|
79---~ uu8~1 Ex~~-~~-asLE ~+iC~R'~'G~~~
<br />ASSIGNANENIC it)~ REN'T5 ~-_~^',. -__r*~Nt38-5....._.__
<br />KNO'di Ali fitEN $Y TNESE PRESENT'S: That Steven ~+vier and Sofia K. Goai~rr, Huabaatd and i~i£e,
<br />ti'wrer e; ~fted t*.~ ~torYgagr3rs rn consxzratw^n of tt~e sun ?t
<br />Thirty Thousand Five Hundred and !io/i00---------------------------Do;tars(S 30,SOcJ.DQ )
<br />loaned tt3 ti~prtgagors, G4 her gfard, bargain, Sep and C~S`ity UM8 CflYif~RCtAi t'EDERAi sv'~`#tl"3{i$ AN'i3 ii}Aj~l A~Sa{)C1AT}t?N 4t t'ilnatra.
<br />Nebraska. (hereinafter called "Comrrmrcaat"). its successors artd ass><os. ;he fr~t;,,aing descrrbed real estate. situated in the Comnty ot.
<br />HALL State of Nebraska, to-r-it:
<br />Lot Fourteen (l+t) in Bishop Heights Third Subdivision, Hall County, Nebraska;
<br />TO HAVE AND TO HOLD THE SAME, xath Ehe a~:r±e<ances Lhere;ntc belonging. u.~tc Ccr:,r::ercial. rG successors and asstDrs, forever,
<br />Said Mortgagors hereby covenant with said Commercial. its successors and assigns, that Mortgagors are lawfully seized of said premises.fhai
<br />they are free from encumbrances, and that they will forever warrant and defend the title to sa=.d premises against the lawfu! ciarms of all persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the following conditions:
<br />That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said
<br />sum of money, with interest, in payments as set forth in said note and have agreed to abide by the terms of said mote and Charter and ®1-taws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial. be made by Com-
<br />mercial to the undersigned Mortgages or their successors in title for any purpose, at any time before the release and cancellation of this mortgage,
<br />but PROVIDED. NOWEVER, at na time shall the aggregate principal amount secured by this mortgage, being the amount due at any trme an said
<br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, imrt in no event shall
<br />said note exceeG the maximum amount permitted by law, and PROVIDED, HOWEVER, that nothing herein contained shall tie consiGered as IimiGng
<br />the anount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage.
<br />Now, if the said Mortgagors 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 fatly 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 for additicna! advances made, as therein agreed to be made for three months, e
<br />(b) In keeping the improvements on said premises insured against loss by reason of fire, lightning, 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 such polity or policies to be held by Commercial, and with a mortgage clause attached to said policy or polities,
<br />id favor of Commercial; or
<br />(c) In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or
<br />(.tl) tf 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 sot-forth events, the whole indebtedness hereby secured shalt, at the option of Commercial, immediately become due and
<br />payable without further notice, and the amount due under said dote and any other note for additional advances made shelf, from the date of the exercise
<br />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
<br />any other note ter additional advances, tegether with alt 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 />ditional advances made exceed the maximum lawful interest rate.
<br />PROVIDED, further, that in the event that default occurs ;n the making of the payments due on said note, and on any ether note for additional
<br />advances, as therein agreed to be made, or in keeping the premises insured, as above provided, or if default be made in the paynwnt of the taxes
<br />or assessments levied upon the premises above described or upon this mortgage, before they are try taw delinquent, Commercial shall be entitle0
<br />to the immediate possession of the premises above-described, together with all rents, proceeds and issues arising oct of the premises, and may
<br />in its discre4ion use the rents so far as it deems necessary far the purpose of making repairs upon the premises and for the payment of inwrance
<br />premiums, tars and assessments upon such premises, and for necessary expenses incurred in rentidg said premises and collecting rer;t theretro,;,, and
<br />in apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; and for such purposes,
<br />the undersighed does hereby se(I, assign, set over and transfer unto Commercial all of said rents, proceeds and incomes rnciuding any land contract
<br />fsymedts clue mortgage owners or any other incomes of-any type whatsoever from said property th tre applied on the netes abave•deseribetl; but ~iG
<br />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.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irevocably, either on its own
<br />name or Mortgagocs' names to take all necessary slops 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 inch things either by its awn officers or by other parties duly authorized and 2ppointed try 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 />attomey may seem best, with full power of substitution.
<br />The Mortgagors hereby agree that if Commercal either voluntarily m involuntarily becomes or is made a party to any swt or proceeding relating
<br />to the hereinbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure instituted by Commercal, Mortgagors will
<br />reimburse Commercial for all reasonable costs incurred by Commercial in said wit or 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 faking, 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, be, and they hereby are, assured to Commercial and shall be Said forthwith to Commercial to be applied on account of
<br />the last maturing insta menu of such indebtedness.
<br />Dated this ~~ day of Maly , 1479._. f'
<br />IN TH PRESENCE OF: ~~~~' ~~ /./. ~~~~-~--E--~
<br />LU~~~ .- teve j.G. Gooier
<br />~~, otPln9onja K.'~Gov>,er
<br />STATE OF NEBRASKA pavo~D U. wEOeEn~
<br />tilrCr~• l:m. om. n, o97a
<br />COUNTY. OF HALL ss ~
<br />.~ -this :-~~ day of _~9a~r 1979__ ,before me, a notary public in and for said County, porsonally came
<br />theati~ve-named Steven G. Gooier ana Sonja x. Gooier, xusband and Ni€e,
<br />to rqe well known to tie the idenbcat person. or persons whose name is or names are affixeG to the above mortgage as grantor or grantors and they, he
<br />ar she, severatfy ackhowtedge the said instrumeirt and the execuTron thereof, to be their voluntary act and deed.
<br />WITNESS my hand and Natariaf Seat this day and year last above written. ~~~ /,-•~ ~/
<br />' ~ "~`~!' Notary Public
<br />My commission expires on the _ ~ ~ ~ day of Lr~~z-°-v-"-+ , 19 ~ fd 50
<br />
|