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~~-~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 />