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<br />79- Q04371 EXPANDABLE 1V~ORTC~AGE <br />ASSIGNMENT OF RENTS Lwn No. _u~?i38=4_._ <br />KNOW ALL MEN 8Y THESE PRESENTS: That Charles J. Bunz an Sand~ra ~7 ggar hus~and a d .wif <br />~heremafter called the l~o~tgagors m consi~erahon o~the sum cf <br />Forty-Seven Thousand and NO/100------------- ------- - ~ollars(S __47 p~0 0__) <br />loaned to Mortgagors, do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIAIIEJPJ ofgmaha, <br />Nebraska, (hereinafter called "Commercial"), its successors and assigns. the (olldwing described real estate, situated in the County of, <br />Nall State of Nebraska, to-wit: <br />Lot Fourteen (14) in Block Four (4) in P.eelat of Riverside Acres, <br />an Addition to the City of Grand Island, tia11 County, Nebraska <br />TO HAVE AND TO HOLD THE SAPdE. with the appurtenances thereunto t+elong+ng. unG: Commeruai, its succes;ors and assigns. forever. <br />Said Mortgagors hereby covenant with said Commercial, rts successors and assigns, that 'ortgagors are iawfuliy seized of said premises, that <br />they are free from encumbrances, and that they will forever warrant and defend the title to said premises against the lawful claims of all persons <br />whomsoever. <br />Provided. nevertheless. these presents are upor. the following ccnd,tions: <br />That whereas the said Mortgagors as members of Commerciz! 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 ;n said note and have agreed to a6~de try the terms of said note and Charter and By-Laws of <br />Commercial. <br />That whereas this mortgage shall secure any additional advances. with m±erest. wMch may, at the option of Commerual, 6e made by Com <br />menial to the undersigned Mortgagars or their successars in title for any purpose. at any nine beforo the release and cancellation of this mortgage; <br />but PROVIDED. HOylEVER. at no time shall the aggregate puncpai amount secured ~~ this mortgage. being ttre amount due ai any time on said <br />original note and any addrtional advances made. exceed an amount equal lc 11D percent of the amount of the original note. but m no event shall <br />said note ezceed the maximum amount permitted by law. and PROVIDED. HOWEVER. that nedring herein contained shall be cansidered as limiting <br />the amount that shall Ire secured hereby when advanced fa protect Uhe security ar in accordance with tovenanfs contained in Ghe mortgage. <br />Now, ii the said Mortgagors shall pay or cause to bz pair, the sale sum=_ ni money when due. as set forth in said note. and any other note for <br />additional ztlvances made anti! said debt is fully pa+d with mtarer. then these presents shall be void; otherwise, to be and remain in fuH force and <br />effect; but it default should be made: <br />ia? fn any of the payments due or, said note. and any other note ter additional advances made. as therein agreed td be made for three months, nr <br />;b% In keeping the improvements ar, said premises insured against loss by reason of fir?. lightning. and other hazards included in extended <br />average insurance in an amount not ies than the unpaid ba!ante of said mortgage loan, m a company or companies acceptable to Cam- <br />mercial, the original of such policy or policies io Ix held try Cnmmeraa!. and with a mortgage clause attached to said policy or policies, <br />in favor of Commercial; or <br />ic3 In fire paymen? of taxes and assessments ley+ed upon said premises, or on this martgage. before they are delinquent; o; <br />;dl if there is arry• Chang_ in the asmership of the real estate mortgaged hereih, iPy sale. either outught or by land contract. or by assignment cf <br />any interest thereon or otherwise: - <br />ther:, in any of the above set-forth events. the whole indebtedness hereby secured shall. at the aption of Commercial. ±mmediately become due and <br />psya6le without further notice. and the amount due under said note and any other note for additional advances made shah, tram Ne date of the exercise <br />of said option, !rear interest at the maximum legal rate ~r annum. and t*,is mortgage may then ~ foretlesed to satisfy the amour,; due do said note, and <br />any otrrer note for additional advances, together with all sums paid a; Commercial ter insurance, taxes, assessments and abstract eztension charges. <br />with rnterest there~'I fmm the date of paymait at the maximum logy: rate. <br />PROVIDED that in no event, either before or after detau;f. stet! the ;merest due under said Hate and this mortgage and ary other note for ad- <br />dicaaa! advances :ado exteed the max;mmm lawfu intt,est ra'e. <br />PROVIDED. ~rthes. !hat in the event that defaalt otturs an the -antng of She ;ayments me m; said no!