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Box 1 103,Consumer Loans, Omaha NE 68101.Branch phone number <br /> ------------------------------------------------------------------- -------------- <br /> Space above this line for recording data. �+�1 �: 35�bii <br /> � Commercial MORTGAGE - Collateral 6- � <br /> � Federa/Bank � � <br /> Real Estate Mortgage 3 � <br /> Nature of Indebtedneas Loen Amount Maturity Date Initial Interest Rate <br /> Consumer Loan 8,898.00 11/11/09 5.000 <br /> i, JODE R B�iRD'� and EZI�T gYRt� . <br /> � , <br /> hereby give Commercial Federal Bank,a Federal Savings Bank("Commercial Federal"),whose address is P.�. BC1X 1103, ! <br /> Q��l� � 6a101 a mortgage,with power of sale,of the following property togeiher with all improvements now or � � <br /> hereafter erected on the property,and all easements,rights and appurtenances thereto: <br /> IAT 6(SIX) BIr0C3C 137 (C�E H�Jl�ID�tED Z�TY SEVII� j <br /> IAT 7 (SEUII� SI�0C3� 4 (F�OLJR) IN �SSII, Va�ELIIt <br /> SOUTH ADDITI�i HAT�, C70UNPY 1�12A.St�, <br /> If more than one person signs this Mortgage,the word"I"means"we." <br /> This Mortgage secures a loan made by Commercial Federal evidenced by: <br /> A note dated the same date as this Mortgage in the amount of$ 8,898.00 ,with interest at the initial rate of 5.000 % <br /> per annum,contains the terms for repayment of that loan.If that note is ever changed or replaced by a new note,it will be secured by this Mortgago. ? <br /> :� <br /> i <br /> I promise the following things: ,� <br /> 1. All payments on any note or other debt secured by this Mortgage will be paid when due. � <br /> i <br /> 2. An insurance policy for fire and extended coverage will be kept in force on the property in an amount at least equal to the debts secured by this i <br /> Mortgage plus any other mortgages listed in paregraph 6 below.The insurance company must be satisfactory to Commercial Federal,and � <br /> Commercial Federal will be a named insured on the policy. <br /> 4 <br /> 3. All taxes and assessments on the property will be paid before they become delinquent. <br /> 4. No waste will be committed on the property,and it will be kept in good repair. <br /> 5. The property will not be sold (including by land contract),leased,and no interest in it will be assigned in any way. <br /> 8. I own the property free and clear of any other mortgages or encumbrances EXCEPT ��'-TAT� F��j� 1Vj'jC'' (b, <br /> 7� No other mortgage or lien on the property will ever be allowed to be in default or be foreclosed. <br /> If any of these promises are not kept,then Commercial Federal can declare all of the debt immediately due and payable without advance notice. <br /> Exceptions may be required by law.The interest rate will increase to 19.00%or any lesser of the maximum rate allowable by law at that time,and this <br /> mortgage can be foreclosed in accordance with applicable law.If the debt is accelerated,then I also assign any rent or other income from the property to <br /> Commercial Federal. THE PARTIES AGREE THAT THIS CONSTITUTES A COLLATERAL REAL ESTATE MORTGAGE PURSUANT TO SO.DAKOTA C.L.448-28 � <br /> (FOR SO.DAKOTA RESIDENTS ONLY). In the event of any default in the making of any payment or in keeping any covenant herein,this Mortgage may be <br /> foreclosed by action,or by advertisement as provided by statute or the rules of practice relating thereto,and this paragraph shall be deemed as authorizing and <br /> constituting a power of sale as mentioned in said statute or rules and any amendment thereto,and may retain statutory cosis and attorney fees(SD,WY,MN, <br /> OK,and MI residents only). <br /> Certain amounts can be paid by Commercial federal and added to the debt secured by this Mortgage.Including any taxes or insurance I have agreed to <br /> pay but fail to,any attorney fees or court expenses Commercial Federal pays if it is made a party at any legal action brought by someone else concerning the <br /> property,and any attorney fees or court expenses which the law might allow if Commercial Federal has to go to court against me to collect the debt or <br /> foreclose this mortgage.If any of these things happen,then the additional debt will accrue interest at the same rate as the rest of the debt and must be paid <br /> immediately. <br /> If this property is ever condemned under the power of eminent domain or any similar method of taking property for public use,any proceeds of the taking <br /> will be paid to Commercia� Federal up to the full amouni of the debt secured. <br /> Borrower waives all right of homestead exemption in the properly and future waives all rights of redemption,exemption,distributive share and dower. <br /> Notice to Borrower(for Oklahoma property): A power of sale has been granted in thi ortgage. A power of sale y allow the Mortgage to take the <br /> mo gage prope an se i w� ou going o cou in a orec osure ac ion upon au y orrower er o gage. <br /> 11/11/99 JUDE R BYRNE <br /> Today's Date Borrower's Typed Name Bor wers Signature <br /> t <br /> �I��1 ��'' � � �, <br /> Borrower"s Typed Name rrower's Signature <br /> 318 W 8TH C�2AI�ID IST,ADID, NE 68801 <br /> Borrower"s Address <br /> STATE OF �P�i ) <br /> ) ss. <br /> COUNTY OF HPILL ) <br /> On this 11� day of ��� , 19 99 ,before me,a notary public in and for said county, personally came � <br /> ��' R � 1I]L� �L�Q1 B� . to me known to be the identical person or persons whose <br /> name is or are affixed to the above mortgage,and they,he/she/they severally acknowledged the said instrument and the execution thereof to be their <br /> voluntary act and deed. <br /> WITNESS my hand and notarial seal the day a � {�� �����WGI/ <br /> My commission expires: � Id�G 'statE Of NEb�aS f <br /> NE-IN-WY-IL-SD-MI-AZ-MN-IA �`��R�NA M.S lic's Signature <br /> f�XComm.Exp.Aug. , DN-1077 (07/97) <br />