|
~g® t1~f~ 3~e~} ~~~'~IdTBaBLE Ii~10~t.TGAGE a741a-4
<br />ASSIGNMENT OF RENTS Loan No.
<br />KNOW ALL MEN BY THESE PRESENTS: That Randall F. Robinson; a single person
<br />(hereinafter called the Mortgagors) in consideration of the sum of
<br />TWENTY SEVEN THOUSAND TWO HUNDRED DOLLARS AND NO/100----•------------pollars(527,200.00----)
<br />loaned to Mortgagors, do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVItOS AND LOAN ASSOCIATION of Omaha,
<br />Nebraska, (hereinafter called "Commercial"), its successors and assigns, the following described real estate. situated in the County of,
<br />Hall State of Nebraska, to-wit:
<br />Lot Thirty-Nine (39), Potash Subdivision, in
<br />Hall County, Nebraska
<br />TO HAVE AND TO HOLG THE SAME, with the appurtenances thereunto helongirg, unto Commercial, its successors and assigns, forever.
<br />Said Mortgagors hereby covenant wibh said Commercial, its successors and assigns, that Mortgagors are lawfully seized cf sartl premises, that
<br />they are free from encumbrances, and that they will forever warrant and defend the title to said premises against the lawful claims of all persons
<br />whomsoever.
<br />Provided. nevertheless. these presents are upon the following conditions:
<br />That whereas the said Mortgagors 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 forth in said note and have agreed to abide by the terms of said note and Charter and Bylaws of
<br />Commercial.
<br />That whereas ;his mortgage shall secure any additional advances, with interest, vrhich may, at the option of Commercial, be made 6y Com-
<br />mercial to the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cancellation of this mortgage,
<br />but PROVIDED, HOWEVER. at no time shall the aggregate principal amount secured by this mortgage. being the amount due at any time on said
<br />original note and any additional advances made, exceed an amount equal to 1t0 percent of the amount of the original note, hot in no event shall
<br />said note exceed the maximum amount permitted by law, and PROVIDED, HDWEVER, that nothing horein comained shall be considered as limiting
<br />the amount Nat shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage.
<br />Naw. if the said tdartgagnrs shall pay or cause to 6e paid Ne said sums of money when due, as sot forth in said note, and any other note far
<br />add!tia;a! advances made until said debt is fully paid with interest, then these presents shall be void: otherwise. to be and remain in full force and
<br />effect; but if default should b? made:
<br />(aj !n any of the payments due on said note, and any ether note for additonai advances made. as therein agreed to be made 'tar three months, or
<br />ib; In keeping the imprcvemenis an said premises insured against Toss by reason of fire. Gghtn!ng, and other hazards included in extended
<br />coverage !nsurance m an amount not less than the unpaid balance of said mortgage loan. m a company ar companies acceptable to Com-
<br />mercial, the original of such policy ar policies to be held by Commercial, and with a mortgage clause attached to sold policy ar policies.
<br />ir. favor of Commercial: or
<br />icf In the payment of taxes and assessments levied upon said premises, ar an ibis mortgage. bet,~re L;ey ate deimgeenk ar
<br />~di if there !s any change m the ownership of the real estate mortgaged berets by sale. either cutr,ght ar try !and eoatract, dr by assignment of
<br />any rnteresi Nerean or otherwise;
<br />itre-n, in any of the above set-forth events, the ~nhote indebtedness hereby securea sna!i. at the option of Camnerc!a;, imr?diateiy ;2tome due and
<br />sayable without further notice, and the amount due under said note and any other note far add!6o;~at advances made shalt, Loin Ne date of the exercise
<br />of said option; bear interest at the maximum legal rate per annum. and Nrs mortgage may then ~ f°arac,ased to satisfy the amount due an said note, and
<br />any other note far additional advances, together with all sums paid 6y Cammeraa! for insurance taxes- asse's~T~ents and abstract extension charges,
<br />wiN interest Nereid from the date of payment at the maximum legal rate.
<br />PRDVIDEC that in no event, either before or after default. shalt the interest due under sold Dote and ;his maagage and any other note for ad-
<br />ditional advances made exceed the maximum !awful interest rate.
