79002497 - Laserfiche WebLink

Browse

Ar'SSiGNlIIE1~i1f OF RIL=I$~S i:J'~'+ fit. _:'z?W~~-1 ._._.. tSNOW AIL fdfN t#Y'lfiffuF PRESENTS'. That Joints f:. ~'oadrrazti! and Karen iK« ti~sdr~ard„ l~ssband and ;life, (#~re+!naf#er ~i;~ tfi~ ltortgagursi in C,rrS.,er2#ron o; the som of Forty-eight Thousand Foca~ Hundred and HolIOG----------------------6ottarsr5 4B,u0t),DC l !Darned to Mortgagors. do heresy grant, bargain, serf and convey urrfo CO~dMFAvfAL FfDf elf. SAViMti;, A.NO ! OAN P;SOCIATtON of Ort~ha, Nebraska, Iher¢.nafter catMd "Commercraf'). its ssecesscrs and assigns. th? fodi~-wing described real ?state. srtcated !n ftsF Conn#y o#. }fa.ll State of ftiebraska, to-wit: Lot Fine (5) is Block Five {5), in "Kay-Dee Subdivision", located on part of the Southwest r3uarter of the Southwest Quarter {SW lI4 SW 1/4) of Section Twenty-one (2i}in Township Eleven (11) North: Range liiae (9) West of the 6th P.M., Hall County, Nebraska; TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto ~!~rg!ng, u=,`:c Cc}~rercrai. !fs successors and assigns, forever. Said Mortgagors hereby covenant with said Commercial, ifs successors and assik:.s, that ftVrtgagus are law#ul',y seized of card premises, that they are free from encumbrances, and that they veil! forever warrant and defend the title to said premises against the !awful claims of all persons whomsoerer. Provided. nevertheless, these presents are upon the to8cwing condifions: That whereas the said Mortgagors as members of Commercia! have this date executed a note evidencing such loan and agreeing to repay said sum of money, with interest, in payments as set forth in said Hate and have agreed to abide by the terms of said note and Charter and Q'1-Laws of Commercial. That whereas this mortgage shall severe any additonai advances, with interest; which may, at the option of Commercial, be made b`1 Cem- merciai to the undersigned Mortgagors or their successors in title far any purpose, at any time before the r?lease and canceilaSon of this mortgage, but PROVIDED, HOWEVER, at no time shall the aggregate principal amount secured try this mortgage, being the amount due at any lime at said original note and any additional advances made, exceed an amounf equal to 11U percent of the amount of the original note, but in no event shat! said note exceed the maximum amount permitted hY law, and PROVIDED, HOWEVER, that nothing herein container! shalt be considered as limiting the amount that shall be secured hereby when advanced to protect the security or in atcordance with covenants contained in the mortgage. Now. if the said Mortgagors shaft pay or cause to be paid the said sums of money when due, as set forth in said Hate, and any other note for additianai advances made until said debt is fully paid with interest, then these presents shall he void; otherwise, to be and remain in full force and effect; but if default should be made: (a) fn 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 (h) in keeping the improvements an said premises insured against loss by reason of fire. lightning, and other hazards included in extended coverage insurance in an amount not less Ulan the unpaid balance of said mortgage loan, in a company or companies accepwbfe to Com- mercial, the original of such policy or policies to 6e held by Commercial, and with a mortgage clause attached to said policy or policies, in favor of Commercial; or (c) In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or {d) If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract, er 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 duo under said note and any other note for additional advances made shall, from the date of the 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, together with ail sums paid by Commercial for insurance, taxes, assessments and abstract ezfension charges, with interest thereon from the date of payment at the maximum Iegaf 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 an any other note for additional advances, as therein agreed to be made, or in keeping the promises insured, as above provider:, er if default be made in the paymrv~t of the taxes or assessments levied upon the premises above described or upon this mortgage, before they are ~ law delinquent, Commercial shall 6e entitled to thz 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 fur the Wrpose of making repairs upon the premises and for the payment of insurance premiums, faxes and assessments upon such premises, anG 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, the undersigned does heretry sett, assig7; set aver and transfer ante Cmmmercial of i of said rents, proceeds and incomes ine!uding arry !and contract payments thre mortgage owners or any other incomes of any type whatsoever from said properly to rte applied on the notes afuye-dPscr9bed~ tart said Commercialshalt in no case be liable for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of said premises. The Mortgagors fi~rther appoink 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 er otherwise, to cause said premises to be vacated, to collect rentals or other incomes due, and when vacant, to relet the same, to make alt reasonable repairs an6 pay taxes out of said rents, profits, contract payments or incomes and to do all such things either by its own officers or 6t' other parties duty authorized and appointed bJ 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 attomey may seem hest, with full power of substitution. The Mortgagors hereby agree that if Car!mercia! either voluntarily or involuntarily becomes or is made a part' to any suitor proceeding relating to the hereinbefore described real estate, er to this mortgage or said note or notes, other than a foreclosure instituted by Canmerciai, Mortgagors will reimburse Commercial for ail reasonable costs incurred 6t' Commercia! in said suit or proceeding. The Mortgagors further agree that if the hereinbelore 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 for the taking, and for the consideration for such acgmsition to the extent of the full amount of the re npaid inde~ted- ness secured try this mortgage, be, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial o be applie ccount of the last mahrring insaiirgynts of such indebtedness. Daxd this~~ day of }-prj.l , i9 9t9-: ~ !3 << f~~~ IN THE PRESENCE OF: '~.'k ~-•~-~ ler~LY.~~~G. ~~ = 3a~es C. Woodward 'A ~~jj~~ i G - STATE O F N E$RASKA K. Woodward t~3UNTY OF HALT. y ~ ss. Aigt-;~WacJacr ill AA#.ifJL40. WEDBERG On this ~- ~ day of - April- . 19 y iMNtEO1A"h~y~b~~' i~d for said County, personally came Ure above-rtarri~ James C. Woodward and Karen K. Woodward, Husband and Wife, Zo me weft known to be fine identical person or persons whose name is or names are affiized to the above mortgage as grantor or grantors and they, he or she, severally acknowledge the-said inshurrtenr and the ekecu6on thereof, to be their voluntary act and deed. WITNESS my hand and Notarial Seat this day and year last above written. r ~ -~ ~_~ Notary Puhhc My commission expires on the~~day of , 19 ~ M-Sn