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ASSIGNMEt1T 0;` k~Etd7S Loan No. 5,U~5.7-~;--._._... <br />KNOW ALL MI:N by Th1I:SE PRESENTS: That Steven E. Hain and Brrenda L. Horn, husband and w3„te <br />(herelnafier called the Mortgagors} in cansideratian at the sum ai <br />Twent Six Thousand and NO/100------------- -- ------------- --Doilars(5--26 000<00--) <br />loaned t~Mortgagors, do hereby grant, bargain. sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIA'~ION of Omaha, <br />Nebraska, (hereinafter called "Commercial"}, its successars and assigns, the toltowing described real estate, situated in the County of, <br />HaSI State of Nebraska, to-wit: <br />SEE EXHIBIT "A" <br />TO HAVE AND TO NOLD THE SAME, with the aRPurtenances thereunto belonging, unto Commercial. its success-ors and assigns, forever. <br />Said f+iortgagors hereby covenant with said Commercial, its successors and assigns. that h9ortgagors are lawfully seized of said premises, that <br />they are free from encumhrances, and that they will (ore~rer warrant and defend the title fo saki premises against the lawful claims of all persons <br />whomsoever. <br />Pmvidetl, nevertheless, these presents are upon the fellowmg conditions: <br />TTat whereas the said Mortgagors as members of Commercizl have this date executed a note evidencing such loan and agreeing to repay said <br />sum of money, with interest, in payments as set Porch in said note and have agreed to abide by the terms of said note and Charter and Bylaws 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 Com- <br />mercial to the unders~gnetl Mortgagors or their successors m title for any purpose, at any time uefore the release and cancellation of this mortgage. <br />bul PROVIDED, HOWEVER, at no time shall the aggregate principal amount secured by this mortgage, being the amount doe at any time on said <br />orig~nat note and any additional advances made, exceed an arnaunt equal to IIO percent of the amount of the original note, but in na event shall <br />said date exceed the maximum amount permitted by law, and PROVIDED. HO'NEVER, that nothing herein contained shall be considered as iimihng <br />the arnaunt the( shall he secured hereby when advanced to protest the security or in accordance with covenants contained in dte marta~- <br />Now, ~t the said Mortgagors shall pay or cause to bu paid the said sums of money when due, as set torrir m said note, and any ether note for <br />add+hanal advances a~atle unh! said debt is lolly paid with interest. then these presents shall 6e void: otherxise, to be and remain in foil force and <br />effect; but d octal r should be made: <br />a) in any a. lime ayments due on said note, and any other note for atldiUanal advances made, as :herein agreed to be made for dries months, or <br />ib' in ke ping the improvements on said pre!nises insured against loss by reason of fire, hghtn~ng, and other hazards rnciuded in extended <br />coverage ~r.surance .n an amount not less than the unpaid balance of lard mortgage loan, in a company ar companies acceptable to Com- <br />merc~zl- the original of such policy or pohcles to be held by Commercial, and with a mortgage clause attached to said policy or policies. <br />in tawr of ~om'rrercial; or <br />tcj .a the payment of taxes and assessments levied open said prem!ses, or on this mortgage, before they are delinquent; or <br />(d} If there is any change in the ownership of the real estate mortgaged herein, by sate, either outright or try land contract. or 6y assignment of <br />any interest thereon or o':herwise; <br />then, in any of the above sehforth events, the whole indebtedness hereby secured shall, at the option df Ganmernal, immediately became due and <br />payable wic!out further notice, and the arnaunt dos under said Hate and any other note far atld:bana! advances made shalt, tram fire dais at ore exercise <br />of said optwn, bear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy the amount due an said Hate, and <br />any other note for additional advances, together with all sums paid by Commercial for insurance, fazes, assessments and abstract ezlensipn charges. <br />with interest dtereon from the date of payment at dte maximum legal rate. <br />PROMO€D that in no event, either before ar after detault, shat! the +merest due under said note and dns mattga~ and arty ether nWe for ~- <br />d!iiona! advances made exceed the maximum lawful interest rate. <br />Fri1`v`iC:EG. further. Thar io ttie event that aetavkt ~~_t:urS in dte mak~irg pr the payinoiit'a one' Cut laid nat2_ and jai airy ether Hale for addifianat <br />~.