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ASgi~Nf~E~fT OF RENTS Iuriy.ri I^~nu.:-_H2O272-~
<br />If-VS1Iiy AC.q. MAN f;Y THESE PRES_FNT;~: Tba1 Terrance 'G. a and Judy D. B~"~,, 3:aas2a8wrai4 a'ir3 k'ffd,
<br />Fifty Tbassand Four Hundred and ;1so/100-------- Sheretr~affet ~ti~d_ihe fif3rtgagorsf 4n CrYnsidtrcafbvr. ref 'the si!nE ti,•i
<br />-- --- -DofSars (550,440.530 3
<br />loaned to Mortgagors: do hereby grant. barg3irt. sift ark caamrey unto C0~SSs`f3GfAl EEtSEP.A;. Sg,VS#f~3 P,li4 ! OAN ASS~fAif4H of Omafra.
<br />Nebraska, thereinafter called "` mmerCraf"), its successors and assrgns, the Bowing descnbed real estate. situated in flee County of
<br />Ha21 State of Nebraska. to-wit:
<br />I,ot Txeaty-seven {27}, Block Three (3), Olde Mill Subdivision, City of t;~aad Island,
<br />Hail County, Nebraska;
<br />TO HAVE AND TO HOf_D THE SAME, wile the appurtenances thereunto belonging. unto Cmnmercia!- its sutcessorsandassrgrs,forever.
<br />Said Mortgagors hereby covenant with said Commercial, ifs successors and assigns. that Mortgagors are lawfully seized of said premises, that
<br />they are free fran encumbrances, and that they will forever warrant and tlefend~the iii.Ie tc said pram~ses against tho !awful clarets of a!: ~rsxrs
<br />n' hrn315i)cver.
<br />Provided, nevertheless, these presents are upon-the following conditions:
<br />That whereas the said Mortgagors as members of Commercial ha.re this date executed a no±e ewtlencmg such loan and agreeing to repay said
<br />sum of money, with interest, in payments as set forth in said Hate and have agreed to aGitle try the terms of said note and Charter and By-Laws of
<br />Commercial.
<br />Thzt whereas this mortgage shall secure any additional advances, with interest. which ..ay, at the option of Commercial, be made by Com-
<br />mercial to the undersigned N~ortgagors or their successors in title for any purpose. at any time Gefore the release and cancellation of this mortgage,
<br />but PROVIDED, HOWEVER, at no lime shall the aggregate principal amount secured by this mortgage, being the amount due at any time on said
<br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but in no event shall
<br />said ante exceed the maximum amount permitted by law, and PROVIDED. HOWEVER, that nothing herein contained shalt be considered as limiting
<br />the amount Shat shall be secured hereby when advanced to protect the security cr in accordance with covenants contained in the mortgage.
<br />Now, if the said Alortga~rs shall pay or cause to be paid the said sums of money when due, as set forth in said note, and any other note for
<br />additional advances made until said debt is fully paid with interest. then these presents shall be void: otherwise, to he and remain in full torte and
<br />effect; but if default should be made:
<br />(a) !n any of the payments due on said note, and any other note for additional advances made, as therein agreed to be mane for three months, o
<br />(b} In keeping the improvements on said premises insured against loss b1 reason of fire, li~-itning, and other 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 wch policy or policies to tte held br Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Conmerciai; ar
<br />(cj In the payment of taxes 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, by sale, either outright or by land contract. or try assignment of
<br />any interest thereon or otherwise; -
<br />then, in any of the above set-forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately become due and
<br />payable without further notice, and the amount due under said note and any other note for addf 6onal advances made shall, from the date of the exercise
<br />of said option, Gear interest at the maximum legal rate per annum, and this mortgage may then tre foreclosed to satisfy the amount due on said note, and
<br />any other note for additional advances, together with all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from the date of payment at the maximum legal rate.
<br />PROVIDED that in no event, either before or after default, shall the interest due under said note and this mortgage and any other Hale for ad-
<br />ditional advances made exceed the maximum lawful interest rate.
<br />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 adtlifiaiai
<br />advances, as therein agreed to be made, or in keeping the premises insured, as above provided, sr if default Ge made in the payment of the taxes
<br />o assessments levied upon the premises above described or upon this mortgage, before they are thr law delinquent, Commercial shall be enhUed
<br />to the immediate possession of the premises above-described. together with a!' rents, proceeds and nssues arising out of the premises, and may
<br />in its discretion one fhe rents so far as it deems necessary for the purpose of making repairs upon the premises and for the payment of insurance
<br />ptgniums, taxes and assessments upon succ premises, and for necessary expenses incurred in renting said premises and collecting rent therefrom, 3fld
<br />to apply same on said note and any notes evidarcing future advances hereunder until the indebtedness secured is fully paid: and for succ purposes,
<br />the undersigned does heretry sell, assign, set ever and transfer unto Cnmmercial ail of said rents, proceeds and incomes including arry tarts C~rtract
<br />- payments due mortgage owners or any other incomes of any type whatsoever from said property to 6e applied on the Holes atnve•desaihed; txrtsaid
<br />Commereialshal!in no rase be liable for the failure to procure tenants, to Collect rents, or to prosecute actions to recover possession of said premises.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocably, either on its own
<br />name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise, to cause said premises to 6e vacated, to collect rentals
<br />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
<br />incomes and to do alt such things either by its own aificers or by other parties duly authorized and appointed by it, as its agent for said purpose, and
<br />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
<br />attorney may seem best, with full power of substitution.
<br />The Mortgagors f!erehy agree that if Commercial either voluntarily or involuntarily becomes or is made a party to any suitor proceeding relating
<br />to the hereinbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure instituted by Commercial, Mortgagors will
<br />reimburse Commercial for all reasonable costs incurred th! Commercial in said suitor proceeding. The Mortgagors further agree that if the hereinbefore
<br />described real estate ar any part thereof be condemned under the power of oninent domain, or is otherwise acquired for a public use, the damages
<br />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-
<br />ness secured by this mortgage, Ge, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial (o be applied on account of
<br />the {asY maturing insL~pients of such indebtedness.
<br />Dated this ,~ ~ t,J~ day of April , 19 79
<br />IN PR ENCL OF: ~~~"'~'~~ ~ ~
<br />'_~~~~~ Terrance, L. Rose
<br />Judy D. Rose ~j~.~1
<br />STATE OF NEBRASKA- '~'~~"'~~
<br />COUNTY OF HALL ss. _.
<br />On this ~~_-_ day of .~BpTi1 15T9_ , before me, a notary public in and far said County, personally came
<br />- the-above-named
<br />Terrance L. Rose and Jiffy D. Rose, Husband and idife,
<br />to me well known fi be the identical person or persons whose name is or names are affixed to the above mortgage as grantor or grantors and they, he
<br />or she, sererafly acknowledge the said instrument and the execu6 n it~ir~y~g;yp~ct and deed.
<br />ARFiOLD Q Wr>~8fflt3
<br />WSTNESS my Gand and Notarial Seal this day and year last a lfir Connor. ~ Oa 17, ~ ~~ ~ - // ~
<br />`~f/ / ~
<br />- -6+'1~0~ ~y
<br />e Notary Public
<br />My Commission expires on the ~ ~ ~" day of 19.~ M-50
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