<br />PROVIDED, further, that in the event that default occurs m the making of the paymantc-due cn said note. and on any other note for adtlitimral
<br />ad.anees, as therein agreed to be made. ar in keeping the premises insured, as above pr;,videa, c .f 6efauit oe mace i.. Ne payment of the taxes
<br />or assessments levied upon the premises above described ar upon Nis martgaee. 'More they are by taw delinquent. Commercial shall be entitled
<br />to the immediate possession of Ne premises abode-described. ±aget;~er w:Gh alt rrlnis. prceeds and issues arising nut of Ne premises, and may
<br />in its discretion use the rents se far as it deems necessary fnr the purpose ct ma<r:^.g repairs upon the premrses and for fhe payment of insurance
<br />prerniums, taxes and assessments upon such premises, and far necessary expenses incurred in renting said premises and collecting rent Nerefrom, and
<br />to apply same on said Hate and any notes evidencing future advances hereunder drti! Ne indahfedness secured is fully paid: and for such purposes,
<br />the undersigned does hereby sell, assign, set over and transfer ante Cdrr,merda! ail dt said rents. proceeds and incomes including any {and contract
<br />payments due mortgage owners or any other incomes of any Type whatsoever from said property to he applied an the notes afmve-described; twt said
<br />Commercial shall in no case be liable for Ne failure to procure tenants. to collect rents. c td prosecute actions to recover possession of said premises.
<br />The Mortgagors further apporni Crn,~,eraial of Omaha. NeG;aska.:herr aftorney in fart. diving said attorney power irrevocably, dither do its awn
<br />name or Mortgagors' names to take ail ndcessary steps for proceedings .n court pr pNerwise. to cause said premises to be vacated. to collect rentals
<br />or other incomes due, and when vacant, to relet the same, to make ail reasonable repairs and pay taxes apt of sold rents, prohts, contract payments or
<br />incomes and to dd ail such things either by its awn officers or by ether parties duly authorized and appointed by it. as is agent for said purpose, and
<br />to charge or pay a reasonable fee far such serv!ces, all of the above to be done at such times and m such manner and do such terms as to Neir said
<br />attorney may seem best, wiN full power of suhst:tution.
<br />The Mortgagors hereby agree Nat if Coi,:merc!al either va!untariiy or mvaiuntanly ~cames ar ~s made a party to amr sort or proceeding relating
<br />to the hereinbefnre described real estate. er t;, this mortgage or said note or notes. other Nan a fcrcc:asure instituted by Commercial. Mortgagors will
<br />reimbr:rse Commercial for all reasonable costs ;r,curred by Commercial m Baia smt or proceeding. The Mortgagors further agree that if the hereinbefnre
<br />desdcibed real estate ar any part thereof be cardemned under Ne power of eminent domain, or is otherwise acquired for a public use, Ne damages
<br />awarded, Ne proceeds for Ne taking, and for the consideration for such acquisdidn tc the extent of the full amount aF the remaining unpaid indebted-
<br />ness secured by this «wrtgage, be. and Ney hereby are, assrgled to Cormerciai 2nd ;,hall be pard forthwith to Commercial to be applied on accorn±t of
<br />the fast maturing installments of such indebtedness.
<br />Dated ihisday of HarCh 29 79 .
<br />d
<br />STATE OF NEBRASKA
<br />COONTY OF ss.
<br />~~`-Lam,,-p~-`~Y (i C.,.)'Cn~~~~.1~,±`,,-
<br />Randall F. Robinson
<br />ARNtXD D. WEDBERG
<br />MY COmm. ~ Ost. 77, 1479
<br />On this day of PSarch 19 79 , before me, a notary public in and for said County, personally came
<br />the above-named
<br />Randall F. Robinson; a single person
<br />to me waft known to be the identical person or persons whose name is or names are affixed to the above mortgage as grantor or grantors and Ney; he
<br />orshe; severally acknowledge the said instrument and the execution thereof, to be their voluntary act and deed. /~
<br />WITNESS my trend and Notadal Seal this day and year last above written. ~ fE
<br />Notary Publi~
<br />My commission expires on the ~~ day of _ ~ 17~. M-50
<br />
|