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7g~ QQS~ 7 ~~ EXPANDABLE M4JRTGAGE a?4o~-s <br />ASSIGNfi1ENT OF RENTS Loan No. <br />KNDW ALL #PEN BY THESE PRESENTS: Thar Dennis Kemper, A single person and Sandra iACZntosh, A single <br />gerscn___________..____________________________ihereinafter called the Mortgagors) in consideration of the sum of <br />Tweet five Tho sa d and NoL3.fi0-------------'----------------------DoitarsiS25 DQ,Cs 40 ) <br />Loaned to~~tortgagors, do~rereby grant, bargasn, sett and convey unto CONIMERCtAL FEDERAL SAVINGS AND LOAN ASSrJ~`IATfO~f of Omaha, <br />Nebraska, iherernafter cailmin'Commercra!"), its suocessors sad assrgns, the following described real estate, situated in the County of, <br />lia3.i 5tafe of Nebraska, to-wit: <br />Lv ~ ?'hi, t~®^ t 1 ~) , potash S=~div; a; on i~a Ha1~ Cor~ty . Nebraska ; <br />TD HAVE At#D TD HD~D THE SAME, with the appurtenances theresnty belonging. rxtto Gommerciat, its successors andassigrrs, #orever. <br />Said Mortgagors hereby covenant veldt said Commercial, its successors and assigns, drat Mortgagors are lawfully seized of said premises, that <br />dray are free fran errcumbrancas, and drat they will forever warrant and defend dre title to said premises against the fawfut claims of sit persons <br />whomsoever. <br />'Proai~d, ne•+ertne#ess, dress presents are upon the fallowing condiGans: <br />`' That whereas the said f~rtgagors as manbers of Commercial have this date execu#ed a note evidencing won loan and agreeing to repay said <br />su'l of nEvnC-y, wift~ interest, in poyma's as set forth in said note aru have agreed th abide by t#re forms cf said note and Charter and gY-Laws of <br />Commarc'tai. <br />That whereas this mortgage shall roosts any additcnal advances. veldt interest, which may, at the option of Commercial, be made by Cam- <br />marciai fo the ur+dersigne4 Mortgagors or their successors ir. title for any perpose. at any time before the release and cancettation of dris mortgage <br />tart PRDVIDED, H04YfVfR, at no time strait dte aggregate princioa! amount secured by this mortgage, being the amount due ai any time mr said <br />original note and any addidonai advances made, exceed an amount egos! *,o IIQ percent of dre amount of the original nv#e, hat is nc event shall <br />said note exceed the maximum amount permitted by law, and PRDVIDED; HDWfVf R, Ghat nodring harem ccntain~ shalt fro conside;ad as limiting <br />dre arnaunt t",at shaft ba severed heretry when advanced tc protect tiro secarity er in accordance veldt covenants corrtained in the mortgage. <br />How.. if the said Mortgagors sha!I Day or cause to be paid the said sums of money vtren due; as set tenth in said Hate, and any other note for <br />addihonai advances made untie said deb! is fully paid ;vide interest, Dien dress presents ~rati 6e void: otherwise, to neand remain in futf torso and <br />effect: but if default should be made: <br />ta) to any of the payments due on said oats, and any Diner not€ for additional advances made, as therein agreed to be n•~ade for three nnxrrdts, or <br />(b) to keeping die improvements nn said premises insured against loss by reason of fire, ligntrring, an=d odrer hazards includes in extended <br />coverage insurance in an amount not less than the unpaid natance of said mortgage town, in a company of companies acceptaltte-ta Com- <br />mercial, dre origins! of such policy yr policies to im held by Cvmmercla(, and vein a mortgage clause attached to said policy cr ~ticies, <br />in famr of Camnrercial; ar <br />(c) in the payment of faxes and assessments levied upon said premises, or on dtis mortgage. nafcre dray are delinquent; or <br />idi df ffiere is any change in the ownership of dte real estate mortgaged herein, by sate, either cotrigtrt or try larrd contract, or by assigma,.... rf <br />amt interest thereon or ct"sr^se; <br />ttren, in arty of -the abvva set-forth events. the vfiole irdebtedrress hereby secures shall; at the option of G~nororciat, nrmariatety Decdrde d~,ie artd <br />payable without Further notice. and the amount due under said dote and any other Hate ter additional advances made strait, from dte date of foe exer~se <br />a# said option, tear in#erest at the maximum legal rate per annum, and dris mortgage may dyer; ~ ferectased Yv satisfy the amount Gut ar said sots. and <br />arty other onto #or ~ditfvrrai advances, together veldt alt sums paid by Commercial for insurance, taxes, assessments and aostract extensiao charges, <br />veldt ingest theiear from ffie date cf pament