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79--~U345~ ExPAl°.TDAFiLE MORTGAGE 49422-9 <br />ASSIGNMENT OF RENTS Loar, No. ___________ <br />KNOW ALL MEN BY THESE PRESENTS: That Michael R. Gloor and Janet C. Gloor, husband and c7ife <br />(hereinafter called the Mortgagors) in consideration of the sum of <br />Twenty-Five Thousand Nine Hundred and NOf100--------------------- pollens{g--25,900.00--} <br />loaned to Mortgagors, do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha. <br />Nebraska, (hereinafter tatted "Commercial"), its successcrs and assigns. the following described real estate, situated in the County of, <br />Hall State of Nebraska, to-wit: <br />Lot Twenty-Seven (27) Capital Heights Seventh Subdivision, <br />Hall County, NEbrasf:a <br />TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belpnging, un(o Commercial. its successors and assigns, forever. <br />Said Mortgagors hereby covenant with solo Commercial. its successcrs znd assigns. that Mortgagors are lawfully seized of said premises, that <br />they are free from epcumtrrances, and thzt they vial forever ,varranf and defend the title to said premises against the lawful claims pf all persons <br />whomsoever. <br />Provided, nevertheless, these presents are upon the following conditions: <br />That whereas the said h!ortgagors as members of Commercial have this date executed a nele evidencing such loan and agreeing to repay said <br />sum of money, with interest, m payments as set forth in said note and have ageed to abide by the terms of said note and Charter and By-Laws of <br />Commercial. <br />Tnat whereas this mortgage shalt secure any additional advances, with interest, which ioay. at the option of Commercial. be made by Cem <br />menial to the undersigned Mortgagors or their successcrs in title for any purpose, at any time before the release and cancellation of this mortgage. <br />~t PROVIDED, HOWEVER, at no time shall the aggregate pnncipal amount secured 6y this mortgage, being the amount due of any time on said <br />original note and any additional advances made. exceed an ampuni equal tp ! ID percent of the amount cf 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 shat! be considered as limiting <br />the amount that shall be secured hereby when advanced to protect 'he security pr in accordance with covenants contained in the mortgage. <br />Now, if the said Mortgagors shall pay or cause to he 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 he vac: ntherwise, to be and remain. !n fu!! fence and <br />effect; hilt if default should be made: <br />tai In any of the payments due or, said note. and any ether note for adGitiona! advances made. as therein agreed to be made for three months. pr <br />fb! In keeping the improvements on said orem,ises insured agau~si loss by reason of fire, lightning. and other hands included in extended <br />coverage insurance in an amount not less Than the unpaid balance of said mortgage loan, m a company or companies acceptable to Com- <br />mercial, the original of such policy or p-0iicies to be he'd by Commercial. and with a mortgage clause attached to said policy or policies. <br />in favor of Commercial; or <br />icl In the payment of taxes and assessments levied upon said premises, or on this mortgage. before they are delinquent: or <br />.dl If there is any change in ?he ewners!;ip of the real estate mortgaged herein, by sale, either outright er by land contract pr by 25signment pf <br />any interest thereon or otherwise: <br />then. in arty of the above set-forth events, the whole indebtedness hereby secured shat!, at the option of Commeraal, immediately became 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 ai the maximum legal rate per annum. and this mortgage may then be foreclosed ! sobsry the ameant due on said note, and <br />any other note for additional advances. together with alt sums paid by Commercial for insurance. taxes. assessments znd abstract extension charges, <br />with interest thereon from the date pf payment at the .