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b551GWi~ENi' (~~ i2_hITS ~ 82£12E;S-~: idfrfOtM,AILL fdEN 3y THESE PRESENTS: Tlafl F.obert. It. Ma.Rinster and Arlene E. KcKinster, Hu&band and Wife„ theseinafter rxltp9 the xr~~~gaapr) in cansrdontad~ f the sure y;f SeaezasYyMfoanr Thousand Txo 13wndred aad Nc/1tV0-_______..____ -_ t9olNars IE94,204 fl(7 } laaip~ed tp r~rtgagors„ do heretvy grant bargain, self and convey u,nta COhlf~ERCfAL TEDERRC. SAVfNf~S AND r.flAN A55DCiATt~iv of Omaha, Nebiastra, (hereidafter called " omrrwrcral }, ifs srccessors and assigns. the foffowrng de,,.r~oed roe, estate, srtuated rn fhe County of. HALL State of Nebraska, to-wil: Lot Txelve (12) is Ravenxood Subdivision, located is the South Half of the Southeast Quarter (S 1/2 SE 1/4) of Section Thirteen (13}, Toxnship Eleven (11) North, Range Hine (9) West of the 6th P.Y., Hall County, Nebraska; TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Cpmmereiat, its successors and assrgns, forever. Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that Mortgagors are lawfully seized of said premises, that they are free from encumbrances, and that they will forever warrant and defend the title fo said premises against the lawful claims of all persons whomsoever. Provided, nevertheless, these presents are upon the following conditions: That whereas the said Mortgagors as members of Commercial have this date executed a note evrdencng such loan and agreeing 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 a1-Laws of Commercial. That whereas this mortgage shall secure any additional advances, wrth interest, which ?ay. at the nphon of Commercial, be made try Com- mercial to the undersigned Mortgagors or Heir successors in title for any purpose. at any hme before the release and cancellation of this mortgage, but PROVIDED, HOWEVER, at no time sha!I the aggregate principal amount secured try this mortgage, being the amount due at any time on said original onto and any additiana! advances m°de ^xcezd an a - -t yual 'r i.G perGeni of Gre amount of ibe original note, twt m no event shall said note exceed the maximum amount permitted by law, and PROVIDED, HOWEVER, that nothing herein contained shall 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 Mortgagors shall pay or cause to 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; oherwise, to be and remain in full force and effect; but if default should be made: (aj In any at the payments due on said note. and any other note for additional advances made, as therein agreed to ce made for three months, or (b) In keeping the improvements on said premises insured against lass by reason of fire, lightning, and other hazards included in extended coverage insurance in an amount not less than the unpaiC balance of said mortgage loan, in a company or companies acceptable to Com- mercial, the original of such policy or pot~cies to be held try Commercial, and with a mortgage clause attached to said policy or policies, in favor of Commercial: or f,c) !n the payment of taxes and assessments levied upon said premises, ar on this mortgage, before they are Gelirquenf; or (d) If there is any change in the awnershrp of the real esta±e mortgaged herein, by sale, either outright or by land contract, or try 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 t~come 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 fhe exercise of said option, bear 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 other note for additional advances. tegether 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 other 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 on said note, and on any other note for additiona( advances, as therein agreed to be-made; or in keeping the premises insured, as above provided, or if default 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 rats, 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 premiams, taxes and assessments upon such premises; and for necessary expanses 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 secureG is fully paid; and far sock purposes, Me undersigned does hereby self, assign, set over and transfer unto Commercial all of said rents, proceeds and incomes including any land contract payments due mortgage owners or any other incomes of any type whatsoever from said property to be applied an the notes above-described; but said Commetcialshallidao case 6e liable for the failure to procure tenants, to collect rents. or to prosecute actions to 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 or Mortgagors' names to take all necessary steps for proceedings in court nr otherwise, to cause said premises to ~ vacated, to collect rentals or other incomes due, and when vacant, to relet Lhe same, to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or incomes and to do all such things either by its own officers or by other parties duty 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 atwae 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 that if Commercial either voluntarily or mvoluntanly becomes or is made a party to any suitor proceeding relahng to the hereinbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure instituted by Commercial, Mortgagors will reimburse Commercial for all reasonable costs incurred by Commercial in said suitor proceeding. The Mortgagors further agree that if the hereinbefore described real estate or any part thereof t>e condemned under the power of eminent domain, or is otherwise acquired for a public use, the damages awarded, the proceeds for the taking, and for the consideration (er such acquisition to the extent of the full amount of the remaining unpaid indebted- ness secured by this mortgage, 6e, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial to be applied on account of the last maturing in~Llrygnts of such indebtedness. Dated this~_-.GR, day of April , 19 Tom. IN THE PRESENCE Of: STATE Of NESRRSKA ss obert n. KcKinster Arl~ene~E~.~ K~cKixtster~ ~`~.' `-"~~ f= ` ? N` ~ 'tai' COUNTY flf MALL _/J On this ~>~ "~C day of April ig 7~ ,before me, a notary public in and for said County, personally came the above-names Robert D. KeKinater and Arlene E. KcKinster, Husband and Wife, m me-well known to he the identical person ar persons whose name is or names are affj;~~gmortgage as grantor or grantors and They, he or she, severalty acknowledge the said instrument and the execution eoQEitdE8t4tt land deed. ARrVOt~ ~~ /r WITNESS my hand and Notarial Sea! this day and year Last above w y~ygcnrr• i'n'- o`t' n/7 ~~~-- "~j~ a~ /i ~y Notary P, :.~~c My commission expires an the /? day of _~5~:1~~--- . 1? L.~ °+1-SU