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<br />ASSiGiMANENT ~1F REN'~~ - --_------..._-..
<br />IKNt}~ At.t'~M£N B'y TH£5£ PR£S£NTS: Ttrat Dang:0.as D. i4tma3t a:>~ f;ia~wa F,. 4#un+~t, ;3usba~sd and rife,
<br />{^g±~rt'a#,.' ca#~'',re 9d~i3~^,rSi ;n r~^SidesaLh;rt ,f :ne ~.-9 if
<br />Thirty-Acne Thauaaad Eight Htmdred ash 3ioJlit#---------------------$~,H€ars {3 39.300.00 i
<br />toaratt to At3rtgagors, do ft€r grant, t~rgain, sell acrd eo• ;irYo Cft;fE~ Ai FEp_i=1±~ SAVfNuS ANDtr3A!i A.SS~fATfOfi of Omaha.
<br />Nebras~tlereinafter calfed "Commercrat"j. its su~.cessors and assrgn>. ttrm fofioxrng d-~crrtrd rea; es#a#e. situa#ed ;n ft:e County uf.
<br />State of Nebraska. tv-xrit:
<br />The taeSterly SeYlAtetA {I7) Peet of Lat Five (5) and the Easterly Party-aTie (41) Fcet of
<br />Lat Six (6), all in Black Three (3}, iA Boccie Second Addition to the City of Grand island,
<br />Hall County, Nebraska;
<br />70 HAVE AND TO HOt_D THE SAME. with the appurtenances thereunto deis~g;np. w .; GxT,=ernai its successors and assrgns, forerer.
<br />Said Mort~gors hereby covenant witr, said Commercal_ its successors and assigns, Gnat Mortgagors are !awfu!'y serzed of sa+d prgimrses, drat
<br />they are free from encumbrances, and that they wil! forgive? 'narrant and defend the tale to sold c=?^,ses against the rawful cta~:^s of alt persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the following conditions:
<br />Tha! whereas the said hbrtgagors as memtrers 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 m said note and have agreed to abide by the terms of said note and Charter and By-taws of
<br />Canmercial.
<br />Trot whereas this mortgage shat! secure any additional advances, 'xith interest, which may. at the aphon of Commercral, be made b7 Com-
<br />mercial to the undersigned Mortgagors or their successors in title for any purpose, at am time before the release ant 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 119 percent of the amount of the angina! note, thrt in no event shalt
<br />said note exceed the maximum amount permitted fry taw, and PROVIDED. HOWEVER, that nothing harem contained shall be considered as limiting
<br />the mount chat shalt be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage.
<br />Now, if tfre said Mortgagors shall pay or cause to be paid the said sums of money a;~en dui, as set forth in said nose, and any other note for
<br />additional advances made until said debt is fully paid with interest, then these presents shall be void: otherwise, to be and remain in fait forte and
<br />effect; but if default should ~ made:
<br />{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
<br />{b) In keeping the improvements on said premises insured against loss DY reason of fire, Iighthing, and other hazards included in extended
<br />coverage insurance in an amount not less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Com-
<br />mercial, the original of such policy or policies to be held by Commercial, and with a mortgage clause attached to said policy er policies,
<br />in favor of Commercial; or
<br />(c} In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or
<br />fd) If there is any change in the ownership of the real estate mortgaged herein, try sale, either cuiright or by land contract, or by assignment of
<br />any interest thereon ar otherwise;
<br />then, in any of the above set-forth events, the whole indebtedness heretry secured shall, at the option of Commercial. immediately irecome due and
<br />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
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may {hen be foreclosed to satisfy the amount due a7 said note, and
<br />any other note for additional advances, together with all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from the date of payment at the maximum legal rate.
<br />PROViDEO that in no event, either before or after default, shad the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances made exceed the maximum lawfutinterest rate-
<br />PROVIpED, fr;rther, that in the event that default ecars in the making of the payments due on said note. and on any other note for additional
<br />advances, as therein agreed to be made, or in keeping the premises insured, ~s above provided. or if default be made in the payment of the taxes
<br />or assessments levied upon Ure premises above described or upon ibis mortgage, 6eiore they are DY law delinquent, Commercial shalt be entitled
<br />to the immediate possession of the premises abore-described, together with all rents, proceeds and issues arising out of the oremrses; and may
<br />in its discretion use the rerr#s sa far as it deems necessary for the purpose of making repairs upon the premises and for the payment of insurance
<br />premiums, taxes and assessments upon such premises, and far necessary expcvnses incurred in renting said premises and calleeting rent therefrom, and
<br />Eo apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; and for such purposes;
<br />the undersigxted does herelry sell, assign, set over and transfer ante Commercial ail of said rents, proceeds and incomes including anY land cwriratt
<br />payments Sue mortgage owners ar any other incomes of any type whatsueves from said property to #~ applied on the notes above-described; trot said
<br />Commerciaishall in no case tre Gable for the failure to procure tenants, to collect rents, ar to prosecute actions to recover possession of said premises.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocably, either on its own
<br />name or Mortgagors' names to take ail necessary steps for proceedings in court or otherwise. tc cause said premises to 6e vacated, to collect rentals
<br />or other incomes due, and when vacant, to relet the same, to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or
<br />incomes and to do all such things either by its own officers or DY other parties duly authorized and appointed by it, as its agent for said purpose, acrd
<br />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 an such terms as to their said
<br />attorney may seem best, with full power of substitution.
<br />The Mortgagors hereby agree that if Commercial either voluntarily or involuntarily becomes or is made a party to any sort or proceeding relating
<br />to the hereinbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure instituted by Commercial. Mortgagors will
<br />reimburse Commercial for ail reasonable costs incurred by Commercial in said suit er proceeding. The Mortgagors further agree that if the hereinbeiore
<br />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
<br />awarded, the proceeds for the taking, arsd for the consideration for such acquisition to the extent of the full amount of the remaining unpaid indebted-
<br />ness secured by this mor ge, be, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial to tre applied on account of
<br />the last mabrri i is of such indebtedness.
<br />meted ihisll~day of Anril , 1~~_.
<br />IN T CE F~
<br />Do la D. Bundy
<br />Dawn E. Mundt
<br />-SPATE OF NEBRASKA
<br />COUNTY OF HALL ss.
<br />On this ~ day of ltPril 1979 ,before me, a notary public in and for said County, personally came
<br />the above-named
<br />Douglas D. Mundt and Dawn E, Mundt, Husband and Wife,
<br />td me well known to 6e the identical person ar persons whose name is or names are affixed to the above mortgage as grantor or grantors and they. he
<br />or she, saverall acknowied a the said instrument acrd fire execution thereof~ E~pp t~ the luntar~ a^ and doe".
<br />y 8 R1~tMQp~•34ira~l~r. y ------
<br />D. WED~ERO
<br />WITNESS my trend and Notarial Seat this day and yea: ~, ap,;7, xt7! iA /~ /
<br />~,.-~Z
<br />°~ Notary Puhli~
<br />My commission expires on the J/ day of 19 ~9 ht-SO
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