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79--i~Li EXP~:\TT,~A$LE I~r1~R'I'GAGE
<br />~~~ ASSli,NMENT tJF RENTS Lsar. "JC _ noa?u_7 _
<br />KNDW ALL MEN BY THESE PRESENTS That Dwight D, Johrson and Pamela A, Johnson, Husband and wife
<br />Fift- -Seven Thousand and NO/100--------------- (hereinafter called the ?Ncrtgagorsl in consideration of the sum of
<br />~ UOilars td y7 t7VU. VV--i
<br />loaned to Mortgagors, da hereby grant, bargain, self and convey unto COMMERCIAL FEDERAL SAVINDS AND LDAN ASSOClAT~fIN of Omaha.
<br />Nebraska, (hereinafter tatted "Commercial"l, its successors and assigns. the following described real estate. srfuated in the County of,
<br />Hall Stafe of Nebraska, to-wit:
<br />Lot Seventeen (17), Block Fotin^ {4) in Brentwood Subdivision
<br />in the City of Grand Island, Hall County, Nebraska
<br />Ti~ HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, wto Commercial, cis successors and assigns, forever.
<br />Said Mortgagors heretry covenant with said Commernai, its successors and assigns, that 6lortgagars are lawfully seized of said prem~ses, that
<br />they are free from encumbrances, and that they will forever warrant and defend the title to said premises against the !awful claims of alt persons
<br />whomsoever.
<br />Provided, nevertheless, These presents are upon the following condriions:
<br />Thal whereas the said Mortgagors as members of Commeraal have this dot= executed z note evidencing such loan and agreeing to repay said
<br />win of money, with interest, in payments as set forth m said note and have agreed to abide ~' the terms of said note and Charter and Sy-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances. with interest. which ...;ay. a: the option of Commercial. be made Gy Com-
<br />mwrial to the undersigned tAort2agars or their successors in title for any purpose, of any time before the release and cancetiation of this mortgage,
<br />rsicgxiz . - _ --~i >e~m~; i,y ,,,~,.E~s~. beicg +a ` ^.. rime :said
<br />cwt FRCViDED. H"uWEVER. of na time sill me a"-- ~ nrinc~aai ~,is -'-''-^^ :!::5^^_'^': ~
<br />original note and any additional advances mace, exceed an amount oqueiuto ilu" percent of the amount of dre original note but in no event sha{I
<br />said Hate exceed the maximum amount permitted by law, and PROVfDEO. HOWEVER- that nothing herein contained shalt be considered as limiting
<br />the amount that shall be secured hereby when advanced to protect the security or m aaordance with covenants contained m the mortgage.
<br />Now, if the said Mortgagors shall pay or cause to be 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 mtarest. thin these presents shat! be void: atherxise. to be and remain in FaD force and
<br />effect; but if default should be made:
<br />(a) in any of the payments due on said note, and any other note for additional advances made as thereir. agreed to be made for three nwnths, a
<br />(b} in keeping the improvements on said premises insured against Toss by reason of fire, IighNing, and other hazards included in exEended
<br />coverage insurance in an amount not less Than the unpaid balance of said mortgage !oar,, in a company or companies acceptable to Com-
<br />mercial, the original of such policy ar policies to be held trJ Commercial. and with a mortgage clause attached ?o said policy or policies.
<br />in favor of Commercial; ar
<br />f c? In the payment of taxes and assessments towed upon said pre!nises, or on this mortgage, 6etme they are delinquent; or
<br />(di If there is any change in the ownership of the real estate mortgaged harem, by sale. either outright or by land contract. cr by assignment of
<br />any interest thereon or otherwise; -
<br />then, ~o any of the above set-forth even?s, the whole ~ndebtetlness hereby secured sha'l at the option of Cammercia!:immediately become due and
<br />payable vii rnout further notice, arm the amM:.^.: due error card ante and any other note {or addibanal ad.anres made shall, from the date of the exercise
<br />of said option, bear reforest at the mxxim!~m !ego! rate pa_r annum. and gris mortgage may then he foreclosed fa satisfy the amount due on said n9[C, and
<br />any o?her note far additional advances, together with alt sum; paid 6y Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest therecm from the date of payment at the maximum legal rate.
