|
7~--~)f~.~~?~f~J3 EXP4;"`I3t•~B~..E ~x4~~~a~~:xE
<br />kSSI(ai"tAtENfT ~F RENTS ra'i:.._~2~171_~_...--
<br />KBtiff~ AI.IL B!t£N 13Y TH€S€ PRESENSS: it?af Werx.izs Gl« Ba+trondea and Brxazxfe C. Ba~endea, Bltasband a~cB Wife,
<br />rtrtire,rta#ter ca tf;ia Yiarhg;apgdrsi in cons'dnra+ fr r ~, soon cf
<br />Forty-one Thousand TBtreE Htmdred asui ~'10/2U0------------------- -DuttarS tS~l,{I;fl~ ~
<br />loaned to Mortgagors. do Hereby grant, bargain. sell arxf wrsvey onto Ct}MBi€ECiAi F£D£rsAt. SAVtkGS AND zt3AN P.SSOCtATdON of Dmaha.
<br />Nebrasfra, thereinafter tatted " rfrmeraaf^l. ifs suceesscrs oral assns, f#n? foRcaing described rea` eaate. siuated it ttre County ct.
<br />~,£, S#ate of Nebraslra, to-wit:
<br />fine Easterly Sixty-one Feet {E fil') of The Westerly Seventy-seven Feet (W 77') of
<br />Lot 1`wo (2) Block One (1), in Westerhoff's Firs# Subdivision, Hall Cauaty, Nebraska;
<br />TO NAVE AND TD HOLD THE SAME. wirh the aapurtanances there!~nte ~tongirg. m!':o Commertiai.:ts s;:ccessars and assigns, fcrewr.
<br />Said Mcrt~~agors t:eretr~ covenant with said Commercral, its wccessors and assigns; d*at flcrtgagors ere !awfully seize' of said premises, drat
<br />they are free from encumbrances. and that they will forever warrant and defend the title to said premises against the lawful clams of a!1 perscrrs
<br />whomsoever.
<br />Provided. nevertheless, these presents are upon the following conditions:
<br />Thai whereas the said Mortgagors as members of Ccrnmerciai have this date executed a note evidencing such !tan and agreeing to repay said
<br />sum of rrroney, with interest, in payments as set forth in said note and have agreed to abide by the terms cf said nett and Charter and By-Laws of
<br />Cortunercral.
<br />That whereas this mortgage shall secure any addrtronat advances, with interest. which ray at the option of CoRVrterpat. tee made by Com-
<br />mercial to the undersigned Mortgagors or their successors in title for any purpose. at any time before the release an cancellation of this mortgage,
<br />Get PROVIDED, HOWEVER, at no time shall the aggregate prirtipat amount secured try thrs mortgage. being the amount due at any time on said
<br />original note and any additional advances made. exceed an amount equal to 11o percent of the amount of the angrnal Hate, b:.rt in no evPr!t shat!
<br />said note exceed the maximum amount permitted try taw. and PROVIDED. HOWEVER. that nothing herein contained shah be considered as limiting
<br />the amount that shall be secured hereby when advanced to prof?tt the security ur in accordance with covenants contained in the mortgage.
<br />Now, if the said Mortgagors shall pay or cause to be paid the said wins of money when due, as set forth in said note, and any other note for
<br />addi5aral advances made until said debt is fu!Ip paid with interest. then these presents shall ~ void; otherwise, to be and remain in full force and
<br />effect; but if default should be made:
<br />la) In any of the payments due on said note, and any other note for additional advances made, as therein agreed fn be made for three months, or
<br />{bl in keeping the improvements on said premises insured against loss by reason of fire, iigh[ning, and ether 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 M' Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />tci in the payment of fazes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or
<br />(d) If there is any Change in the ownership of the real estate mortgaged herein, try sale, either outright or by !and centratt, or by assigrr;nent at
<br />a,~j interest ~~erecn cr 0$er`;:ise:
<br />than, in any of the above set~forth events, the whole indebtedness hereby secured shalt, at the option of Commercial, immediately become due and
<br />payable without further notice, and the amount due under said note and any other Here for additional advances made shall, from the date of the exercise
<br />of said apiion, bear interest at ore maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy the amount due on said note, and
<br />any other mote fnr additional advances, together with aH wins paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from the sate of payment at the maximum legal rate.
