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~.'" {.~ ~..~ ~;~ ~ ~ ~ ~' ~ P A ~ ~ ~ ~ ~ ?~-~ ~ ~.'~' i(~r ~f '~.i ~ 47427-3 ,~~r5ltat~ktEt~T x~F IRAN T 5 _~ ~'€:. __._-._.,.___.__-- t€INa'W' ALL IMEN IfY THESE PRESENi~= '#fraf ttayae A. IN~ake, a single paarrson ------ ~iserearaftzr ~:a1€e__<. t!toi:~:gaq,ar9,t .rcr cens:idlarati~rn of thQ srum at 'Twenty-four Thousand and Nol100--------- Dot~rs#f 24.006.04 t Iaarr~ to hfartgagos. de t~retg! g.~art. bargain. sit arrd c„rrvey unit CDldikEP''»q' FEDER~` S~l,ht0; nhfD LOt',tt;.SS~(~TfOti of rmatra, Netrraska. (hereinz#er cater "Co~nnrerciai"}, its so^,s~ssors arrct assigns, il~ f~~;rg drs.~r rte. ~.a?e. srtuatc~d n -?re County at, Hall 5tafe of Nebrastra. to-rrrt Lot Elevtn (li) is Block Twenty-four {24) is College Addition to hest Lam , is the City of Grand Island, Hall Cotmty, Nebraska; TO HAVE AND TO HOID THE SA;fE. wrth the zppurtenances there'~nto b?'lingtng. •~;- r„rT=r.,a'. !L5 s;;ccessars znd assigns, #orever- Said Mortgagors hereby covznant with card Commercial, its successors and zss!gns. t:^zt Grtgagors are lawfuii`a s?!zed of Bard premises, L'rai they are free from encumbrances, and thaf they will forerr wzrran: and ?,?fend the t~t~? io szid ?rer!ses against ~e !awful clarets of a{i persons whomsoever. Provided. nevertheless, these presents are open the fallowing cJndit!ons: That whereas the said Mortgagors as members of Commercial haw Lh!s date executed a note evidencing such loan and agreeing fA repay said sum of money. with interest, in payments zs set forth in err. net? and saw ogre?d tc avrde trj Lh? germs of said note and Charier and Bylaws of Commercial. That whereas this mortgage shzll secure any additonal advances. w!th Interest- which may, at the option of Commercial, Ire made by Com- mercial to the undersigned Mortgagors or their successors rn hYe far any purpose. at any time before the release and czncellation of this mortgage, but PROVIDED, HOWEVER, at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time an said original note and any additional advances made, exceed an amecnt spool to 11G~ percent of the amount of the or.gina! note, but in no event shat) said note exceed the maximum amount permitted try law, an6 PROVIDED. HOWEVER. that nothing herein contained shalt 6e considered as limiting the amount thzt shat! be secured hereby when advances to protect the security er in accordance with covenants contained in the mortgage. Now, if the said hbrtgagors shall pay or cause to be pa!d the sold sums of money when due, as set forth in said note, and any other note for adriitianal advances made until said debt is fully paid w!th interest, then these presents shall be void: otherwise, t6 be and remain in full force and effect; trot if default should be made: (a) In any of the payments due on said ante, and any other note for additional advances made, as therein agreed to be made for three months; or #b} th keeping ~ impr;`:a?m~rfs on said F cvnises i nsur+v agai~t toss ~ reas;Ha of fire. hghbring; and other hazards included in extaided 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 cr policies to M held ty Commercial, and with a mortgage clause attached to said policy or policies, in favor of Commercial; or {c) fn the payment of taxes and assessrents Levied upon said premises, ar oa this mortgage, before they are delinquent; or (d} If there is arty change in the ownership of the real estate mortgaged herein, by sale, either outright er 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 tine option of Commercial, immediately 6eco-me due and payable without h;rther notice, and the amount due under said note and any other note far 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 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 Cher 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 addiiiona! advances, as therein agreed to be made, or in keeping fire 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 try taw delinquent, Commercial shalt he 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 pr~ar!iums, taxes and assessments upon such premises, and for necessary expenses incurred in renting said premises and collecting rent therefrom, and to apply same a7 said note and ady notes evidarcing fuhrre advances hereunder until the indebtedness secured is fully paid; and fior such pur~rses, the undersigned doss hereby seN, assign, set over and transfer unto Commercial ail of said rents, proceeds and incomes including any land cdntract payments dire mortgage owners ar any other incomes of airy type whatsoever from said property to ~ applied on the notes above-described; but said Cnnanerciaf shaft is nrr case 6e liable #or the failure to procure tenants, to cnHect rents, or to prosecute actions to recover possession of said premises. Tne 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 or otherwise, to cause said premises to be vacated, to collect rentals or other incomes due, and when vacant, to islet the same, to make all reasonable repairs and pay taxes out of said rents, profits, ca~tract payments or incomes and to do all such things either 6y 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, aII 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 that if Commercial either voluntarily or involuntarity becomes or is made a party to any suit ar proceeding relating to the lrereinbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure instihrted by Commercial, Mortgagors will reimburse Cammerciat far all reasonable costs incurred try Commercial in said suitor proceeding. The Mertgagors further agree that if the hereinbefore descried real estate ar any part thereof be condemned under the paver 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 acquisition to the extent of the full amount of the remaining unpaid Indebted- ness secured by this mortgage, be, and they hereby are, assigned to Commercial and shall t>e paid forthwith to Commercial to be applied on account of the last mate rig s r is of such indebtedness. Dated this ._day of April , tg 79 IN TH NC • OF: ~ Wayne A sake STATE aF NEBRASI(A . ss. eauNTr of HALL.=,./) " Dn flits p~..[p L~f day of Afn'il , t9 79 ,before me, a notary public in and for said County, personalty came the-above-named Wayne A. Menke, a single person to me well known to t>e the identical person or persbds whose a nBIEMd!I~Iffr{IMMllirlhOraMve mortgage as grantor or grantors and they, he m,she; severally acknowledge fire said instrument ~~nd .the execu theel~t~@06dIYr act and deed. WITNESS my hand and Notarial Sea! this day znd year fast strove written. ~%~ ~~/~_ ~y Notary Pubiit My commission expires on the ~z ~ day of LTC=~rT'71~-~ , 19 ~ M 50