|
<br />78~ ~}~,~~~~ EX~'AId7DABLE I~IORTGrAGE 820257-5
<br />A55tGNA1ENT OF RENTS K1 ~Laan No..~ f
<br />KNONf ALL MEN BY THESE PRESENTS: That Terry Ray Klein ~dfieEre~ina~t€r t~afted'tbe PAOr~'g~~nrs}''in cons~det~an o~afhe s'~m of
<br />TkfETITY-ONE THOt)SAN- ON£ HUNDR£ff FIFTY AN- NQjz~O--------°----~--.--Eottars (3 23.,1.50.00 )
<br />#naned to Mortgagors, do hereby grant; bargain, sett and convey unto COMMERCIAL FEDERAL SAVINGS ANO LOAN ASSOCIATION of Omaha,
<br />Nebraska, (hereinafter cattetl " ommere,at"), fts successors and assigns, tfie 4ollowing .described teat- estate, situated in the County of,
<br />awl, Stato df Nebraska, to-wit:.
<br />.Lot trine ('±~ ;.n B3 ~k Eighty-Fight (St?? in f:>hee3er avd Bennett's Fa+srth Additicr. fa the
<br />City of Grand Island, Ha11 County, Nebraska;
<br />TO HAVE AND 70 HOLD iTtE SAME, with the appurtenances thereunto belonging, unto Commercial, its successors anti assigns, forever.
<br />Said Mar#ga~rrs trere{ty covenant with said Commerciat, its successoss and assi~rs, that Mortgagoss are lawfully seized of said premises, that-
<br />- they are free frmn encumbrances, and that they will forever warrant end rmfend the htte to nerd premises against the lawful claims of air persons
<br />whatsoever.
<br />_ Provided, nevorthofess, these presents are open the foHewing conditions:
<br />- .That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing fti repay said
<br />sum of money, witty interest, in payments as sot forth in said note and have agreed #o abide bi the terms of said noto and Charter and $Y-Laws of
<br />Commercial.
<br />Thatwhereas this nwrtga~ shat! secure any additimrai advances; with interest, which may, at the option of Commercial, ~ made ~ f,`om-
<br />merciaf to the undersigned Martgagars or their successors ie title for any purpose; ai any fires before the re#ease and canreflatien of this mo€tgagr;,
<br />but PROVIDED, HOWEVER, at no time shalt the aggregate principal amount secured try 4r#s mortgage, wing the amount duo at any time on said
<br />original note and-any additional advances made, exceed an amount equal to llD percent of the amount of the origina# rtote, art in no ®vert stialf
<br />said nose exceed the maximum amount permitted by -taw, and PROVIDED, HOWEVER, thaf nothing herein contained sfiali tie considered as limiting
<br />the anouni dot shalt be secured hereby when advanced to protect #ne securitp or in accordance witty covenants contained in the mertgage.
<br />Naw, if the said Mortga~rs shall pay or-cause to be paid the said sums at money ~rtien due, as set forth in said note; and arty ether note for
<br />addifionai advances made until said debt is fully paid with interest, then these prostnts shall be void; otherwise, to ~ and remain in full farce and
<br />affect' tart if dtfautt should be made:
<br />(a) to any of the payments due on said note, acrd-any other note far addi#ional advances made, as therein agreed to ~ made for three moans, ar
<br />fh} in keeping the improvemmrts on said premises insured against toss fry reason of fire, hghfning, and other hazards included in extended
<br />eorerage insurance in an amount not less than- the rmpaid dance of-said mortgage Iaan, ir. a company er eempanies acceptable to Crmr-
<br />menial, tt€e original of such policy or petioles fo t>o herd try Commercial, and with a mortgage clause attached to said policy er patio#xs,
<br />in favor of Canmerciai; er
<br />(c) to the payment of taxes and assessments levied upon slid premises. nr on this mertgage, @tfore they are delinquent; or
<br />(d) tf there is ary cfran~ ~~+ the ownership of the tea( estate mortgaged freroia, by sale, either autrigfit or by land contrail, or by assignment: of
<br />arty interest thereon or otherwise;
<br />their; in arty of the ahave set-forth events, the whole inde~htadrress hereby severed steal I, at Lhe aptian of Connnercia#, immerftate#y Itecmre dire and-
<br />`" p.=yabi8 w(thaut further notice, and the amount due under saidnote and any ether oats for additional advances made shaft, Pram the date af.-tire exercise
<br />-. 'f Said apb,m, wa'€ inf@€cf atMu'.,° m$xtmvm t~gal rat°-`,.fir annL'~.,, 2.n'~i M3;$ m„rfbvs~ mryy Him two faro~tac~,! ra-.~..'.#;Shoe fha ~4'~' .t d;ru -n ea ~I ng}o an,A _ _
<br />- arty other nofe for additional advances, together with alt sums paid by Commercial €or insurance, taxes, assessments and abstract ext~rsian charges,
<br />with interest thereon from the date of paymert ai the max#mum tegal sate.
