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<br />7g~ .-, E.~PANI3APLE M®RTGAGE
<br />i; ~f ~' ` " `~ ~ t+5S16NMEPIT CF RENTS Loan Pre. _ 820280-6 -
<br />KNOW ALL MEN 8Y THESE PRESENTS: That Lavern J. tfiiller, a single person
<br />(hereinafter called the Mortgagors? in consideration of the sum of
<br />Nineteen Thousand Eight Hundred and No/100-------------------------0ofiarsfS 19,800.00 )
<br />loaoert to Mortgagors, do hereby grant, bargain, self and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha,
<br />Nebraska, ihEreinafter coifed "Commercial"), its successors and assigns, thE foNowing described real estate, situated in the County of,
<br />~ State of Nebraska, to-wit:
<br />Lot TvrQnty-six (2S) in Belmont, an Addition to the City of Grand Island, ?ia].l. Coe:nty,
<br />Nebraska;
<br />TO HAVE AND TO HOLD THE SAME, with the appurtmrances thereunto belonging. unto Commercial, its successors and assigns, forever.
<br />Said Martgagrrs Hereby covenant with said Commertia!, its successors and assigns, that Mortgagors are Iawfutly seized of said premises, that
<br />Grey are free from encumbrances, and that they will forever wzrrant and def~d Yne title to said premises against Cre lawful claims of at! persons
<br />WhamSaeVEf.
<br />Provided, nevarthEless, these presents are open the following conditions:
<br />That whereas the sai6 Mortgagors as members of Commertia! havE Lhis dale ExetutEd a note Evidencing such !ozn and agrEeing to repay said
<br />sum of meamf, with interest, in payments as set forth in said note and have agreed to abidE Crr he terms of said note and Charter and f3yLaws of
<br />Commercial.
<br />That wnerEas this mortgage shat) secure any adtlitiaeal advances, with interest, which may. at thE aptiao of Commerciat, be made by Com•
<br />inertial th the undersigned 6fortgagars or their successocs in title for any purpose, at any time before the re?ease and canceltafion of this mortgage,
<br />but PROVIDED. HOWEVER, at no time shalt the aggregatE principal amount secued try this mortgage, treing the amount due ai any time ar said
<br />origirrai note and any addiiiona[ advances made. exceed an amount equal to i20 percent of the amount of the original Hate, thtt in no event strati
<br />said notE exceed the maximum amount permitted M' law, and PROVIDED, HOWEVEf?, Lfiat nothing herein containEd shat) tre considered as limiting
<br />the amount that shall be secured hereby when. advanced to protect the security nr in attordancE with to°vErrants tantainEd in the mortgage.
<br />Now, if GlE said k4ottgagors shall pay or cause to ~ paid GSE said sums of money when due, as set forth in said note, and any other mote for
<br />additional advances made until said debt is ftrl!y paid with interest, then thesE presents shzl! be void: otherwise. to be and remain in fiat! torte an0
<br />effect; but if default should be made:
<br />(a1 In any of the payments due on said note, and any other note for addi?lanai advances mzdE, as therein agreed to he made far thrEe months, or
<br />fbi !n keeping Ne impravEments on said premises instated zgainst loss fn' reason of hrE, li~rtning, and ether haaards incfude6 is extendei
<br />ccrrerage insurance in an amount not less Phan the unpaid balance at said mortgagE loan, in a company or tom[mnres acceptahfE to Cum-
<br />mercial, the original of such policy or policies to be held by Commertia?, and with a mortgagE trausE attatned to said polity er polities,
<br />in favor of Commercial: ar
<br />fc3 in the payment of taxes and assossr_rts levied upon said prEmises, cr on this r; ortgagE, before they arE dElinquent; or
<br />-d1 If thE:e is 2ny change in the o;mershlp of the real Estate rarfgaged herein, t=j sate. either outright er by !and eonftatt, dr by assignment of
<br />any interest thErEori or otherwise;
<br />then, in arty of the above set-forth Events, the whole indebtedness Hereby seturE<_? she+l, at the other! of Commercial, immEdiate}y beeome duE arfd
<br />payable wiffioat further notiee, and the amarnt duE under said rtaEe and any ether nEtE far additional advances madE sfra?l, from the date of the ExercisE
<br />of said option, Dear interest at the maximum !egat rate per annum, and mis mortgage may inEr, ~ foreciesed to satisfy the amount due err said Hate, and
<br />any atf;ec Hole for additional advances, togeGrzr with ail sums paid by Commertia! for insurance. taxes, assessments and abstract extension charges,
<br />with intErest tnerea~r from the date df payment at the maximum !Egal :ate.
<br />PROVIDED that in no event, eiGaer before or after default, shat( the intErest due under said Hate and this mortgzge and any ether ooh far ad•
<br />ditianat advances made exceed the maximum {awful interest rate.