~ ? - } es -:: - _ - t., h~.~. ry A ~! :n ~a f _' h~;~ Rte. t~'[3 ~: _,.es. ~ 3~~.,.._ - -Agar'., _ f .f~sr3, i= F~ ~.~a t~,~• : 4'r~~ t pf ~ ~3"s <br />r; assess;r~ents IeviCdv i~r` the premises above descnhed at upa: L'us ~^ortgage, before they are ~ aw'~as±€:quent, C~smercral shalt be eatitted <br />to the immprliafe passessinn of me pteinises abave~descntrod, together with ail rents, proceeds and issues aris+ng out at tiro premises. and may <br />i.- .t~ Misr eu, a . g th .en!s ~ •+r as it dees~ ndcessa y :ter the ~rpase ~t .; ax-rig repai!=>t~n ore Fl~is~s and o t^? Fay' ant oT ir.SUrBn€e <br />P @~?.ilina. tangs oriel a5se- r;ent~ b~QR sncn giemis>'s" and r$i neces;a`y ex~ise5 :Hoar=C9 i.^• [entin¢ Sa[d ne~rr'ft•s ;~!~ C~'teCtrnif rent ~1~!@tr~r!- and <br />,utur~ ]tv3.:_ds hdrdunddr un, . did ,add`-,~~dss a2_• .~i s ~ .:' a:a: Vii" ;or 'such ~ .mss, <br />is appry s~:. ant n_.ds dvsd~:cong' y p - p,,rpff- <br />- - _. ,. _ . - - - ~rz tns-;~mec - - - rz2 as rz~i[a€i <br />' - _~ -~.~_. __._ .-_ -~ .-{. -_'- ~~xr ~iru .r~~- ~ E_ '_`~' - 3i ni s=~A rtx.--- _ - <br />~armerts doe .- t a~A +n r .:.nv Doter inCamdS 'f any rvoe w?fatsfldve t a:rr sa d a aperty > he teed nn tt~ Hates ~ e-desert lit s.~itl <br />Cpmmertidr slla ~. in n.} [a5E na --tbi:~ rof die failure tit procuie tenants; to cvliect tent3, of to prtiSeGU ie aCt'an5 to reCOYer poSS25510n of Said premises. <br />The Mortgagors t~.ttther appoint Conmercial of pmaha, Nebraska, their attorney in fact. g~vurg card attorney Rowse irre~taoly< erttrer ~ its awr. <br />name ar Mortgagors' names to take al4 necessary steps for proceedings ui court or otherwise. to cause card premises to two vacated, to cvtlect rentals <br />or other incair:rs due, and when vacant, to islet the same. to make all reasonable repairs and pay fazes out of said rents. prahts. contract payments er <br />incanres and to da all such tqurgs trtlter by its own atficers or by ether parties duty authorized and appointed bj it as its agent far said tx:~se <br />to charge or pay a reasonable foe far such services. all df the above to be done at such tunes and in such manner and oil soon terms as to their said <br />aUorney m.ry seem best, xith foil pexer of subst+tution. <br />The Mortgagors hereby ogles yret if Gtxnmerc!al ¢i die! vnlurltarify m ~nvoluntauly bntonres ar is made a party to any xurto: c,~>rded,n~ ietating <br />h the hgrerntcefur: descrirrd feat es~te. Ur kr this mortgage dr mid Held or nobs, tithe. than a torgc;asuie snshtut~ by C~'eicia= ?Ac=igas r±tr <br />re!mburse ivunrrrri+al far ail reaaarab(e coats !ncuned bk Commercial in said lint m proceettutg. The Mmtgagrots further ayrt'+? the: ,i tt>. =id~eirrbefae <br />dr<Str: iX'd teal P5(titf or auy fxlrt there6l Ge condCmngd under the Rowel df uq[u neat (bmd!n, of rs oihetwiSP acquired for a abr.. ,; -.e mr da:*ages <br />awarund, bie proceeds P3! ttie Wkmg, and for the cansiderahon for such acgwsihm to the extent of the toll am;~nt of thr r~±ta,ning i,r=.paitl m~C+kd~ <br />Hess se._:ureit try oils mortgage. be, and dtey hereby are. assigned to Cninmotc~al and shall be paid 4,rbrrw;th rn r,:_„mdre,a! a ~ aY+ai~e+e ~ri lts+~E*t::f <br />pre last rnr+tiarin install n arts ut guch inddbtddnrSSs <br />~j <br />Cta&ti offs _ da'1 Ui ~'._..-a_ ~~ __ , 19 ~ 11 ii <br />-,•, <br />IN THE PRE5ENCF/~tF' <"~`~ ~' _ r ~, <br />~. ~ ~ <br />_..---_" <br />-- - ~ - - -_~ Brenda L. t3cxrn ' <br />STATE OF NEBRASKA <br />ss. ____.._ _....,. __ ._...__._,. <br />COUNTY OF __-_-- ----...__.--_-_ <br />ball <br />On this .~ ...- ~,. -__.., day of ,..~s_~ ___ , t9 ~. before me, a notary pubtrc in and for card County. persona Hy Catne <br />the above named <br />Stovers E, tiara and Brenda L. Horn, hua2rand arnd Nlfe <br />to me well known to hp the rdenflcai person or {Krrsans whale Hama ~s or names are afhzad !o die atx.we mortgage as grantor or grantors and the:-. he <br />~rr~ ue the ' id inSttument and they-KeSUtinn ~rerei~f, t9 bP tt!?tr v01:~ritary aft and daei±, <br />'~TN€"r~~Caeat Se his ~y and year last a6~v£ wr:ttun. <br />sAan:i <br />~ l~ - - _. _ <br />Narary Ps~hhc <br />My commissmn expires on a __~__~~_._._ daY of _.r~a~Al~ - _. 13 ~~ . M ark <br />