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79~ !!~!'e a7~ EXP ~ ~ Y~ABLE 1VI~JRTC~AGE
<br />ASSIGNMENT OF RENTS Loar, No. _ u54av-
<br />KNOy! ALL MEN BY THESE PRESENTS: That Donald :.. 3elinek and 3anir_e K. Jelirek , husband and wife
<br />(hereinafter caAed the M,ortgagorsl ii-i considera5on of the sum of
<br />Twenty-One Thousand Five Hundred and NO%iOO-------------------- -- Daiars (S ___~- svD.0u-S-
<br />loaned to Mdrtgagars, do herebbyy grant. bargain, sell and convey unto COMMERCIAL FEDERAL SAVi1vGS AND LOAN ASSOCIAII~N of Omaha,
<br />Nebrask^. (hereinafter called "Commeraai"}, its successors and assigns, the following described real estate. situated in the County of,
<br />Hall State of Nebraska, to-wit:
<br />SEE EXHIBIT "A"
<br />TO HAVE AND TO HOLD THE SAME, with the appurtetances thereunto 6eltnging, unto- Co ;menial. rts successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial its successors 2nd assigns, that Mortgagors are lawfu'.ly seized of said premises, that
<br />they are free tram encumbrances, and that they will `Dreyer warrant and defend the title to said premises against the lawful claims of all persons
<br />WIt0nISGe4ei.
<br />Provided, nevertheless, these presents are upon the following conditions:
<br />Thai whereas the said Modgagors as members of Commercial have this date execu4ed a note evidencing such loan and agreeing to repay said
<br />sum of money, with interest, in payments as set forth in said note and have agreed to abide by the terms of said note and Chatter and By-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, be made by Cam-
<br />merci-~ to Ne undersignetl'Aortgagors or their successors Vn tithe ter any purpose. at any time before the release and cancellation of this mortgage,
<br />but PHUVIDED. HOWEVER, ai no bme shall Ne aggregate principal au~uuni s d ~y µ artgage, bet.^.g the =_"•^:~nt d_~e at any tin1P_ pit Sald
<br />original note and any additional advances made, exceed an amount equal io il0upercent of the amount of Ne original note, thri in no event shall
<br />said note exceed the maximum amcunt permitted by law, and PROVIDED, HOWEVER, that nothing herein ctntained shall he considered as limiting
<br />one r,~Tiuuni u~a4 Shati ix secured hereby when adv~nceu tt piatect tie s~:diiiy tt in accoidance wiir eaVen'ants cD;~rairied in life mortgage.
<br />Ntw, if the said Mortgagors shall pay or cause to 5e paid the said sums of money when due, as set forth in said note, 2s~' any other note for
<br />additional advances made wail said debt is fully paid wish interest, then these presents shall he void: otherwise, to be and remain m full force and
<br />effect; bulif defaull should be made:
<br />-, >n any of the payments due nn said note, and any other note for additional advances made, as Nere'^ agreed to be made for three months, or
<br />!bj In keeping the improvements on said premises insured against lass by reason of fire, lightning, and other hazards included in extended
<br />roverage insurance in an amount not less than ihe-unpaid balance of said mortgage loan, ir. a eenipany or companies acceptable to Cam-
<br />merciat, the original of such policy or policies to be held CY Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />(cj In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or
<br />(d) If there is wry change in the ownership of the real estate mortgaged herein, 6y sale, either outright or CY land contract, or by assignment of
<br />wry interest Hereon or otherwise;
<br />then, in any of ihe above set-forth events, the whole indebtedness hereby secured shall; at 4he option of Commercial, immediately become due and
<br />"~^~•"~•""~~ ^^+~~~ =~d Ne amN!nt due under said not= and any ether note fir additional advances made shall, from Ne date of bhe exerc;se
<br />paya
<br />of said tpticn~ far interest at the maximum legal rate per annum, and this mortgage may then be taeciosed to szhsty [he amount due on said note, and
<br />any other note for additional advances, together wish ail sums paid by Commercial for insurance, taxes, assessments and abstract extension charges.
<br />with aterest thereto from the date o! payment ai the maximum legal rate.
<br />ROY7DEC the[ in no event, either before er after default. snail Ne interest due under said note and this mortgage and any other hole for ad-
<br />diiiena! advances made exceed the maximum Iawfutinterestrate.