<br />r'ROVIDED that in no event, either before ar attar default, shaii the interest due under ,aid Hato and this mortgage and amy c•~ er naYe fur ad-
<br />ditiana! advanr-_s made exceed the maximum lawful interest rate.
<br />PP.OVIDED, further, that in the event that default occurs rn the making of the payments due on said note. and en any curer note far additi~ral
<br />advaotes, as Lherei.^. agreed to !~¢ mane. ar in keeping mo ^~am~sas 1.".S'!red, 25 aMva pravined, ar .r nora;~!r ro mane .n !ne na„me~r of n,e taxes
<br />or assessments levied upon the premises above described or upon this mortgage, before they are by law delinquent Commertizi shaii be entitled
<br />to the immediate possession of the premises above-descrided. together with ail rents, proceeds and rssues arising out of the pfemise5, and may
<br />in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon the premises and ter the payment o(insarance
<br />premiums, lazes and assessments upon such premises, and far necessary expenses incurred in renting said premises and rollecting rent therefrom, and
<br />to apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; and for such purposes,
<br />the undersigned does Hereby sell, 2ssign. set over and transfer unto Cammeruai all of said rents. proceeds and incomes including any land caitract
<br />payments due mortgage owners or any other incomes of any type whatsoever from said property to be applied on the notes aWve-described: but said
<br />Commercial shall in nor case 6e liable for the torture to procure tenants, to collect rents, or to prosecute actions to recover passesson of said premises.
<br />The Mortgagors further appoint Commernai of Omaha, Nebraska, then attorney in fact. giving said attorney power irrevocably, either on its own
<br />name or Mortgagors' names to take all necessary steps far proceedings m court or otherwse. to cause said premises to be vacated, to collect rentals
<br />or other incomes duo, and when vacant, iu r€let t;,e sage, to , ^!! 'ease..^.ab!e ropaus and pay ?axes cud of said rents. arofits, contract payments or
<br />incomes and to tlo all such Things either by its own officers or by other parties duly authorized and appointed by it, as its agent far said purpose, and
<br />to charge or pay a reasonable tee for such services. all of the above to be done at such times and m such manner and on such terms as to then said
<br />attomey may seem best, with full power of substitution.
<br />The Mortgagors hereby agree that if Commercial either voluntanly or invalunianly becomes m is made a party to any swt or proceeding relating
<br />to the nerembeiere described rear esiaic, a ,,, ''d ^^?e = ^^?es pipe; ?Han a tnrednsure mstiWted by Cann?ercial, Mortgagors will
<br />reirnWrse Commercial tot all [easonabie costs mcurred~by Ccmmertiai in said surf or proceeding. The fdortgagors further agree that if the hereinbefore
<br />described coat esiaia a any port t~ ^' be condemned hnd?r the Hower of eminent domain oris otherwise acouired far 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 intlebted-
<br />rss secured try this mortgage, 6e, and they hereby are, assigned to Commercial and shall 6e paid forthwith to Commercial to be applied on account of
<br />the last maturin install °ts of such ind btedness.
<br />Dated this ~"~"` ^dayof + 19_~-~/! /~
<br />IN 7HE PRESENCE OF: rti! -
<br />~~ ~ - Dwight D. Johns
<br />STATE OF NEBRASKA
<br />ss.
<br />COUNTY OF Hall
<br />On this OZ ~ ~ day of t4 ~, before me, a notay public in and for said County, personally came
<br />the above-named
<br />Dwight D. John nand Pamela A. Johnson, husband and wife
<br />to me well known to be the identical person ar persons whose name is or names are affixed to the above mortgage as grantor or grantors and they, he
<br />or she, severally acknawletlge the sai6 insirwneni anu tiro e,.ac~Sae LLer~ - ~, ,,,,,,, ,,,,,,,, , ^tr a^" •'^^^
<br />6EGER11l titirAR--Blob d r~
<br />WITNESS my hand and Notarial Seal [his day and year last abo~ ~nri[t9RN0tD D- 4MEppEgp ~i~~,~ ~.f/1~ L(y~ ~~ {f
<br />MY Camm. Fro. Oat. 17, tY70.=" `"z-° `~-= - `-'
<br />Notary Public
<br />tAy cammissmn expires on the ~ ~ day of O __ i9 ~~ M-SO
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