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79-~,~('~ ~`"~ EXPA?ti1)ABLE MQRTGAGE <br />ASSfGNMENT OF RENTS ~sc u __ 32is92-5 ___ <br />KNOVy All MEN t?t' THESE PRESENTS: That Elmer E. Feldotto anc : atYileen F . Feldotto, hus.*,and and wife <br />;l;ere!nafte, tat!ed the Mrrgagdrs) +n c~ans+deratian ci the sum of <br />'t`hirtyy-Six ibci~sard `;;: P••^drad and x:nilnn------------------------Dnl!arstS--36,100.09--I <br />loaned to Mortgagors. do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAYINGS AtiD LOAN ASSUGIATiUf+ of umaha, <br />Nebraska, (here!nafter called "Commercial"), ifs successor and assigns. the `o?lowing described real estate. s,foaled in the County of. <br />Hall State of Nebraska, to-wit: <br />The West Sixty-Six C56'} of Lots Fourteen (14) and Sixteen (15) <br />in 'lock Two (2) in College Addit_on to West Lawn, in the City <br />of Grand Island, Hali County, Nebraska <br />TO HAVE AND TO HOLD THE SAME, w+th the aPPUrtenances thereuntr, G¢ICngmg, :mm rammeraal. +ts successors and assigns, forever. <br />Said Mortgagors hereby covenant w+Ch sam Commercial. its successors and assigns. that ":4ortgagors are !awfully se~zeG of sa+d preenses, that <br />they are free from encumbrances, and that they will forever warrant and defend the title to said premises aga+nst the fav;fu! clams of all persons <br />whamscever. <br />Provided, nevertheless, these presents are upon the follow+ng cardrtons: <br />That whereas the said tbrtgagors as members of Commercial have th+s date executed a note ewdenang 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 ab+de by the terms of said note and Charter and gy-Laws of <br />Commercial. <br />That whereas th+s mortgage shall secure any add+UOnal advances, w+th interest, wh+th may, at the option of C^.°~^~ert+al, be made br' Com- <br />mercial to the undersigned Mortgagors or their successors in litre for aTy Gurpose ai any time before the release and canoe laton of this mortgage. <br />inEn unwEVCR ar nn tone shall the aeere¢ate pr;nc+pal amount secured Gy this mortgage, being the amount G~.:. at any time on said <br />iginalVnat2 ar^ any a.^,";tie^al 'dvanc¢s m'^-°- °xr" n ae amount ¢gual to i1C percent of the an,cool of me w+giual ,+~ta, :_-..- ~., ao a:a+t >hall <br />said note exceed the maximum amount permitted by law. and PROVIDED. HOWEVER, that nothing h¢rein canfa~netl shah be co:~, toted as limiting <br />the amount 2rzt shall be secured hereby v+hen advanced to protect the setunry ar m accordance w+th cuvaants contained +n the mo+igage. <br />Piuv+, if the sa+d Mortgagors shall pay or cause to be paid the said sums of mono-; :;hen due, as set forth m sa+d note, and any other note for <br />addrtionai advances made until said debt is fully paid wiN interest. then these presents. shall be vma~ othern~+se. ro [~ and remain .n fuH force and <br />effect; Gut rf default should be made: <br />ta+ In any of the payments due on said note. and any other note for adtld+onal advances made, as therein agreed to ce made for three months, or <br />(b} In keeping the +mprovements on said premises insured zgainst loss 6y reason of foe, lightning, and other hazards included in extended <br />coverage insurance m an amount not less than the unpaid balance of sa+d mortgage loan, m a campany or companies acceptable ko Com- <br />mercial, the original df such policy or polin¢s to be held by Commercial, and with a mortgage clause attached to said policy or polies, <br />in savor of Commercial; or <br />fci In the payment of taxes and assessments leveed upon said premises. cr an [cos mortgage, before they are d¢Imr~uent or <br />tdi It there is any change in the ownersh+p df the real estate mortgaged here+n, by sale. either aufnght er by !and contract, or by ass+gnmer.l of <br />any interest thereon or otherwise; - <br />than, ui acy of the above set-forth events. fire whole indebtedness botchy secured shall, at the option of Commercial. +mmed+a tely become due and <br />payable w+thout further notice. and the amount due under sa.d note and any other n,te ter atld+t:ona? advances made shall, tram the date of the exerase <br />of said option, bar interest at the maximum ,ega rate H -~ a. s --r has -- - !