<br />aa0,=-InGn, h~rther. LLat in the event that da(a„!t occurs in Ne n=king nt the paymeois due to =a!d here, and :-x: any other Hate for additimfa!
<br />advances, as therein agreed to be made, or in xeep!ng the premises insured, as above provided, or if default be made in the payment of the faxes
<br />_s,ssmanis l,vi.~+ ;.o~n ire p<.~:ises =b.^,ve deser:tom' c r *i, martgagF, t~ftre Noy are L*r saw dalinqur:t. Ca^rn;ariaf shat; r. e<;btied
<br />- i°e i~r~mediate possession cf Ne premises above described,y together wiN ail rents, proceeds and !sues arisutg Hilt of the prBmiseS, and may
<br />.,, ,-, ,,. - ,. ,~„ nnL so- ta• 35 tt -ems ne wry „~ ,,. purpose at making repo Gp^un th@ premises and tGr Ne payment of insuian4
<br />-F.rEmrums~ iaxe~nand assessments upon such premises, andtar necessanr expenses incuriQd In renting mid pranis?s and cotfect~~; lent therefrom, and
<br />to apply some on said note and any holes evidencing future advances hereunder until the indebtedness secured is lolly paid; and for such purposes,
<br />the undersigned does hereby sell. assign, so- over and transfer unto Commercial all of said rents, proceeds and incomes including any land contract
<br />payments due mortgage owners er any other incomes tf any type whatsoever from said property to be applied on the notes above-described; but said
<br />Ctmmercial shall m no case be liable for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of said premises.
<br />Tire Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocably, either cn its own
<br />name tr Mortgagors' names to take ail necessary steps for proceedings in court or otherwise, h cause said premises to be vacated, to cellectren4ls
<br />ar other incomes due, and when vacant, to relet the same: to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or
<br />incomes and to do all such things either by its own officers or by other parties duly authorized and appointed by it, as its agent for said pupose, and
<br />to charge or pay a reasonable fee for such services, ail of the above to be dune at such times and in such mancer and on such terms as ro Neir said
<br />altamey may seem best, wiN hill power of substitution.
<br />The Mortgagors hereby agree Nat if Comme[cial either voluntarily or involuntarily becomes or is made a party to any suitor proceeding rotating
<br />to the hereinbetore dessnbed real estate, or [o this mnrtgzge or said note or notes. other than a foreclosure instituted by Commercial, Mortgagors will
<br />reimture Commercial for ail reasonable costs loco«ed by Commernal in said soil or proceeding. The Mortgagors further agree Nat if the hereinbefore
<br />described real asate tr any part thereof bo condemned under the rower of eminent domain, oris otherwise acquired far a public use, the damages
<br />awarded, the proceeds for the baking, and far the consideration for such acquisition to Ne extent of Ne full amount of Ne remaining unpaid mdebted-
<br />nss secured by Nis mortgage, be, add Noy hereby are, assigned to Commzrcial and shall be paid forthwith to Commercial to be applied an account al
<br />the last maturing insfaHments of such indebtedness.
<br />Dated Nis 2'{'`~ day of -~ut~ , 19 ~-. ~--~..
<br />iii lilt 'rKcJt
<br />~~ -
<br />STATE OF tiEBRASKA
<br />COUNTY O€ ss.
<br />~~ (i
<br />s.- :. ~C' rT-
<br />Donald L. Jel/i~nek~} r
<br />nice K. Jelinek
<br />_ Hall
<br />Oe Nis _-____~_t~_ .day of -~~{'~ _ , 19 ~, before me, a notary public in and for said County, personally came
<br />theabeve-named Donald L. Jelinek and Janice K. Jelinek, husband and wife
<br />to me watt known to ire Ne identical persao- ar persons whose name is or names are affixed to the above mortgage as grantor or granters anp~ffey, he
<br />~q~~~~•~~ Enid iiu`niifneni dr~d u - - ~ ^ ~ i6^« ,Mruntary art and dMd ,,//''
<br />e !7. ~'entNq~
<br />WI ritarial al Nis day and year last above written! V ~~ ~ ~ /~
<br />L-~r ~v. AiAi. 2s, i961 { Notary Puhhc
<br />MY commission expires on Ne_ ~~~day of ~//l r/5~ 19 ~~- M~50
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