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f <br />K~NCI`R~ALL lA~~EN w3'y THEaE PR~ESIE#PT,vs~:'ft ~D~vid E, IINu~,ndit ~~1u~d L,yr~snellw. r' IPtund , Hiaasdoand aaor7 wrifa <br />f h~ a:~tae, arm :z ;Ko^5a~.,r.r ;n cans;desaLan :~€ rte. s.m of <br />Thirty-Five Thousand Nine Hundred and Nt3/100--'-----------------uaiasstS-_35 900.0 -- ) <br />loaned to Morr.$agors. do her~j grant, bargain. se€t and cerrvey ussto CO#lgtEl?CtAL FEucP,AL SA`yt€iGS AND LEAN ASSOCi~TiON of ~maaa. <br />Nebraska. (hereinafter called "Cammernai"), its successors and assigns. the foliwwrng described real estate, situated rn the County o#, <br />Hall State c€ Nebraska, to-wit: <br />Lot_Fourteen (34} in Hawthorne Place, an Addition <br />to the City of &rand Island, Ha22 County, Hebrastca <br />TO HAVE AND TO HDLD THE SAPAE, with the appurtarznces thereunto tk!o^ging. ;m t C~nmercia!. ;ts succes<ors and assigns, forerer. <br />Said Mortgagors hereby covenant with said Commercial. its successors znG assigns. that P1;rtgagors are iawfulry seized of sort premises, that <br />they are free from encumbrances, and that they will forever warrant and defenG the title to sat, premases against the lawiui claims of a!i persons <br />whomsoever. <br />Provided, nevertheless, these presents are u~en the fallowing cond~huns: <br />That whereas the said Mortgagors as memhess of Commercial have this date executed a rote evidencing such loan and agreeing to repay said <br />sum of money, with interest, in payments as set tenth in said note and have agreed to abide ty the terms of said not? and Charter and By-Laws of <br />Commercial. <br />That whereas this mortgage shat) secure any atldrtirmai advances, xith interest, which may. ai the option of Commercial, be made by Com- <br />mercial to the undersigned Mortgigms or Their successors in bite for any purpose. at any time before the release and cancellation of this mor#gage, <br />but PROVIDED. HOWEVER, at no fine shalt the aggregate prncipal amcunt secured try this mortgage. being the amount due at any time on said <br />original note and any additional advances made, exceed an amount equal to IID percent of the amount of the original note, but in no event shall <br />said note exceed the maximum amount permitted by law, and PROVIDED. HOWEVER, that nothing herein contained shall 6e considered as limiting <br />the anrount that shall be secured hereby when advanced to protect the security or m accordance with covenants contained in the mortgage. <br />Now, if the said Mortgagors shat! 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 be and remain in full force and <br />effect; but if default should be made: <br />(a) In any of the payments due on said note, and any other note far additonai advances made, as merein agreed to tae made for three months, or <br />?bi In keeping the improvements on said premises insured against loss by reason of fire, ligfrtning, 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 ar companies acceptable to Com- <br />mercial. the original of such policy or policies to be held b/ Commercial, and with a mortgage clause attached to said policy or policies, <br />in favor of Commercial; or <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 try 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 shat!, 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 additional advances made shall, from the date of the exercise <br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then he foreclosed to satisfy the amount due on said note, and <br />any other note for additional advances, together with aH 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 note for ad- <br />dkional advances made exceed the maximum lawful interest rate. <br />PROVIDED, further, that in the event that default occurs in the making cf the payments due on said note, and on env other note ar additional <br />advances, as therein agreed to be made, or in keeping the premises insured, as above provided, ar iF default b2 made in the payment of the taxes <br />or assessments levied upon the premises above described or upon this mortgage, before they are by law delinquent, Gommercia( shalt be enhtted <br />to the immediate possession of the premises above-described, together with all rents; proceeds and issues arising cut of the premises, and .may <br />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 <br />premiums, taxes and assessments upon such premises, and for necessary expenses incurred in renting said promises and wflecting rent therefrom, and <br />to apply same on said note and any notes evidencing future advances hereunder until the indebtedness secu€ed is fully paid: and for such purposes, <br />the undersigned does hereby sell, assign, set over and transfer unto Commercial alt of said rents, proceeds and incomes including any tend contract <br />payment -due martgag2 owners or any other incomes of any type whatsoever from said property to be applied an the notes above-described; brit said <br />Canmercial 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. <br />The Mortgagors Further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocahty, either on its awn <br />name or Mortgagors' names to take aH necessary steps for proceedings in court or otherwise, to cause said premises to be 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 all such things either by its own officers or bJ other parties duly authorized and appointed 6y 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 hereby 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 rotes, other than a foreclosure instituted hY Commercial, Mortgagors will <br />reimburse Commercial for all reasonable casts incurred by Commercial in said suitor proceeding. The Mortgagors further agree that if the hereinbefore <br />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 <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 inde~ted- <br />ness secured by this mortgage, be, and hhey hereby are, assigned to Commercial and shall be paid forthwith to Commercial to be applied on account of <br />the last mahrring instat_ -Impnts of such indebtedness <br />Dated this :30 ~K day of , 19 ~. <br />IN THE PRESENCE OF: <br />(~ ~ ~ t~, - <br />STATE OF NEDRASKA <br />~.~ ,.~=yam <br />David E. Mundt <br />4'~ G.r_~-~~ ~t ?7~-fi'r' <br />L elle K, Mundt <br />COtfNTY OF Hall ss. <br />the above named 38 ~ day of ~~_ , 19 ~ before me, a notary public in and (or said County, personally came <br />David E, Mundt and Lynnelle K. Mundt, husband and wife <br />to me welt known to be the identical person ar persons whose name is or names are affixed to the above mortgage as granter or grantors and they. he <br />or she, severally acknowledge the said instmment and the exec onr l~bliddhe~lyA~yract and deed. <br />AgNOlD D. WED6£RG <br />WITNESS my hand and Notarial Sect this day and year tact a ~e4w"w- ExR ~ »• r f - <br />~- / r ,~,t P... <br />My commission expires on the ~ ~ day of AC..CeT•,e-e. _ , 19 ~ NNN t; ,0 <br />