*.... "~ - sF. f- s - ~-'*. ,. - - -t d.._ ,., sr--- -r^. and <br />any -note `or add;t+ana; advances, together wsN .. ! _u._t na!d r_, G.,mire-ua f(;-~ insurance t°zes. ass¢ss,..ent_ ,nd abstract extension charges. <br />with interest thereon from the date of payment of the maximuri toga! rate. <br />PROVIDED that in no event, ether before or after d¢fauit, shall the interest due under sa+d note and th+s mortgage and any other note for atl~ <br />ditional advances made exceed me maaimur~ law$+t mter¢st rate <br />PP.9VIDED (,other that !n the event that defaU![ o[curs !n i;,e mak+ng of the naymenis due on sa+o' nai¢, and ~9n ai+'y arbor r,ot¢ for tidif ~ ai <br />advances, as therein agreed to b_ mad¢. +n = _ ~ ~ ¢ premises insu.ed, as abav¢ erov+ded. er :f defa::!t h¢ m~do .n ina payment of the ivxes <br />_.5.,-_~ I_Vigd Ugun i' -~~_. ~ a; tga_e before ra°~ e ° m, lay d I _!. ~ e-aal mall Pw eniitleA <br />to {he immediate possession rot the 'premises above-descri tied. together with all rents proceeds and issues ansmg cut cf ffie pr¢m+s¢s, and may <br />in its di sttehdn d50 the tools SC tai a5 +t aeen:5 neteSSary 10f [he potence at maklrig r¢pairS Iipon fn¢ pr¢fi15eS an7 fCr the paVmenf of In SUrant¢ <br />premiums, taxes and assessments upon such premises, and for necessary expenses incurred in renting said premises and collecting rent therefrom. and <br />to apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured +s fully pa+d: and for such purposes <br />the ur.dersigred does hereby sell. assign, set over and transfer unta Comm¢rc+a! all of said rents, proceeds and incomes including any land contract <br />payments due mortgage owners or any other incomes of any type whatsoever from said property to be applied on the notes above-described; but said <br />Commertialshali in no case be liable for the ra,lure :a procure tenants. to collect rents, dr to prosecute actions to recover possession cf said premises. <br />The Mortgagors further appoint Commercial of Omaha. Nebraska, their attorney in fact, giving said attorney power rrrevocabiy, e+drer on its awn <br />name or Mortgagors' names to take ail necessary steps for proceed+ngs in court or otherwise. to raus¢ said premises to be vacated, to cohectreetals <br />or other incomes due, and when vacant to toter the same, to make all reasonable repairs anu pay taxes out of said ants, prohts, contract payments or <br />incomes and to do all such things either by rts awn officers or by other partie_ duly authonzed and appointed by !t. as its agent for sa.d purpose, and <br />to charge or pay a reasonable tee for such services. all of the above fo he done at such times and in such manner and on such teens as to their said <br />attorney may seem best. with full power el subsh tuhan. <br />The Mortgagors hereby agree that If Commeraal either coluntanry or involuntanly becomes o+ ~s made a party is-any su+t or prxeedmg relating <br />to the heremhefore described real estate. or to [his mortgage or said note a notes. other than a feredosur¢ mshmtee Gy Commerc+al, Mortgagors will <br />reimburse Commercial for all reasonable costs incurred try Commeu+ai m sa+d sent o+ ;uv eed+r.g The PoHgagars ,arthe! a °° Chat rf Cho hereinL~tare <br />described real estate ar any part thereof be condemned under the power of en n¢n? damain. or,<_ clherwise acomr¢d fora public use. the damages <br />awarded, the proceeds for the taking, and for the cons+de+aimu fur such atG~,s~tw!~ to u~¢ extent ¢f the fu!! amr~.^.r of rn¢ r¢ma~rr+og ~+~na+d ~ndant¢d <br />ness secured by this mortgage, tre, and they hereby are. assigned to Commercial and shall be paid forthwith to Commercial to be applied on aceount of <br />the last maWring ?nstaliments of such lode edne •/ <br />r`3lL`.V 4ii>--du`y df iQ / ~- <br />H PtiESENCE DF: ~ ~Y '"z ~'t~~- ~- <br />- lmer~. Feldotto _ <br />Kathleen F. Feldotto <br />STATE GF NEBRASKA <br />COUNTY OF Hall <br />On this ~~ day of -__- 19 ~-~. before me, a notary public m and far said County. personally came <br />the above-named <br />Elmer E. Fe otto and Kathleen F. Feldotto, husband and wife <br />io me well known to be the identipf person ar persons whose name is m names area;tized to the aN,ve mortgage as grantor cr grantors and Chey, he <br />o. ~e s_~ranv arknnwicdge die said instrument and the exetutan thereof, fa be their valuntary act and deed. <br />~RGL NDiRR7.8~ W NOOr <br />WITNESS my hand and Notarial Seal this day and ~~o~a. y7~t>a'A n~ ~ ~p/' ~ ~ <br />~___,_` l cgs` ~~~~ - <br />p Piviary P;al.~ <br />Sty commission expires on the ..~ Z__---aay a( - ~~" ~-f ry <br />