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~Sadl~i~~~l~T i7F FtE~tT"Ei i.^~~ rf,,. __.______ _,..__.._.___ fSN',fl4"! A1.L MEET B'r" 7H',E5E PRESENTS That M.ich,aeB. B+. IK,neale amid patrscia ~g g'steal~, Husbare~ a[nd, °°`:~fs, I:.hesei~rz9t'er ca 3i.d ifl~ M'artgagurs,h in „dnsriaerati,t~ oP tfie sum of ffiftny-three 7~aousand Fight ~3un~dred F"i.fty ar-;1 Fto11OUµ__- -- ---D~>fiarsf,S ~3,15~O.Ofl } f~znod to Mortgagors, dQ here grant, bargain, self a .d cdnvey unto 'COMAIERClAL FEDERAL SAV'INOS AND LOAN ASsOC4ATION of Omaha. Nebraska, {hereinafter called "Commercial'), i#s successors and assigns. the following desc;it;ed ;eat estate, situated ;n the Connty of. ~~, Slate of Nebraska, to-wit: Lot Fifteen (15), Block One (1), in Brentwood S,ibdivision in the City of Grand Zsland, Hall County, Nebraska; TO HAVE AND TO HOLD THE SAME, with the appurtanances thereonie belonging. unto Commeraal. its Successors and assigns, forevei. Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that faQrtgagors are !awfully seized of said premises. that they are free tram encumbrances, 2nd that they will forever warrant and defend the tiYe to said premises against the lawfu! clarets cf alt persons whomsoever. Provided, nevertheless, these presents are upon the following conditions: That whereas the said Mortgagors as members of Commercial have this date ezecuted a note evidencing such loan and zgreeing to repay said sum of money, with interest, in payments as set forth in said note and have agreed to abide try the terms of said note and Charter and Bylaws of Commercial. That whereas this mortgage shall secure any addiiionai advances, ~niN int"r"st, which may, at rho option of Commercial, be made by Com- mercial to the undersigned Mortgagors er their successors in title for any purpose, at any time before the release and cancellation of this mortgage, but PROVIDED, HOWEVER, at no time shalt the aggregate principal amount secured by this mortgage, being the amount due at any time on said original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but in no event shall said note exceed the maximum amount permitted by law, and PROVIDED, HOWEVER, that nothing herein cantainetl shat) be considered as limiting the amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage. Now, if the said hortgagors shall pay or cause io be paid the said sums of money when due, as set forth in said note, and any other note for additional advances made until said debt is fully paid with interest, then these presents shall be void; otherwise, to be and remain is full force and effect; but if default should be made: (a) In any of the payments due on said note, and any other note for additional advances made, as therein agreed to be made for three months, or {b} in keeping the improvements on said premises insured against toss by reason of fire, lightning, and other hazards included i.. ext~i~ coverage insurance in an amount not less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Com- mercial, the original of such policy or policies to be held by Commercial, and with a mortgage clause attached to said policy or policies. ,n fav,.r Cf v`OmmP_rrja l; nr {c} In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or (tl} If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract, or by assignment of any interest thereon or otherwise; then, in any of the above set-forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately become due and payable without further notice, and the amount due under said note and any other note for additional advances made shall, from the date of the exercise of said option, hear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy the amount due on said note, and any offer note for additional advances, together with all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges, with interest thereon from the date of payment at the maximum legal rate. PROVIDED that in no event, either before or after default, shall the interest due under said note and this mortgage and any ether note for ad- ditional advances made exceed the maximum lawful interest rate. PROVIDED, further, that in the event that default occurs in the making of the payments due cn said note, and an any other nofe for additional advances, as therein agreed to be made, or in keeping the premises insured, as above provided, or if defauR be made in the payment of the taxes or assessments levied upon the premises above described or upon this mortgage, before they are by law delinquent, Commercial shall be entitled to the immediate possession of the premises above-described, together with all rents, proceeds and issues arising out of the premises, and may in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon the premises and for the payment of insurance premiums, taxes and assessments upon such premises, and for necessary expenses incurred in renting said premises and collecting rent therefrom, and to apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; and for such purposes, Ne undersigned does hereby sell, assign, set over and transfer unto Commercial ail of said rents, proceeds and incomes ineiuding any land contract payments th:e mortgaga owners or any ether incomes of any type whatsoever from said property to be applied on the Hates atxive-describeG; but said Commercial shall in no case be liable for the failure to procure tenants, to collect rents, or ro prosecute actions io recover possession of said premises. The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocably, either on its own name of Mortgagors' names to take all necessary steps far proceedings in court or otherwise, to cause said premises to 6e vacated, to collect rentals or other inwmes due, and when vacant, to relet the same, to make all reasonable repairs and pay taxes oul of said rents, profits, contract payments or incomes and to do all sucfi things either by its own officers or by other parties duly authorized and appointed by it. as its agent for said purpose, and to charge or pay a reasonable fee for such services, all of the above to be done at such times and in such manner and on such terms as to their said attorney may seem best, with full power of substitution. The Mortgagors hereby agree drat if Commercial either voluntarily or involuntarily becomes or is made a party to any suitor proceeding relating to the hereinbefore described real estate, or to Nis mortgage or said note or notes, other than a foreclosure instituted hY Commercial, Mortgagors will reimburse Commercial for all reasonable costs incured by Commercial in said sort or proceeding. The Mortgagors further agree Nat if the hereinbefore described real estate or any part thereof be condemned under the power of eminent domain, or is otherwise acquired for a public use, the damages awarded, the proceeds far the taking, and for the consideration for S,:ch acquisition to the extent of the full amount of the remaining unpaid intlebtetl- ness secured by Nis mortgage, be, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial to be_applied on account of the last maturing installments of such indebtedness. ~~ ~, ~ " ° Dated Nis ~l tX. day of ~Pril _ , 19 ~`~ .~,~,~~ ~ / ,%~ IN THE PRESENCE OF: j,/ ~~ ~ ~~ '~ F, -- ~~ ~~+ f Michael S. ale JJ _ Patricia J. ~' le STRTE OF NEBRASKA ss. -- COUNTY OF HA1.L~ ' On Nis ~~ day of Aril __ , 19y~ ,before me, a notary public in and for said County, personally came the above-named lSi~hael S. Ktaeale and Patricia J. Kneale, HuabaE-d and Hife, to me well known to be the identical person or persons whose name is or names are affixed to Ne above mortgage as granter or grantors and they, he or stie, severally acknowledge the said instmmenf and the execution thereof, to be their voluntary act and deed. ~31fRAl t~iTARY • ~ s! NsM. RNOLi3 6. iiri,76€iSG WITNESS my hand and Notarial Seal this day and year last abo ritt Comm ~~ n te~9 - - -.;~ _L_1~~~ ~'j~ ,UtXS ?:;al~c My commission expires on the r ~ _.__.-._ _ day of _!!R-__._ , l9~ ~ rd 5+;