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79.... EX~PANDABI.,E MOgiTGAGE 820279-6
<br />C~ O 3 214 p$SIGNMENT OF RENTS Loan Pdo- __
<br />KNOW ALL MEN BY THESE PRESENTS: That Mark E. Bousquet and Pamela J. Bousquet, Husband and Wife,
<br />(hereinafter called the Mortgagors) m consideration oaf the sum of
<br />Forty-six Thousand Eight Hundred and No/100-----------------------Dollars (S 46,800.00 )
<br />loaned to Mortgagors. do herebyy grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIAPON of Omaha,
<br />Nebraska, (hereinafter coded "Commercial"), its successors and assigns, the following described real estate, situated in the County Cf,
<br />Hall State of Nebraska, to-wit:
<br />Lat Four (4), Block 't'wo (2), Fireside Estates Second Subdivision, Hall County, Nebraska;
<br />TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial, its successor and assigns, toreuer.
<br />Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that Mortgagors are lawfully seized of said premises, that
<br />they are free from encumbrances, and that they will forever warrant and defend he title to safd premises against the lawful claims 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 Ivan and agreeing to repay said
<br />sum of money, with interest, in payments as set forth in said note and have agreed to abide b! the terms of said note and Charter and By-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances. with interest, which may, at the option of Commercial, be made Hy Com-
<br />mercial to the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cancellation of this mortgage,
<br />brit PROVIDED. HOWEVER, at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time on Bard
<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 note exceed the maximum amount permitted by taw, and PROVIDED. HOWEVER, that nothing herein contained shall be considered as limiting
<br />the amount 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 ~ paid the said sums of money when due, as set forUr in said note, and any other note for
<br />additional advances made until said debt is fully paid with interest, then these presents shah be voi^; otherwise, to be and remain in coif force and
<br />effect; but if default should he made:
<br />{a1 In any of the payments due on said note. and any other note for additional advances made, as therein agreed to be made for three months, or
<br />(bj to ke?ping the improvemoris an said premises insured against loss b1' reason of fire, lightning, and other :,azartls included in extended
<br />coverage insurance in an amount not less than he ur,pard balance of said mortgage loan, in a company or companies acceptable to Com-
<br />mercial, the original of such policy or policies fo tx held b/ Commercai. and with a mortgage clause attached to said policy ar policies,
<br />in favor of Commercial; or
<br />tot In the payment of taxes and assessments tevred u[ron said premises, or on this mortgage, before they are delinquent; or
<br />td1 If there is airy change in the ownership of the real estate mortgaged herein. by sale. either outnght or bf land contract, or by assignment of
<br />any interest thereon m otherwise:
<br />char, in arty of the above set-forth events. the whole rndehtedness hereby secured shaft. at the option of Commercial, immediately become due and
<br />payable without further notSce, and the amount cue under said Hate and any oUrer note for additional advances made shall, from the date of the exercise
<br />ofi said optiat, Hear interest at the maxiawm toga! rate per annum, and this mortgage may then tie foreclosed to satisfy the amount due on said note, and
<br />any other note fw additional advances, together with ail sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest therein trop the Cate of payment at the mazrmum Segal race.
<br />PROVIDED Ural in no event. either He#ore or after default, shall the interest due under said note and this mortgage and any other note for atl-
<br />dilinnal advances maw exceed the mazrmum lawful interest rate.
<br />PROLrfDED, hartHer, that in the event that default occurs :n the making of the payments due an said note, and nn any other note for addharal
<br />advances, as Urerein agreed to be made: or in keeping the premises insured; as above provides, or if default be made in the payment of the taxes
<br />x assessments levied uaon the premises above descrit>ad or upon this mortgage. before they are try raw oe!.-,cent, Commercial shall He entitled
<br />to fire immediate possession of the premises above-described. together with ail rc~its. proceeds and {ssues ar.sing out of the premises, an6 may
<br />in its discretrors use the rents so far as ii deems necessary for the purpose of making repairs upon the premises and far the payment of insurance
<br />premiums, taxes and assessments upon such premises, and for necessary expenses incurred in renting said premises and collecting rent therefrom, and
<br />b apply same on said note ;~ any na#es evidencing future advances hereunder until the indebtedness secured is fully paid; and for such purposes,
<br />the urtdersigreed does Hereby sell, assign, set over and transfer unto Commercial all of said rents. proceeds and incomes including any land contract
<br />payrti~ts due mort~ge owners er any other incomes of any type whatsoever from said property do ;ae applied on the notes arroyo-tlescrrbed; but said
<br />Comme!cial shaft ir: nc rase be IraMe for the failure to procure tenants, to collect ants, or to prosecute actions to recover possession of said premiss.
