~~-~U68366 ~~.~~~a~~s~.,~ ~®~.TGAG~
<br />ASSiGhtMENT flF RENlTS Laan No. `+7ft05-3
<br />KNOt"t ALi. MEN fSY THESE PRESENTS: That Larry J• Ra7.iins and Kathryn A. Rallies, Husband and Fife,
<br />(hereinafter tailed the kortgagors) in consideration of the sum of
<br />Forty-taro `£housard Three Hundred and. Na/100--_---°----------------Ooltars (52,304,00
<br />Irraned to ~fortgagvrs, do here~r,• grant, bargain, yeti and cenvey unto Cfit~r'MERCiAL FEDERAL SAViNCS AND LEAN ASSOCIATfON of Omaha
<br />Nebraska, (hereinafter tatted "Cammererai"), its successoes arid assigns, the following described teat estate, situated in the Cour±fy cf,
<br />13A? L State of Nebraska, to-wit:
<br />Ttie Easterly Party F'aet {E~O'3 of Lot Eighty {80~ and the ±iesterly Thirty Feet (W30°)
<br />of Lot Eighty-one {Dl) in Walfe's Subdivision in the City of Graxrd Zsland, H~.l County,
<br />?del raska
<br />TO HRYE AND TO HOLD THE SAME, wiN the appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever.
<br />Said fJ.ortgagars hereby covenant with said Commercial, its successors and assigns, that tortgagors are lawtu{ly seized of said premises, Nat
<br />d+o'y are free from encumbrances; and Naf Ney will forever warrant and defend the title to said premises against the lawful claims of at! perstnrs
<br />whensoever.
<br />Provided, nevertheless, Nese presents are upon the following conditions:
<br />that whereas Ne said Portgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said
<br />sum of money, with interest, in payments as set forty in said note and have agreed to abide try Ne terms of sai4 note anal Charter and t3yLaws of
<br />Commercial.
<br />That whereas Nis mortgage shall secure any additiona! advances, wiN inferost, which may, at No option of Commerefat, ~ made bi Cnm-
<br />mercial to the undersigned tAartgagers or Neir successors in title for any purpose, at any time before Ne release and cancellation of Nts mortgage,
<br />but PP,OVtDED, HOWEVER, at nd time shat! Ne aggregate principal amount secured by this nor#gage, being Ne amount due at any time on said
<br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of Ne original Hate, but in ne eaerrt shall
<br />said Hate exceed Ne maximum amount permitted by taw, and PROVIDED, HOWEVER, Naf ncNing herein contained shat} ~ considered as !inviting
<br />Ne amount Nat she's! ba secured hereby when advanced to protect rho security or in accordance with ceverants contained in Ne mortgage.
<br />Hew, if the said f,9odgagors shall pay cr cause io be did Ne said sums of money when due, as set forth in said nets, and any oNer nob? for
<br />additiasaf advance; made untiE said debt is lolly paid wiN interest, Nee these presents shall be void; oNerwise, to he and remain in furl force and
<br />effect; but if default should be made:
<br />(ai to any of the payments due on said note, and any oNer note for additional advances made, as Herein agreed to be made for Nree monNs, or
<br />(b} in keeping Ne improvements on said premises insured against less ty reason of fire, lightning, and other hazards included in extended
<br />coverage insurance in an amount not less than Ne unpaid balance of said mortgage !oan, in a company or companies acceptable to Com-
<br />mercta(, Ne original of such policy or policies to be held by Commercial, and sviN a mortgage clause attached to said policy or policies,
<br />in Favor ai Commercial; or
<br />(c) In rho paymept of taxes and assessments levied upon said premises; nr n this mortgage, before they are defir,querrt; or
<br />(d) tf there is any change in Ne ownership of Ne real es},ate mortgaged tterain. by sate, e~Ner outright ar by land contract, or br 9., . _r^.~nt of
<br />any interest Nareon er o,rerwrse; -
<br />then: in arty of Ne above set-forty events, Ne whole indebtethress beret, secured shad, at the option cf Commercial, immediate3y become due and
<br />payable withoat turNer notice, and Ne amount due urw'ar sate note and any offier note for addi tionai advances made shaft. from Na date of the exercise
<br />of said option, bear interest at Ne maximum regal rate per annum, and Nis mortgage may Nen ~ faractosed to satisfy Ne a<mmm# due on said note, and
<br />env oNer rots €or additional advances, together vriN ail sums paid by Cwnme;ciaf for insurance. axes, assessments and abstract extension ct~ges,
<br />with interest thereon fio,;, No date of payment at the maximum legal rate.
<br />PROYiDED Nat in no event; either before ar after default; stroll the interest sue under said note and Nis mortgage and any other note for ad-
<br />difionaf advances made exceed Ne maxirmrm law#ul interest rate.
