ubdiwision, an addition to the
<br /> Gity of Gra:nd Island, Ha11 County> Mebraska, in MW; of 9ec. 22,
<br /> T 11 N R 9 M� 6th P.M.
<br /> 70 HAWf AND TO HOLD 'fM� SAME, wifh ihe appurtemances thereunto belongin�, nnto Commcrr_ia!, its successors and assigns,forevet,
<br /> Said Mnrtgagors hereby eavenaot with said Gommereial, iks suecessors and assigns, that Murt�ago�s are lawiplly seize0 oF said premises, t�at
<br /> fhey are fMee irom encumbranees,and that �hey vvill tqrever warrant and defend the title to said premises against the�awlui claims of all persons
<br /> whomsoever.
<br /> Pravidrd,never(heless, these presents z�e upon the foiiowing canditionr.
<br /> That whereas the said Mort�agors as members of Commercial have this dafe executed a note evidencing such t'oan and agreeing in rr.pay saiG
<br /> sum of money, with interest, in payments as set forth in said note and have a-greed to abitle by me terms of SaiQ note and CharCer and By-Laws�t
<br /> G�merci,al.
<br /> T.hat whereas this aiortgage sha11 seeure any additional advances, with interest, which may, al the�ption�f Commsrcia{,be made Dy Com-
<br /> merciaf to fhe undersigne�l Mortga,gors or iheir successors in lillc for any purpose,al any time 6eiore the retease and cancellafion of this mortgage,
<br /> tiut P'ROVIpED,HOWEVER, a1 no time shall fhc aggregate principal amount secu�ed by this mortgage,beic�g the amount due ata�y fime on said
<br /> orig,inal noCe and any atiQitionai advances made. exceed an amount eGual to II�percenf of the a,mount of the uriginai nDte,bu2 ia no event shall
<br /> said nute exc2ed the maxim�m amount permii#ed by law,and PRf�VID£p.HOWEVER,that nothing herein conlain.e�shall be considered as 4inriting
<br /> the amounS that shal'P be secured herehy when ativanGed to �rotect fhe secur;ty or in aucordanae wiUt eoweoants contained in the mortgage.
<br /> Now, if the said Mc�etgagors shall pay or cause to be paid the said sums of money when due,as set(orth in said aote and any other note for
<br /> adqitiqna!advance's made umtiY said debt is fully paid witlr interest, then 4hese presents shall be vnid;nthCrNise,to be and remain in fu41(orce anp
<br /> effech butif default'shouPd be made:
<br /> (a;� In any nf�he paymemis due on salA note,and�ny other note for addiCianal advances made,as therein agreed tc be made fortheee months,or
<br /> (b) In keepin$ the improvesnents on sgid pcemises insur�y against loss by reasan of fire, lightniug, and ather hazatds included in extended
<br /> coverage insurance in an amount no-t less �han the mnpaid ba6ance of sa+d morlgage foao, iti 2�company or eompanies acteptable to Com•
<br /> mercia! Bie origina!of such po4icy cr policies to b�held by Cornm:erci3l, and w.ith a mortga.ge Clause attached to said pol'rcy or policies; ,
<br /> in favor of Con�mercial;or " .
<br /> (c) 1n the paumenk of taxe:s and assessmenfx�evied wpon said premises,Ur on this mortgage,before Ihey are delinquenC or
<br /> fdj It there is any change in tBe ownership qt ihe real estate rn�r[ga.ged here;in, by sale,either ouGright or by land contract,or Dy ass'rgnment al
<br /> any int0rest therecn or otherwise;
<br /> then, in any of the atiove set-forth evenfs, the whole indebtedncss hereby secw,red shall, at the npfion of('�immercial,immediate�y becnme due and
<br /> payatile wi-�out further notice,and the amounl 4ue under said r1oCe and any other note for addiFiona:advances made shall,fram the Qate of fhe exereise
<br /> of said option,bear inlerest at the maximum 1egal rate per annum,and lhis mortgage may then be forec°Iosetl to saEisfy the amount due on said note,and
<br /> any otber note(or additional advances, together with ail sums paid by Commercial for insurance,taxes,assessmenls and abstract extension charges,
<br /> with ioterest thereon from the date of payment at the maximum legal rate.