>. zed ihi any other note for add;ficna! <br />adrences. as Neren agreed tc be c~ade, or in keeping the pre^.ses insured. as above provided. or if defau!t'~ made +n the payment of the taxes <br />er assessments tew?si upon Lhe pre=ices a~ve d25crit~d _:. u n this martgage. beiare they are try' law de4squent Commercial shall be entitled <br />to the i r:,ewaie pnssessi~n s the prem+sas aDtv2-d?scriFie9. €_geT^=r with ail rents. proceeds and :sues ae+s+ng cut of the pre,T+ses, and may <br />in its tliscrefion use tie rents so tar as ~t deems netessary fur e pz;rpcse cf ::along repairs op,.n the premises and far the payment of insurante <br />pre~,iun:s, taxes and assessments up:1n such pram+ses. and for necessary ezperses Incurred ~a renting sa~:d premises and colltciing rent lhere`rom, and <br />iY apply same ry_ said note anC any notes ev+dshnng future advents hereunder until the ;ndebtenness secured is fatly paid: and for such purposes; <br />the unde;sr~,ed dots hereby set!. assi~. set over arw *.ransfer unto Gaa.merciaf all of said rents. proceeds and incomes including any land contract <br />payrnerfrs dire mortgage owners ar any clue: memos 7 any h~pe whaUeever from said prxerty to be applied on the Dotes above-described; but said <br />Cer?aeerciaf shat; in no case be liadfe for the iar'ura to prttare tenants. to reflect rants. er to prosewta at6~s [a retover possessmn of said premises. <br />Tte hkrtgagprs fattier ap~mt Crr~mernal ;.f Omaba Nebraska- their attorney .n fact, g~.v:rig sa!d attorney power irrewcably, either on its own <br />nurse x MarTgaga;s' names is lane a;l net~ssarv steps for proceedings m court ai otherwise to tansy ;ai9 prom+ses to be vacated. to culled renbls <br />et other incomes duo, and when natant. to reset the same- to male a!! reasanabie repairs and pay taxes cut pf said cents; profits, cantrac[ payments ar <br />inwmes acrd to do all such thrngs either by its own t'f;cers or trr other parties duly au;,icrizee aria appo:r:fed oy .t as +ts agent for sai6 purpose. and <br />13 charge or pay a reasaiabie fee for such ser>-,tes aft of the aiHIw. ;c tse orme at such tames and in ;uth manner and an such terms as to their said <br />zttorney :nay seeei best. with fill power ei suL>:t~~~4!us. <br />^;ar,., <br />the a9ottgagors hete~ agree that r C~r<m„ierc!al e+mer :•-...,~ rve'unLr,;y teccmes ;r is ^,ase a rar1~ m any s,+t or proceeding relating <br />to the lere!abefare described real estate. ~t is ths r~.tgage or sett. ~v;e .r rues zCser dran a t„recsas e ;nsbfLtec p} Cammertial. Mortgagors Trill <br />rprffbtrrse GDarnercial for all reasonable costs :nt..~_~ ~. C:v", -t•a'~_ ,~ ~.. sc~- ;;: n;.,;.eed,,g it.e !{.~:.~eF;.rs `..ih . -tee "rat !`fie here+nbefore <br />described teal estate m any Dart [heresf N tondeTvree under the oex`er c' en,nent w~ a' . ar ,s etherw~, se atquueo tot a Dub4c use. the damages <br />awarded, the proceeds tot the taking. and for the tons:de;at:on 'ar svc" atqu+s;t cm •_ Me ex'er.+.a) me i_,: am ant ,i the ia;ain:ng unpaid +ndebted- <br />ness stunted $' this marti~y'g. 6e, and they eM r=_ ass~ge Cm-:-:erc~a! and shy' tx [e+d terrtim*r ;c Come :ai to 6? applied ae acarM of <br />the last matting stal~mprf$ nt sudr irdebt „s . >q <br />4lated ftris ~ day cf _ .9 _L . <br />iN i~PRfSENCE OF: - --. <br />~,~ Charles J. ~-- - <br />STATE OF NEBRASKA <br />Sandra J. Bunz~ ;r'" <br />~~ <br />COQNTY OF g/a1~_,/,~ <br />, <br />On This ~ day ofi __- , 197. before me. a notary• public in and for said Caun!y, personally came <br />the aGhve-named <br />Charles J. $ ,anti Sandra J. Bunz, husband and wife <br />to me well known to be the identical person or persons whose n ame is or nan;es are affixed to the above mortgage as grantor cr gianUrs and they. ~~? <br />cr she, severally acknowledge the said instrur„xii and the execut ion Nereef to be them volunt~aryy act and deed. <br />h.Bl£tt;1t NaiARY • 9E1E~ or lMtbr. <br />WITNESS my hand and Notarial Seal this day and yezr lac, at»ve ArtNOLD D. WED~ <br />wr yy~, ~• e <br /> <br />~ ~ ~. -Y'C~LOrr<L-~~•~f <br />acuq P~~S'~c <br />7` <br />My wmmissinn expires on the_-~L~_-day of_~ ~ 'A 50 <br />__ 19 <br />