|
79- U~~'~~ ~ E ~ ~~P ~.1"til ;fl ~ B L ~ ;<~~[ ~ ~'~' Cyr r'~.~!C~~ ~'
<br />1t55Its#kiEHT t3F iElErit~'S ...3' " BaO27'S-3
<br />I ~Ijl, _.__-____.__...,.._..__.
<br />ItNOW AL'L MEN BY TtfESf PR€S€NTS >rh;at Gary L. Beckstroar anri Debra A. 8eckstroma~, ~wrlxsbaasd and wa°s'.fe
<br />{.trA!ferrrs,~„ttt~lr ~f??~ tf7a Idrurt~af,~rsl ^.* "£7ri4:"-de'ate4n ~ tfre S!'JI~d' ipll
<br />'t'hirty-Six Ttsnusand Se"vc~a Hundred and kiC/'14i1--=-____,_,____________ O~o:iarstS--36 ?Op.Otll~µ..';t
<br />loaned td Mortgagors, do heresy grarif, bargain, sail and cnnv=_y unid CO~IIERCiA1 EDEB,Az SAVt!tGS AND I OfiN ASSOCtA';ON of Omaha
<br />Nebraska, {he;e;nafter ptl~ "Ccmrrn:rc;ai"). its successors and assigns. i?±~ ir>HO~ring descritfed real estate, sduated in t3?e County trf,
<br />Hall State of Nebraska, fo-wrt:
<br />Lot Forty-One {41), t?otash Subdivisiaa, is Hall County, HE
<br />TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto bei,,;g:ng ;>:;t~ CrNrreroa. its successors and assr~rs, forever-
<br />Said Mortgagors hereby cdvenani with said Commercial, its successor, and zss,gr:s that t~^~tgagdrs are lawfu:ly seized of sard premises, that
<br />they are free from encumbrances. and that they will forever warrant and def2r:d the htie t„ said crem+ses against the lawfu cla+.ms of al! persona
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the follrw;ng conditions:
<br />That whereas the said Mortgagors as members of Commercial have this date eretuted a note ev+denc+ng such loan znd agreeing t4 repay Bard
<br />sum of money, with interest, in payments as set forth in said note and have agreed to abide +ry the terms cf said note znd Charter and By-Laws of
<br />Commercial.
<br />That whereas this mortgage shalt secure any addit;onal advances. with interest. whuh may, al the option of Commercial, be made by Cor.,-
<br />mercial to the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cance8abdn of this martga~,
<br />Iwt PROVIDED, HOWEVER, at no time shall the aggregate principal amount secured try this mortgage, being the amount due at any time as said
<br />original note and any additional advances made. exceed an amount equal io iiu percent of the amuuni of the origral note,'x't in no ?von! shall
<br />said note exceed the maximum amount permitted try law, and PROVIDED. HOWEVER. that nothing herein co.^.tained shalt be considered as limiting
<br />the amount that snail he secured hereby when advanczd to protect thti security or i,. accordance with covenants contained in. the mortgage.
<br />Now, if the said Mortgagors shall Day dr cause to be paid the said sums of money when due, as set forth m said note, an6 any other note Eor
<br />additia;al advances made until said debt is fully paid with interest, then these presents shall be void: otherwise. td be and remain rn full force and
<br />effect: but if default should be made:
<br />{al In any of the payments due on said note, and any other note for additional advances made, as therein agreed to be made to three months, er
<br />{61 In keeping the improvements on said premises insured against Loss M' reason of fire, lightning, and other hazards included in extended
<br />eoverage inwrance in an amount not less than the unpaid 6aiance of said mortgage loan, in a company or campanies acceptable to Com-
<br />mercial, the original of such policy or policies td be held by Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />{c} In the payment of faxes and assessments levied upon said premises, or do 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 6y land contract, or by 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 additional advances made shah, from the date of the exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this ~~~atgage may then be 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 ai the maximum legal rate.
<br />PROVIDED that in no event, Dither before or after default, shall the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances made axceed the maximum iawfulinterest rate.
<br />PROVIDED, (urther, that in the evert that default occurs in the making of the payments due on said note. and on any other 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 ,~yment df the Saxes
<br />or assessments levied upon the premises above descn6etl or upon this mortgage, before they are 6y taw delinquent, Commerdal shall t>Q entitled
<br />to the immediate possession of the premises above-described, together with all rents. proceeds and issues arising out of the premises, and may
<br />in its discretion use the rents so far as it deems necessary ter the ~rrpose of making repairs upon the premises and far the payment of insurance
<br />premiums, taxes and assessments upon su^h premises, and ter necessary expenses incurred in renting said premises and cotietting rent thereirem, and
<br />td apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid: wad for such ~rr,~ses,
<br />the undersigned does heretPy sell, assign, set aver and transfer unto Commercial all of said rents, proceeds znd incomes inciudrng wry land contract
<br />payments due mortgage owners or any other incomes of any type whatsoever from said proper±y to be applied er, the notes a~v4,"escr:bed: b;t said
<br />Commercia{ shall in no case be liable for the failure to proare tenants, to collect tents, or to prosecute acbons 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 trthrtgzgors' names to take all 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 retet 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 try 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, aU 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 substiluticn.
<br />The Mortgagors hereby agree Drat if Commercial either voluntarily or involuntarily becomes or is made a party to any wit or proceed;ng relating
<br />t4 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 by Commercial in said suitor proceeding. The Mortgagors further agree that;f the herembefore
<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 indebted
<br />noes secured by this mortgage, be, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial to <R applied on account of
<br />the fast maturing installments of such indebtedness.
<br />Dated this 1st daY of May , 1979
<br />E t€NCE F: ;
<br />~~
<br />STRTE-OF NEBRASKA
<br />COUNTY OF Hall ss.
<br />On this - day of ~
<br />the above-named
<br />Carp L. Beckstrom Debra A.
<br />j•-~--~
<br />Gary Beckstrom
<br />~~jjD//eb~~r~a ~A. Beckstrom
<br />!9 ~ before me, a notary public in and for said County. persona8y came
<br />Beckstrom, husband and wife
<br />to me well known to t>e 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, severally acknowledge the sai0 instrument and the execu' n!Il~etµ.feitNllAdlftf~p9ct and deed.
<br />ARNOlE1©.1NE9~7f ~ -
<br />WITNESS my hand and Notarial Seal this day and year last a ~"'"' ~' ~' }?' tom}"
<br />~c ,'
<br />commission ex ices on the ~~ da df - ~ 14 _ ~ `=' Notary Fub!ic
<br />
|