^aximum legal rate. <br />PROVIDED that {n no event ether before cr after default, shall the interest doe under said note and this mortgage and any other note for ad- <br />d,t:o,naiadvances made exceed the maximum lawful interest ratz. <br />PRDViDED. further, that ir. the event that default occurs m the making pf fie payments due on said note. and on any other note for additional <br />advances as therein agreed to be made. cr in keeping me premises insured, as above provided, er if default tre T e ~n the payment of the taxes <br />er assessments towed upon the premises above described o: upon this ,mortgage, before they are by taw deimeuent~ Commercial shall be entitled <br />.c the !mmediats possess;on of the premises above described. together with a!I rents. proceeds and ;sloes arising out of the premises, and may <br />m ds 6rscre±ien use the rents so far as it deems necessary ter ?he purpose of making repairs open the premises and for the payment pf insurance <br />prera,ums. taxes and assessments upon such premises. and for necessa°v expenses incurred :n renting said premises and collecting rant therefrom,, and <br />to apply lam= o-~ said note and any notes evidencing future advances hreunder unbi i;`te indebtedness secured is fully paid: and for such purposes. <br />the undersigned does hereby lei:, assign.. sat ever and transfer unto Cdnmerc;al at[ of said rents. prpreeds and ir,cpm.es including any land contract <br />payments due mortgage owners ar any ether incomes pf any type whatsoever ?non: said prrperty to be applied cn the cotes above-described: but said <br />Gann?razishaii .n np case be Gable ter the failure t; procure tenants. td coieci rents, or to prosecute actens to recover possession of said premises. <br />The Mortgagors further aptraira Conmercizi pf Omaha. Nebraska. their atfprney ~n tact. giving said attorney power urevocabty, either on lis own <br />n2nre or iWrtgagors' names to lake a;i necessary steps for pro:eedings .n tour; ar etherw:se to cause said pre^ises lr 3z vacated. fo collect rentals <br />or other incomes due, and when vacant. tp relet the same to make al! reasonable ~epa~rs 2nd pay taxes out of sa,d rents. pref~ts, contract payments ar <br />mumes ern, to do a!! such things either by i?s own pricers _. by ether parries duly aeGhorrzed and appointed 6y d. as its agent for said purpose, and <br />to ;barge or pay a reasonable fee for such services. alt of ibe atr,ve t.:e done at such braes and .n sup;, : anner and pn Bach terms as io their said <br />attorney may seer best, with full power of subsbtubpn. <br />The t,#urtsagors hereby agree that rf erne! e n un a nv- ura. y ~ .;' ,r is made a [arty td any sent or prpceeding relating <br />ip Lhe herembefpre described rest estate th~s ? s ,- s ~:-e : ~.- es. ,h[~ tr -., e ~[s-~re .ns- toted by C„r'merc al, Mortgagors will <br />reimburse Crxt;merc;2i for alt reasonable c,sts i~_u^ep .n e,:.mer ~, . s~ d x; ? r r,vord ng. Tn- Me t,og~~s further agree that if the hereinbefore <br />d'escri~d real estate m any pa•f Lhe;epf he condr:-i ed nde h, ,,owe .,r >nt oo*, .n. s cthe w se a qu~rud'a a public use. Lye da:^.ages <br />awarded, the proceeds for the 3aking and ter the com.,,e a.. v,- -c ,u~ . alto's t cn .e the ex ten; ~f the oll ~• punt ;f t"e remaining unpaid indebted- <br />ness secured try this mortgage. be, and they hereby are- assagree to Cocm~erc:a', and shaJ• be paid forthwith Id Com.meraal tz be applied on aaount of <br />ffie last mathrina r Ilments of such Ind btsdness. <br />Dated this __ day of 9 -~ <br />iN PRESENCE OF: " <br />v <br />STATE fl F N EtsRASKA <br />COUNTY OF HalJ~ ss. <br />On this -.-.°~~~~ =(___ day o __ <br />the above-named <br />Michael R. G rand Janet C. <br />Michael R. Gloor <br />net C. Gloor <br />19~, before ,ne, a notary public m and ter lard CounCy, personally came <br />Gloor, husband and wife <br />th me well known to be the identical perspn or persons whose name is or names are atfrxed to the above mortgage as grantor or grantors and they, he <br />or she, severally acknowledge the said instntment and the execution ;hereof, to be their voluntary act and deed. <br />- - - -- - _ ' . _ _ .- -- - - - i~iEeELtt~i..47-~rtisbr.- -~~~- / <br />WITNESS my hand and Notarial Seal this day and y Ias1,t9/i8ppifSenfM~8ERC3 <br />Siena. ow~~"~//sr3.~ .:i3 <br />My commission expires on fhe_~~ __day oi-~~~',~~~~y".-+t.--- 19~~ Notary Public -- - <br />Su <br />