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~~'~~ r. .G~~~.A~r7 L.~t$T.:~ lYiV Sit iT d'1 G.:A'~ c-~ ItNOyk Alit INEN'Sf THESE PRESENTS: That F.chbert J, Baker a:nd Mazy ;s, 3akq•r- tru~band and arife --- f ~r',€:i3ftar r,3u"w'` tf!W. ~,1Yrt'i"ya`g~ifSi¢ ;fi i?55?r~f£fati~Bn of the Svm: iff fined o gagort do he~eDX gra~ berg in1~ and cc;rvey urrin C04~~ERCtAL FEDERAL SAV3N8S ANr3ANtp.SSC't~~i~~.~N~~~,:.~±,al Nebraska, (heresnafLr cait°d "..omrr~raal"), its successors and as~gns, the fnNowi.~rg d~ r:t>Pd neat estate. sriuat~ ,r: it•,e Cvr;ty of. Ha12 State of Nebraska. to-wd: Lot Six {6), Black. Five {5}, AieLe's Addition to the city of Grand Island, Hall County, Nebraska TO HAVE AND TC HOLD THE SAME, with the appurtenances therzunta belonging. ix+ic C.xr^„ercrz!. its successors and assigrrs, forever. Said Mortgagors hereby covenant with said Commercial, +ts succes>ors and arigns. that ftnrigagars are :awialiy sz~rd of sa+^, premises, that they are free from encumbrances, and that they will forever warrant and defznd the title to said prem+ses against the iawtul ciarms of all persons whomsoever. Provirthd, eevertheless, these presents are upon. the following condrt+ons: That whereas the said Mortgagors as members of Commercial have this date zxecufed a note ewdencrng sash Isar. and agreeing th r?pay said sum of money, with interest, in payments as set forth in said note and have agreed to abide ty the terms of said note and Charter and t3y-Laws of Commercial. That whereas this mortgage shall secure any additional advances, with interest. which may, at the nation of Commercial, be made try Cam- mercial to the undersigned Mortgagors nr their successors in titre for any purpose. at any time before the release and cancellahnn of this mortgage, Imt PROVIDED, HOWEVER, at no time sha!I the aggregate principal amount secured ai this mortgage. heing the amount due at any time on said original note and any additional advances made, exceed an amount equal to IIO percent of the amount of the original note, but in no went shall szid note exceed the maximum amount permitted by taw; and PROVIDED, HOWEVER. that nath+ng herein contained shat! 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 ~y or cause to be paid the said sums of money when due, asset forth in said note, and any other note for adtliGaral advances made until said debt is fully paid with interest, then these presents shat) be void: otherwise, to be and remain in full force and effect; but if default should be made: (a) In any of the payments due an said note, and any other note for additional advances made; as therein agreed to he made for three months, or (n) In keeping the improvements nn said premises ins.~red against !ass by reasx! of fire, lightning, aM other hazards included in extended 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 or policies to be held try Commercial, and with a mortgage clause attached to sasd policy or policies, in favor of Commercial: ar (c) to 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, or by assignment of any interest thereon or otherwise; - then, in any of the above set-forth events, the whple indebtedness hereby secured shalt, at the option of Commercial, immediately became 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 the exercise of said option, bear interest at the maximum legal rate per znnum, and this mortgage may then be foreclosed to satisfy the amount due on said note, and any other note tar 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 hefore 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 rata. 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 adtlitianal 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 fazes a assessments aeviaf upon the premises above descritrerf or upon this mortgage, before they are ~ law delinquent, Commercial shah ce entitled to the immediate possession of the premises above-desnrihetl, 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 prrpose of making reoa(rs upon the premises and far the payment of insurance premiums, taxes and assessments upon such premises, and for necessary expenses incurred in renting said premises and collecting rent therefrom, and to apply same on said note and any no#es evideuing future advances hereunder until the indebtedness secured is fully paid; and for such purposes,. the undersigned does hereby sell, assign, set over and transfer unto Commercial all of said rents, proceeds and incomes including any land contract payments ckre mortgage owners or any other incomes of any type whatsoever frem said property to be applied an the notes a~ve-desai~d; but said Commercial shall in no case. be liahle far the failure to procure tenants, to collect rmrts, or to prosecute ac0ons 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 or otherwise, to cause said premises to be vacated, to collect rentals or other incomes due, and when vacant, to retet the same, to make all reasonable repairs and pay taxes out of said ants, profits, contract payments or incomes and to do all such things either by 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 reasonahle fee for such services, all of the ahove to tre 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 involuntarily becomes or is made a party to any suitor proceeding relating to the hereinbefare described real estate, or to this mortgage or said note or notes, other than a foreclosure instituted by Commercial. Mortgagors wiN reimtrurse Commercial for aal reasonable costs incurred ty Commercial in said suitor proceeding. The Mortgagors further agree that if the hereinbefore described real estate or any part thereof he condemned under the power of eminent domain, or is otherwise acquired for a public use, the damages awarded, the proceeds for the taking, and far 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 Commeraal and shat) he paid forthwith to Commercial to be applied on account of the last maiJring installments of such indebtedness. Dated this.~~~ ~r--~ .day of Agril _, 19 79 . IN H P N 0P: / /~~_ Roheryt~ Baker~iG., Mary L. er .STATE Of NEBRASKA COf1NTY OF ~~2+L ss. On dris~~day of 19~ before me, a notary public in and for said County, persona Hy came the above-named Robert Baker and Mary L. 'Baker, Husband and Rife , #q me weal known to be the identical person m persons whose name is or names are affixed to the strove mortgage as grantor or grantors and they, he or she, severally acknowledge the said instnrmeri[ and the execution th af~it~iAtlr~fYtpatltp~arrtNlptk.deed. AHSi01.DO: WED WETNESS my hand and Notarial Seal this day andyear East above wr ~~ ~ ~~° -7 (//~//~/ /'' {~/B ^5 ttn lent Pa'J!IC ~19 MY commission expires on the f / day of _Lr=_---- 1 ~ f,.50