<br />THe 6krRgagvrs further appoint Commercial of D.naha, Nebraska. tHeir attorney in tact. giving said attorney ~rwer irrevocably, ether on its own
<br />oar x irthrtgagors' names to Sake all necessary steps for proceetl:ngs in court or otherwise. to cause said premises to be vacated, to collect rentals
<br />or other incanes bete. anti when varan! to toter 8w same. to make ail reasonable repair, and pay taxes out of said rents, prof+ts, contract payments Cr
<br />tncom2s and th tlc ail such tlsi gs Hlher by its own ofhce,s nr U,- other parties duty authorized and appointed by it, as its agent for said purpose, and
<br />to charge or pay a reasonabte fee for such services. al! of fie above to be Cone at such times and in such manner and on such terms as tc their said
<br />atSornev may seers bee'. with foil power nr >tusat~*,on.
<br />The igc~rrga~rs hereby agree hat tf ;dirrmeraa e:c;er v6iw",tarry ;;r inveiv".~tariy t>?:~-es cr ;s made a part to any suit m prxeedrng relating
<br />to the hereinbefare des.;rihed sea'. r-~Wte e+ to >fi,s mor?gage o, s?rd na+te o' notes, other Liao a force:nsuie ~nstiLieC Hy Com;nercial, `dortgagors will
<br />reimh.KSe CCmmercial for aVi reaso:^ab.e c3sis rrt^urret by Caere;c:a ,n sa+d su,t or ps;,ctading. The faortgagors further agree that if the hereinbefore
<br />flesctiHed sea+. estate ur qtr part ;,erect ba 4or;d+'r^;:eR ender Use power cf emrner,l rbnain, of +s otherwise acquir?d for a public use. the damages
<br />awarded, Ilia proeeeds for Use taking. and fc~ the cor:staera'.ran for such acquisitiai ro fie extent of the fail amount of the remaining unpaid indebted-
<br />raess secreted ~ ins mortgage. He, aad h?y f;e`aHy are. assigr;ed tc Coin::°erc3ai and shall be Paid forthwith to Commercal to tie applied on account of
<br />the kaSt matsrrtng in5ta3lmetris Cf Ss:'3i t'~ieHte^..ree55
<br />Dail gris Z ~'~~ Say of ___~___. i9?3_ .
<br />tN THE PRESENCE O6- ~-.~1!-c~-~S-1-~ tx~,d-
<br />f----trt~trk E. Bousquet_--,-,
<br />Pamela J. Bousqu~
<br />STATE t}F Nft3RA9(A
<br />COUNTY DF ~ilii.L ss, --
<br />' iJa this _-_?~ dap of ._-~yt-. _-- . IS 2i ,before me, a notary public in and for said County, personally camp
<br />the above-resod
<br />Mask E. B~usp'yet sad Paimela J. Bousquet, Husband and tiife,
<br />ifl see weft known ip be the idenUcai parser or parsers whose name is ar names are affixed to the above mortgage as granter or grantors and they, he
<br />or use, severa{!y acknowled the « i thereof, ie. be heir voluntary act and decd.
<br />Yr~Mt Nt~lu~iua sfigttur.
<br />--
<br />MriTNESS my Hand and No fat t thss~~b~icuF ten. ~ ~ ~~. I.f~2~.
<br />f Nr,t,iry ^',.~N,r
<br />VN commission expires on he ZS~~ __ day of _~~ '_~~_~___ . 19~~. to r'
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