<br />PROVIDED that in no event, ?iffier before ar after default, shall thesnteresi ckre under said Hato and this mortga~ and any other note for.ad-
<br />ditianal advances made exceed the maximum lawful interest rate.
<br />PROVIDED, further, thaf in the event thaf default occurs in the making of the payments due on mid Hate, and an any-other note far additiatat
<br />au~rc°s, as Gherr+in agreed fo he :aad°, ar in keeping the pr?mis?s inner?d, as above prov9ded, ar if d?fauf# he made in the {~yment of tbo thxes
<br />or assessments levied upon the premises above described ar upon this mertgage, before thei are try law delinquent Canmarcial shal#'be entitled
<br />to the tmm~iare possession of the wises abive-;~svEilx;;; tape sue aII rests. ~aceeds and issues arising out a# the ~ori~s, acrd-may
<br />in its discretion use the rents so far as it deems necessary for the purpsrse of raking re~irs apon the promises and for the ~yment of insurance
<br />preraiums, faxes and assessments upon such premises, and for necessary expenses incurred in renting said premises and co#lecdng rent Hicvofrom,and
<br />to apply sa<nt on said Hatt eyed ary Hates evidarsing future advances hermrnder anti; tine indebtrdiess secureArs fuNy pa#d; arttt for such puryrosos,_
<br />tot u,rdersignod does neroby stiff, assign, set aver and transfer unto Cammtrciaf a!I of said rents; proceeds and incomes iircluding any land contract
<br />_ payments stets mortgage awnets ar any other incomes of any type whatsoever fran said property to be applied on the notes above-described; hutsaid
<br />Commmcial shalt in no wee tie liable for the fai,ure to prawn tenants, to coitoct rents, ar to prosecute actiairs to recover possession of said premises;
<br />Tne fl~irt~~rs further appoint Commercial of Qmaha, Nebraska, their attorney in fast, giving said attorney power irrevopbfy, either on-its own
<br />nee*a ur MastgaWars' nan=as to taken atI necessary sips far proceedings in court or oihor~srist, to cause said promises to tom-vacated, to cot;~.t c~rtals
<br />m, ether inco:nos M,€o. Ord when vacant, to reset ins samo, to make all reasonable repairs and pay taxes Hui of said rents, profits, contract payments ar
<br />in~mes fa do ail streh things eitlrer by its own officors ar by other parties duly authorized and appointed by ft, as its agent for Said purpose, and
<br />to stargt er pay a reasonable fee for sudr servicos, all or the abore to txs dens at such limos and in such manner and on such terms as to their said.
<br />at:~y may s~ test, with furl pawaraf substihrtivn.
<br />The Mor#~gors noroby a~eo that if Commercia} Dither voluntarily ai invaiuntarily becomes or is made a part',! to arW suitor proceeding relating
<br />_ is the hereintrafare described rant ostate, or fo dtfs mortgage or said not? cr notes, ofhor than a foreclosure inshhrted try Canmerciaf, f+~tt~gas veil!
<br />reimburse Ca€ome€cia4 #or all reasonable casts iuwrred b1` Corometaial in said suitor proceeding. Thu Mortgagors further agree #rat if thelterein#~fure
<br />described real estate or any part thereof be condemned under rho power of atintnf domain, or is otherwise acquired-for apublic-use, the tlamage~, i
<br />awarded, the prec~ds far rho thktng, acrd for tlno consi~ration for such acquisition th the extent of the tali amaun# of the remaining unpaid idde6to6~
<br />Huss secr;xed by this r~rtgage, be, and they ;reroigr are, assigned to Commercial and shah be paid torthwith io Commercial to be app@e6 od account of
<br />t~ Est nrathrina Ln~~ of-sash irr;~tstedness,
<br />~tod tiris~m.day at Navernber , t9 78 .~~ ~'~ ~~
<br />~~~~..r~
<br />IN . N~ Of'y
<br />I > d _ T$rry _ y
<br />- Beverly ~`-~~in
<br />STFTE O€ NEtIf?ASKA -
<br />000N?Y OF~
<br />~'
<br />the a~-0c~raned -`~'_ day nt ~t~ ,- 19 ..2~ , tiefare m~, a nafary ~5}ia in and far said Cnuniy, peisonatty came
<br />Tex:.^y nay ttl~ixx ax1~ x`#elgi ,3. ,ei:a_, iHd aid>Kife,
<br />is me w'eIi knotirr. to 5c the identical #rersori or pkrsa€,:wnase a is ar names.are affixed fo-the above mortgage as granter or gra tors and they, he
<br />ae she; severally ackncwledgo Utt said fnstnrment ar~d the-exec `~rrtr ~~yfRa~ct an .d. ,~
<br />WITNESS my hand and Noteriaf Seai Phis day and oar IasY aba n~ nf1°"". ~. ~- n, is /
<br />L' Notary Public ~"
<br />EAy commission expires on fho,.~~~:~:~day of - - , 18~ M-50
<br />
|