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79--11[.l39~(} EhPANI3 NEENTOPR ORTGAGE Loan No. 49427-7-_--- KNOW ALL MEN BY THESE PRESENTS: That Lynn L. Weber and Leslie V. Weber, husband and wife ~I~ereinafter cafied the Mortgagors) in consideration of the sum of Forty-Two Thousand and Throe Hundred and NO/1 - --------------- Dollars (5---42 300.00--) loaned to Mortgagors, do herebyy grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAt9NGS ANO LOAN ASSOCIATION cf Omaha, Nebraska, (hereinafter called "Commercral"), its successors and assigns, the following described real estate, situated in the County of, Hall State of Nebraska, to-wit: Lot Six (6), Scheel's Subdivision, being a tract of land comprising a part of the Southeast Quarter of the Southwest Quarter (SE1f4SW1/4) of Section Thirty-two C32), Township Eleven (11) North, Range Nine (9) West of the 5th P.M., in Hall County, Nebraska 70 HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial. its successors and assigns, forever. Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that Mortgagors are lawfully seized of said premises, that they are Free from encumbrances, and that they will forever warrant and defend the title to said premises against the izwful claims of all persons whomsoever. Provided, nevertheless, these presents are upon the following conditions: That whereas the said Mortgagors as members of Commercial have this late executed a note evidencing such loan and agreeing to repay said sum of money, with interest, in payments as sat forth in said note and have agreed to abide b1' the forms of said note and Charter and BY-Laws of Commercial. That whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, 6e made by Com- mercial to the undersigned Mortgagors or their successors m title for any purpose, at any time before the release and cancellation of this mortgage, but PROVIDED, HOWEVER, at na time shall the aggregate principal amount secured by this mortgage, being the amount due at any lime on said original note 2nd any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but in no event shall said note exceed the maximum amount permitted 67 law, and PROVIDED, HOWEVER, that nothing herein contained shall be considered as limiting the amount that shall t>e secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage. Now, if the said Mortgagors chaff pay or cause to be paid use ;aid su~~~s cf money wfren due, zs sat forth ir, said note, and any other note for additional advances made until said debt is fully paid with interact, then these presents shall be void; otherwise, to be and remain in full force and effect; but if default should be made: (a) 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, ar (b) In keeping the improvements on said premises insured against loss by reason of fire, lightning, and other hazards included in extended coverage insurance in an amount not less than the unpaid balance of said mortgage loan, in a company or companies actepta6le fo Com- mercial, the original of such polity or policies to be held b`1 Commercial, and with a mortgage clause attached to said policy or polities, in favor of Commercial; or (c1 In the payment of texas and assessments levied upon said premises, or cn this mor±gage, before they are delinquent; or (d) If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract, or by assignment of any interest thereon or otherwise; then, in arty of the above set-forth events, the while indebtedness hereby secured shall, at the option of Commercial, immediately become due and payable without further notice, and the amount due under said note and any other rota for additional advances made shall, from the date of the exercise of said option, tear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy the amount due on said note, and any other note for additional advances, together with all sums paid 6y Commercial for insurance, taxes, assessments and abstract extension charges, with interest thereon from the date of payment at the maximum toga! rate. PROVIDED that in no event, either before or after default, shall the interest due under said note and this mortgage and any oilier note for ad- diiienat advances made exceed the maximum lawful interest rate. PROVIDED, further, that in the event that default occurs in the making of the payments due on said note, and on any other note for additional advances, as therein agreed to be made, or in keeping the premises insured, as above provided, or if default 6e made in the payment of the taxes c assessments levied upon the premises above described or upon this mortgage, before they are by law delirquer,f, Commercial shall 6e entitled tc ;he immediate possessim of fire premises atnve-described, together with all rents, proceeds and issues arising out of the premises, and may in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon the premises and far the payment of insurance prmniums. taxes and assessments upon such premises, and for necessary expenses incuretl in renting said premises and collecting rent therefrom, and to apply same mr said note and any notes evidencing huture advances hereunder until the indebtedness secured is sully paid: and for such purposes, the undersigned does hereby sell, assign, set over and transfer unto Commercial all of said rents, proceeds and incomes including any land contract payments due mortgage owners or any other incomes of any typo whatsoever from said property to be applied on the notes atnva-described; trot said Commercial shah in no Casa ~ liable far the failure to procure tenants, to collect rents, or to prosecute actwns to recover possession of said premises. The Atartgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power Irrevocably, either on its own name or trthrt~gors' names to take all necessary steps for proceedings in court or otherwise, to cause said premises to 6e vacated. to rollect rentals a other incomes due, and when vacant, tc relet the same, to make all reasonable repairs and pay taxes out of card rents, profits, contract payments or incomes and to do all such things either by its own officers or try other parties duly authorized and appointed by it: as its agent (er said purpose, and to Charge or pay a reasonable fee for such seances, all of the alnva to be done at such times and in such manner and on such terms as to their said attorney may seem best, with full power of substitution. The Mortgagors hereby agree that if Commercral either voluntarily or involuntarily becomes cr is made a party to any suitor proceeding relating to the hereinbefore described real estate, or to this mortgage or Bard note or notes, other than a foreclosure instituted by Commercial, Mortgagors will reimturse Commercial for aH reasonable costs mcurr!vt ~ Commercral in said suitor proceeding. The Mortgagors further agree that if the herembefore 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 awarded, the proceeds for the taking, and for the cerrsideration for such acquisition io the extent of the fiull amount of the remaining unpaid indebted- ness serxrred Cry this mortgage, be, and they herahy ar>, assigned to Gommarcial and shall be paid forthwith to Commercial to he applied on account of the cast maturing ins ents of such rode edrress. Qatedthis ~ ~ day of -, 19~ ) Q fN E PRESENCE OF: -~~~ ~ ~-.C J..tJI?F-,~ l..~C ~ G ~ <v Ly Weber Leslie V. Weber SPATE OF NEBRASKA ss. COUNTY OF as this t;~ " _ day afi , 29 ~, before me, a notary public m and for said County, parsonatty came the above-named Lynn L, Weber- Leslie. V. Weber, husband and wife to me well known to be t`re identical person or persons whose name is or names are affixed to the above murigage as granter or grantors and they, he or she, severally acknowledge tfre said instmment and the execution thereof, to 6e their voluntary act and dead. i4iTiVESS my hand and Nafiariat Sr:ai ibis day _ ~a ~. !, .ue;t~BERG ~, ~ ~~ ~ . .~ Notary Public My commission expires on the ~ 7 day of ~~ , 19 ~ M-50