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'" ~k~Sit;~h~tl~l~'2iT OF IR'~N?~ J.~~arn P9~ .._8'.tD.2Z~7..._ .. K;~Wft2Y All bfIEN 8Y TFtES'E PffESEN'TS: Tftar TDa~do~e ~'.', 27alexyk and Jeean r~wa 2fdulcz~kr, hnfs2r~aund axrwd rvrif~w ?. i (here.'t'.a'~E ".aH.eyd s4.g ~#';'`,sas i ~ ,,;, ~~,y:, i; uc` tilt:, ~. Twenty-Hine THausaad Hiae Hundred and 270/300--__- --- --- DtrNarstf 23 906,00--) toarred to 2,l~orttgagars, da hereby grant, barn seA arr~ crmvey tsrHQ Ct'NRA4ERC1Ai FE~R~I SAV#N€3S AHD t OAN AS50CtA~fOf7 of O~a~. M~raska, thereinafter piled " mmercrat"), ifs successors and assns. tAe foflownng descri~SJ rest estate. sd:rate." :n the County ot, Hall State of Nebraska. fo-wit: Lots One (1} and Two CZ} in Husman's Subdivision, an Addition to the City of brand island, Hall County, Nebraska TO HAVE AND TO HOLD THE SAME. with the appustenances thereunt•^, tx'(ongng, rte C.~;^+ercrai, its successors and assigns. 4arever. Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that firartgagors are iawfu;ty seized of said premises, that they are free from encumbrances, and that they will forever warranE a..^.d defend the title to sa'sd p;em+ses agarnst the lawful ciarms of ati persp.!s whomsoever. , Provided, nevertheless, these presents are upon the following cnnditiais: That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said sum of money, with interest, in payments as s_t forth m said note and have agreed to abide bf' the terms of said note and Charter and gy-Laws of Commercial. That whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, he made ty Cum- - menial to the undersigned Mortgagors or their successors in title far any purpose, et any time before the release and cancetla6nr. of this mortga~, but PROVIDED, HOWEVER, at no time shalt the aggregate principal amount secured by this mortgage, being the amount due at any lime on said orrginal note and any additional advances made, exceed an amount equal to 11D percent of the amount of the original note, but in no everrt shalt said note exceed the maximum amount permitted by taw, and PROVIDED, HOWEVER, that nothing herein contained shat! be considered as limiting the amount that shall be secured heretry when advanced to protect the security or in accordance with covenants contained in lire mortgage- Now, iF the said Mortgagors shall pay or cause to tre paid the said sums of money when due, as set forth in said note, and any other note for additional advances made until said debt is fully paid with interest, then these presents shall be void; otherwise, to be and remain in full force and effect; 6rrt if default should ~ made: (a) In any of the payments due on said note, and any other note for additional advances made, as therein agreed to be niado for three months, x (b) in keeping the improvements on said premises insured against loss CY reason of fire, lightning, and other hazards included in extended coverage insurance in an amount nct 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 bz held fn' 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 tlebnquent; or (d) If there is any change in the ownership of the real estate mortgaged herein, CY sate, either outright or by !and contract, ar try assigrrment 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 Conmercial, immediately become due and payable without further notice, and the amount due under said note and any other note for additional advances made shall, from the dale of the exercise of said option, bear interest at the maximum legal rate per annum, and this mortgage may thmr ~ toredosed 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. PP,OVIDEG 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, drat in the event That default occurs in the making of the payments due on said note, and on any other note for additional advances, as therein agreed to be made, or in keeping the premises insured, as above provideC, a if default be made in the payment of the taxes or assessments levied upon the premises above described or upon this mcrtgage, before they are by law delinquent, Commercial shall be entitled to the immediate possession of the premises above-described, together with all rents. proceeds and issues arising nut of the premises, and nay in its discretion use the roots so far as it deems necessary for the Ixrrpose of making repairs epon the premises and ter the payment of insurance premiums, taxes and assessments urn such premises, and for necessary expenses incurred in re;rting said psemises and calteeting root therehom, 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, ffie uniersigned does hereby sell, assign, set over and transfer unto Commercial all of said rents, proceeds and incomes including any land contract -payments due mortgage owners or any other incomes of any type whatsoever from sasd psopesty to toe applied nn the notes above-described; flat said Commercial shall 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 further appoint Commercial of Omaha, Nebraska, their attorney in fact. giving saib attorney power irrevocably, either on its own name or Mortgagors' names to take all necessary steps for proceedings in court ar otherwise, to cause said premises to be vacated, to collect rentals 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 incomes and to do all such things either by its own officers or by other parties duty authorized and appointed by 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 attorney may seem best, with full power of substitution. The Mortgagors hereby agree that if Commercial either voluntarily or involuntarily t>ecames er is made a party to any suitor proceeding relating to the hereinbefare described tea! estate, or to this mortgage or said note or notes, other than a foreclosure instituted hY Commercial, Mortgagors will reimburse Commercial for all reasonable costs incu« ed by Commereiat in said suit nr praeed~ng. The Mortgagors further agree ?hat if the hereinbefore 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 far such acquisition to the extent of the full amount of the remaining unpaid inde~ted- ness secured hY this mortgage, be, and they hereby are, assigned to Commercial and shall be yard forthwith to Commercial to he applied nn account of the last maNring instal~ts of such ind tedness. Dated this ~ n day of , 19,Z~. IN THE PRESENCE OF: ,,~~ . e~~ ~l ~~~`/ ~~ ,~, ~~,t ~ Theodore C. Molczyk~ i r ~_N rJ-t'-~:z J Ann Molczyk ~ ~ STATE OFNEt3RASRA -- COUNTY bF Ha13~ ss: On this ~___Qag ofi 19 .,~ before me, a notary public in and for said County, personally came the-above-named Theodore C. lfolczyk and Jean Ann Molczyk, husband and wife to me well-known to be the identical person or persons whose name is or names are affixed to the above mortgage as granter or grantors and they, he or she, severally acknowledge the seidinsttument end the execution thereof, to be-their volunta~rY~act and deed. 6EilERRi XDTARY • Stw ot>r,M. ARNOLD Q. WEDtaERta WITNESS my hand and Notarial Seal this day and year last above n.~comrrr. ExR ~ ~T~ ~- ~^ I ~ -' ,~ , Notary Pubic MY commission expires on tho_., 7 ~ day of G`Z s 19-___,~`. fh-SG