<br />PROVIDED that in nc event, either before or after default, stroll the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances made exceed the maximum lawful interest rate.
<br />PROYtD€D, further, !hat rn the event that default occurs in the ?eking of the payments due en said note, and on any other note fo=. additisrat
<br />advances, as therein agreed [0 1>Q made. ar in keeping the premises inwred, as abcve provided, or if default he made in the payment of the taxes
<br />or assessments leveed upon the premises above described or upon mrs mortgage, before they are try law delinquent, Commercial shalt be entitled
<br />to ore ie»mertiate possessrcn of fie premises above-described, tcgether with ail rents. proceeds and issues arising out of the premises, and may
<br />in cis discrehrrr use the rents ~ tar as 'i deems necessary try t*.e wr~se of mzkrng repa:rs open the premises and far the payment of insurance
<br />p•~iums, razes ark assp_ssnmrts u~'rs suNr premises, and ter necessary expenses incurred in renting mid premises and collecting rent therefrom, and
<br />to apply same w said note and any notes evidencing future advances hereunder until [he indebtedness secured is fully paid; and for such purposes,
<br />the t~_r_ygrred ~e5 hereby se(1. assign, sat river and trarsier unto Cr_vnmercial a!! of sold rents, proceeds and incomes including any land tnrrrtract
<br />payments due mortgage owners or any adrer incomes of any type whatsoever from said property to 6e applied on the notes above-described; Get said
<br />Cormaercialsfra~l in nn case Le liable fnr the failure €e procure tenants, to collect rents, or to prosecute actions to recover possession of said pieinises.
<br />The krortgagors further appoint Commercal of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocably, either on its own
<br />name or Mortgagors' names to take alt necessary steps for proceedings in court or otherwise, to cause said premises to be vacated. to collect rentals
<br />a other incomes due, and when vacant, to color the same, to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or
<br />incomes acrd to do ell such things either by its own officers or by other parties duly authorized and appointed by it. as its agent for said purpose, and
<br />fa share or pay a reasonable tee 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 subshtulion.
<br />The Mortgagors hereby agree drat if Commercial either voluntarily or involuntarily becomes or is made a party to any suitor preceding relating
<br />to the hereinbefore described real estate, or to this mortgage or said note or notes, other than a (oreciosure instiNted by Commercial, Mortgagors will
<br />reimburse Commercial for all reasonable costs incurred by Commercial in said suitor proceeding. The Mortgagors further agree ?hat if the hereinbetore
<br />describmd real estate or any part thereof be condemned under the power of eminent domain, ar is otherwise acquired For a public use, the damages
<br />awarded, the proceeds for the taking, and for the consideration for such zcquisitian to the extent of the full amount of the remaining unpaid indebted-
<br />ness secured by this mortgage, be, and they hereby are, assigned to Commercial and shall 6e paid forthwith to Commercial to be applied on account of
<br />the last matirring insfallat$nts at such indebtedness.
<br />Dated dtis ~ 7 ~ day of April , 19 79 .
<br />IN ES CE F: r~ ~-°~~_ ~
<br />Ma G. Broaden
<br />~ •~'
<br />Bonnie C. Breeden
<br />STATE Ot= NEBRASKA ~~ ~~-~ ~
<br />CDDNTY t3F £!!A~+£*-~ ss.
<br />Mytamm,~tkt.'77, tare
<br />On this ~ ~ day df .April 19 _ ,before me, a notary pubtit in and for said County, personally came
<br />tl!e above•named
<br />!Berlin G. Bzeaden and Bonnie C. Brendea, Husband and Wife,
<br />to ~ weH-known i4 6e the identical person pr arsons whose name is or names a[e affixed to the above mortgage as grantor or grantors and ;hey, he
<br />.,. a,g, str~ atlq a~rnawt~ge the said instrumenC and the execution thereof, to be their voluntary ac d doe~df.// ~+~//~/
<br />WITNESS my hand and Notarial Seal this day and year last above written. ,~%ZZ~` rkrJ~~i..t ~+--r`
<br />Notary Pubi~c~
<br />My commission expires on the ~ 7 ~ day of , 19 7~` M-`irJ
<br />
|