<br />Y DED r. ~, ,the .t 'h r J,e - +
<br />RO f ar ~., t ir. ~ ° event at de.ault occurs in making ~ th, ,ag ;its ~~=e a-~E lard note, an;. an any other note for additional
<br />advances, as ttiereir. agreed to he made, ar in keeping Ne promises insured.Las a~ve prr:uided. m if default Ire m~e in bre payment of Ne taxes
<br />or assessments levied upon rho premises above described ar upon Nis ~.ortgage, before they are try taw delinquent, Cammerciai shad be entitled
<br />to L`:e immediate pcssesson of ,;,e promises aizrvr-desa+tz;d, together wiN ail rents, prceeeds and issues arising out of Na premises, and may
<br />in its distre±ian use the rents sa far as it deems necessary far the purpose of mak+ng repairs upon the premises and for Ne ~yment at inmrrance
<br />premiums, axes and assessments upon such premises, and for necessary uzpanses incurrM2 ir, renting said premises and cellecting rent Nerefrom, and
<br />to apply same on said Hate and any notes evidencing future advances here~.rnder uatr? the m~btedness secured is fully paid; and (or--such- purpdses,
<br />the undersigned does hereby sell, assign, set over and hansfer unto Comrercia! ail of sa+d rents. prcteeds and incomes including atry Land centracf
<br />payments tae mortgage owners or any other incomes of any type whatsoever fror^ sate pr arty to be applied on Ne notos aEuve•deserit}ed; tart said
<br />Commercial shaft in no case ~ liable far Ne failure to procure tenar:ts, tc cl!~t arts, cr to prosecute actions tc recover possessio-n of said premises.
<br />The idcrtgagors furNer appoint Ccmmerc+af cf Omaha, Nebraska. their attorney :erect, g+ving said attorney power irrevxabiy, either oo-its nwn
<br />name or Mortgagors' names tc take all necessary steps far proceed+ngs :n court or otherwise, to cause said premises to be vacated, to collect rentals
<br />or other ins=m?s d_~:, and w;?n vaeaat, tc re!°t the su-=. t^ r~aka ail ra:.~:~rabo repairs ~~d ay taxes cut of said rants, profits, contract payments or
<br />incomes and to da all such Nings either by i s awe, officers or ~y curer parties duty autlrcr~zed and appointed by it, as its agent for said pur~sa, and
<br />to ;~r rge or pay a reasonable tea for such ser.:c.s, a!s of the a~s~e to t~ nano at stab t+mes and in such manner and on such terms as to their sold
<br />atto^ray may seem best, wiN full power of ;~,tbst+t:ii :n.
<br />The tdortgagars hereby agree Nat if Cert,,~.ereiai either valusrtarr;y or rnvotuntarify Rratames or is made a party to any smi or proceedingreta@ng
<br />to Na hetefnbetcre described real estate, or to. Nis rrartgage or sa±d note ar notes, ether than a fareulosure instituted ay Commercial, ~fartgagors wilt
<br />•ermtxarsa Ccnimercial for aft reasanabta tests rncurrec by u~-vr :. ;a ,i suit ar pr~eedirg. The ftartgagars furNer agree Naf it Ne hereinbefore
<br />described leaf estate qs ~nY part ~rereof he canden7ned ;rder '~ f aninent rNmair,, ;,r rs otherwise acquires for a public use, Ne damages
<br />awarded, Ne preceads tot the taking, and for Ne consrderaf€an fur suc ; acquisitia• to Ne extent of Ne tuft amount of the remainipg unpaid inde~ted-
<br />ness secured ~ this mcitgage, be; and Ney hereblr era, assigned to Cemmerciaf and stroll be paid tarNwith !o Commercial to ~ applied on account of
<br />die last mabsring fnstai~nents of such indebtedness.
<br />r?~ted t~; ~~ ~, day et ']tr~u~aea._ , z9 ~.
<br />u °E~CE Of:~
<br />STATE Of NEBRASKA
<br />Larry J . ~~ ~~`~-
<br />Kathryn A. Ral~.ins ~~~~~
<br />CcOtiNTY OF FL1Irt. ss.
<br />' On obis ~ _ day. of . Deae~ber , tg 76 , be{era-tee, a nptar
<br />tiro above-named y public in and for said: County, personalty came
<br />Larry J. Rallixrs and Kathrgczs A. Rollins, ktusbamd end Wife,
<br />f ,
<br />to ma ivett knttwo tc lie Ne-identirat person a persons whose Heine. is or names are affixed fc the aboyemortgage as grantor or greeters and Ney, he
<br />or she, seweraEly a.linowt~go the saidtnstremant and the ex uC act and deed.
<br />1~$~d~6 t{4il~ry
<br />P:iiRtllr~ f,. WEt)S£AG /
<br />WITNESS my hand andHotar'rat Seai this'd~ayy and year ins' ime. -t>4r. F7.:azs ~/~~'~i~Al'. L~f~~
<br />dyc. -~~r Notary Public
<br />~fy cammissiun expires an Ne~~_day of , 19!~ M-5C
<br />
|