at dte maximum legal rate. <br />PRDVlDfD tfrat in no event, either before yr after default, shat! dre interest dire under card note and this mortgage and any other note for ad- <br />ditionat advances made excoed dte maximum lawful interest rate. <br />PR4VlDED, further, feat in foe event drat default vca:s in the making of the pa}renis due crr said note; and on any other Hate for additional: <br />advances, as therein agreed to na mods, or in keeping dre premises insured, as atmve provided. or ;f default 6e made in dre payment of the tortes <br />er assessmmenis levied upon dre premises above described a uporr this mortgage, totals dray are try law det'snquerst, Conmerciat stroll be ertfitied <br />to fze imm~iiate zossossiy~ of dra ~emis:s above-orscritred, together wiQr ai! rants, proceeds and issues arising out of the pter~ises, aaG mdy <br />in its discredon use d?e rents so fa€ as it deems necessary for ifre ~nr;po:x of making repairs upon dre premises and for d±e payment of insurance <br />premiums, taxes and assessments open such premises, and for necessary expenses inarzed in re<tting said premises and coites6ng rent-therefrom, ahd- <br />tc apply s~;re ce srid note a.~r any nvt~ evidencing fuLre advances neret;~:der mrGt d:e "sndebtedness seared is fully paid; and #or :,act; igti'poses, <br />foe undersigned does nerotry soil, assign, set over and transfer unto Cvmsncrcaf all of said rents, pr~eeds and incrrnes including arty iartd_cmttratt <br />payments sue mortgage owners or any odor incwnes of arty type wiraisoever from said property th 6e applied on dre rrotes shove-described: but said <br />Cotarmereieisirat#in i,c wee i~ tiafle fsr ~ #aitare th prv,:ure ta~~,ts, tc cvttevt rams; yr tc prosecata acnvns'~, recover N„ssassiof~t of s3id;:.t2~ises. <br />The Mortgagors further appoint Cemmereiat of Drrrana, Nebraska, their attorney in fact, giving said attomey power irsempbly, either on its own <br />name or Mvrigagws' names to take all necessary steps far !roceedings in court or otherwise, to cause said premises tb be vacated, tc collect renthts <br />er odor incomes due, and when vacant, to retet !ne same. to make alt reasonatzte repairs and pay tars out of said rents, profits, contract payments or <br />incomes and to do at! SuGn things either by its own officers vs try other parties duly audtorized an6 appointed by it, as ifs agent for said purpose, and. <br />tv charge yr pay a reasonable tee for such services, all c# the above is be done at such rimes and rn such manner arM on such terms as th dreir said <br />attomcy may Bern host, veldt felt p•3wer of su~tinstian. <br />Toe Mortgagors hereby agree Shat if Crxnmercial ei,ger vvttmtariiy or invotuntarity tnvort2s er is made a arty tc arry wit or proceeding reta6ng <br />to-the trereinbefore described real estate, er to this mortgage or said note or notes. other than a foreclosure instituted 6y Commercial, Mortgagors-will <br />reimlxirse Cmnmercial #vr all reasonatrfe costs incurzd b,+ Crmmizsr:iat ir. said snit or ~viceedi„g. Toe Mortgagors further agree that if the hereinbefore <br />described rest estate a any part thereof Ge condom,+ed umier Lhe power ~* r~rinent domain, ar is odrernise acquired for a putrfic use; ins damages <br />awarded, dse proc+~ts for ;hi taks~.g, anrt ter dre e~?sidere-fio¢; fvz s;;d: acqursiti ,s to rdra ex~nt of tho full amount of Ghe r~naining unpaid indebted- <br />ness secured hY this mortgage, be, and they herelx are, assigned tv Commercial and shalt be paid forthwith to Commercial to ere applied on accowrt of <br />trio last maturing ina}a-f tnerrts of such indebtedness. <br />flared this _ ~ ~ i~c day of -ecem:tier , i3?8 <br />#Ef SfRECEDF: ~I~ <br />!, <br />fl <br />Dente s ttet~er <br />_~.,~~1~ <br />Sandra AfcZntash <br />-STATE t}F N£$RASKA <br />CtitiMTY f3F HeiA~ ss. <br />- Dn this ~ day of ~. D e t,~,_. ~ , 19 26._ ,.before-me, a notary pubttc in and for said County, personaiy rune <br />ifraatreve•nam€d A~nsiie ~ar~ a si~sg~~ p~xst gad Sandra i?feZntosh a side. person <br />tv ma-weft known to-~ the idenGcai person qt persons rrnose frame #s a names are-affixed to th+i abrtirQ mgrtga~ as grantor or grantors and tlrey, ne <br />or she, se~ratty actrir~ited~ dre said instrument and fhaexeeutipii'diereof, lobo-their-vaturitary actand-deed. <br />IY.Nlp1~l,9poeetl ~ ~~ <br />WITNESS my frond and Notarial seal this day and year last wra- vac ~ ,~ <br />- - - y~S ~, t3et. 17, 1879 ~-?Z ~ ~ % ~r!~.~' <br />"tatary Public <br />My cvmmissien oxp(res orr tea. ~ ~ ~ dayeF - . 13 ~~ fa-ap <br />