<br /> PROVIDEO that in no event, either before or after default,•shall the interest due under said note and this mortgage and any other note for ad-
<br /> ditional advances made exceed the maximum lawfui interest rate.
<br /> PROVIDED,furmer,that in the event that default occurs in the making of the payments due on said note,and on any other note fo�additional
<br /> advances, as therein agreed to be made, or in keeping the premises insured, as above provided,or if default be made in the payment of the taxes
<br /> or assessments ievied upon the premises a6ove described or upon this mortgage, before lhey are by law delinquent, Commercial shall be entitled
<br /> to Ne immediate possession of the premises ahove-described, together with all rents, proceeds and issues arising outof ihe premises,and may
<br /> in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon the premises and for the payment of insurance
<br /> premiums,taxes and assessments upon such premises,and for necessary expenses incurred in renting said premises and collecting rent therefrom,and
<br /> to apply same on said note and any notes evidencing future advances hereunder until the indebtedness seared is fully paid;and for such purposes,
<br /> the undersigned does hereby sell,assign,set over and transfer unto Commercial a�l of said rents,proceeds and incomes including any lantl contract
<br /> payments due mortgdge owners or any other incomes of any type whatsoever from said property to be applied on the notes above-described;but said
<br /> Commercial shali in no case he liable for the failure to procure tenants,to coliect rents,or to prosecute actions to recover possession of said premises.
<br /> The Mortgagors further appoint Commerciai of Omaha, Nehraska, their attorney in fact, giving said attorney power irrevocably,either on its own
<br /> name or Mortgagors'names to take a�l necessary steps for proceedings in court or otherwise,to cause said premises to be vacated, to collect rentals
<br /> or other incomes due,and when vacant, to relet the same,to make al I reasonable repairs and pay taxes out of said rents,profits,contract paymenfs or
<br /> incames and to do all such things either by its own officers ar by other parties duly authorized and appointed by it,as its agent for said purpose,and
<br /> W eharge or pay a reasonable fee for such services,ail ot the above to be done at such times and in such manoer and on such terms as to their said
<br /> attomey may seem best,with full power of substitution.
<br /> The Mortgagors hereby agree that if Commercial either volwtarily or involuntarily becomes or is made a party to any suit or proceeding relating
<br /> to the hereinbe(ore described real estate,or to this mortgage or said note or notes, other than a foreclosure instituted by Commerciat,Mortgagors will
<br /> reimhurse Commercial for all reasonable costs incurred by Commercial in said suit or proceeding. The Mortgagors further agcee that if the hereinbefore
<br /> described real estate or any part thereof be condemned under the power o( eminent domain,or is otherwise acpuired for a pu6lic use,the damages
<br /> awarded, Ne proceeds for the takiag,and for the consideration for such acquisitioo to the extenf of the dl amount of the re ining unpaid indebted-
<br /> ness secured by this mortgage,Ce,and they hereby are,assigned to Commercial and shall be pa or f it to Commerci t applied ccount af
<br /> the last maturing insWltments of such indebtedness.
<br /> Dated this 7 2th day of Apri 1 ,19
<br /> IN E P N OF: '� �
<br /> / C d 5
<br /> ��.'v�_i � �/A�OAi�— 'IV C�-�IJV /�'ci--� . . .t
<br /> Da e Ann Hawks � - -- "x `,� '
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<br /> STATE O F N EBRASKA °
<br /> COUNTY OF Hdl l S5� I r ,�} �
<br /> ' On this �2th day of Ap►"i7 , 19�8 , before me,a notary public in and for said County,personally came i . �� •
<br /> the above-named 3 �- �y `
<br /> Joel Scott Hawks and Dale Ann Hawks, husband and wife � ,,�
<br /> W me weli knawn to tie tfie identicat person or persons wfiose name is or names are affixed to the above mortgage as grantor or grantors and they,he y""'�`•�'
<br /> or she,severally acknowletlge the sa�d instrument and ihe execution thereof,to be their volunlary act and deed.
<br /> C91ER11L NOT11Rr-f1A d NWr /
<br /> WI7NESS my hand and Notarial Seal this day and year last atiove writt AANOLO D.WEDBER� >/ —l / ��
<br /> ■10mOm.EaR�/7 1 L' � !�`_='�d!"� �' �
<br /> Notary Public
<br /> My commission expires on the 7 7th day of Oc,tehPr ,19 Z2. M�50
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