<br />PROVIDED, further, That in the event that default occurs in the making of thE payments due an said Hate, and on any oNer note far additional
<br />advances, as therein agr°Ed to be Tale, or in keeping the premises insured. as abcvE provided, or if default hE made in Gre payment of the taxes
<br />or assessmEnts levied upon ffie premises above described ar upon G?;s mart; ge, More they are u~ taw dElinquent, Crxnmerial shelf ~ entitled
<br />fo Gne immediate possession of the premises a~ve destriGEd, ?ogEthEr with ail r~,rts, proceeds and issues arising cut cf the premisES, and may
<br />in its distreticn usE thE rents so far as it tlEemS necessary for the p°,rrpose Ef making repairs upon fine premisES and for the-papment of insurance
<br />premiums, axes and assessmmEnts upon such premises, and for necessasy expE^.ses incurrEd in ranting said prEmises and totfetting rent tnerefronr, ~:d
<br />to apply samE on said note and nay notes evidarting fun:re advances hEreundEr until the indebtEdness secured is fully paid; and for such (xrrpo~s,
<br />Gre undErsigned dDES hereby sell, assign, set over and transfer ante Commertia) all of said rents, proceeds znd Incomes including any land cwrttatt
<br />paymEn#s rkuE mortgage owners ar any other incomes of any ?ype whatsoever from said pr~NE:ty E` ~ applied an GtE nofES at~vE~desttihed, tart said
<br />Commerciat shah ir. no case he liable far the failure to procure tenon€s, to taHect rents. ,r to praseurte achdrs to cEtever pessessiEat of said premises.
<br />The 6tartgagars further appoint Commercial of Omaha, NEbraska, their atiumey in fact, gi+nng said attorney power irrevocably, either on its own
<br />name ar Marigagors' names to take al! necessary steps for proceedings in court m otherwise, to cause said prEmises to be vacated, Ea wllett rentals
<br />or other incomes due, and when vacant, ?o relet ine sarrEe, to make all reasonable repairs anal pay taxes out of said rents, profits, cantraU paymEnts or
<br />inwsrres and to do at! such ffiings either by its own officers or by cG:er parties duly autnori?ed and appointed by it. as its agent for said purpose, and
<br />to charge or pay a reasonable f?e for such services, a!! of ?hE a6ave to ~ dame a: such times and in such rmnnEr acrd on such terms as to their said
<br />attorney may seers best, wink foil pawEr of subsGhrbcn.
<br />The Mortgagors hereby agree Gtat if Cap:menial Either vo!untariiy or rnvo!uatasily becomes ar is madE a parT+ to any suitor proceeding retattng
<br />t¢ thE herEinbEfore described real Estate, or to !his moHgagE or said ne?e ar notes. other than a fsreclosu;E fnstfhltEd by Cor!mercial, !dartgagors wilt
<br />reimtrurse CammErcial for ail reasonable costs incurred by Cammertiaf in said c~it ar proceeding- 3i:E Martgagars farther agr:E that i# Gte hereinbefore
<br />dEStribed tea( estate nr any part thEreofi 1m condEmn~t under thE p¢a,er cf _~^;inEnt domain. ar is ofnErwise acq+,rirE~d fEr a pun?,! use, GfE darr:agEs
<br />awarded, the proceeds fa the faking, and for the consideration for such z~cuisition to the Extent of the full amount of the remaining unpaid inde~ted-
<br />nESS sECUred fry this mortgagE, bE, and they Hereby are, assrgned to Gommercra; and shall De pard forth;viUh to Conrme;trat to be applied on atta~nt of
<br />Gre tact mab:ringinstal- Ime~ts of sutfi indetrtEdness.
<br />Dated this _~ 'r"-~ day of _ December . 19 7~ ,~j ~
<br />( ~ / / /j Lavern 3. Millexi~
<br />STr#Tg ^vP NEBRASKA
<br />COONTY OF HALL ~ ss.
<br />On this ~~=s~--.--day of _ II~.>°,>rs~~' ______ .1998 . t~EforE roe, a notary public in and for said Caunky, f~rsorxfty-tame
<br />thE abavE•namEd
<br />Lavern 3, Miller, a single Berson
<br />tp me well-known to fre the identical person or persons whose name is or-names are-affixed to the above mortgage as grantor or grantors and they, he
<br />or she, severally acknowledge the i~g,;rq~ruf![8lkdtll~ttE(irtnereof, to be GrEir voluntary t and deed.
<br />ARNOtD D. VkEDBERG
<br />WITNESS m hand and Notari ~ t~'t979 i~ /I
<br />y (~~~~tas abEVe wr;tten. i` ~/
<br />--1!L~*~-- f G.~2
<br />Notary Public
<br />Pdy commission expires an the ~ ~ day of G -~_._ . iY~' . rd-~G
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