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A~.;Si#~uhiAtEhJT ChE ~tEhi's""S ;_ca- ?t: '_'w?` '-.',____--
<br />KPiO'6V AL1 h9tN fiY uHEaE PRESENT;. That ;:lenticr3r. ':. 'fa_-Ter ,.:ad ~'a,c. ~e .ine ~ -_-ier,s, ~ ~;.:T3- ~, r : ;vi_or
<br />r he i ~hei rd!'r ~ i 't,ne fArrtSagcr r -n ccn, de~e~:o[[ of tea E~ of
<br />T"Itirty-:'i+v£ 'T'housand and td©1A(;: _____________° _ ---Dt,rlars !B--Os,t7O=0 Gr - ;
<br />{caned to PF,crlgag~~s, do hereb grant. barga.n. sail one cervey untc C+'itAhkEPCtn;_ r_O_RAL ~AVfNGS At4D LOAN ASS6CiATiON os Oinaha,
<br />Net)faSka, {frefelnaftef ;afled "~Ornine.'Ciai"1, tiS StiCC2SSurS and aSSigfiS. the foitOwing d25Cribed real estate. Situated in ih2 ,rpunt}% Of,
<br />Hall S#ate of Nebraska, to-wit:
<br />Lot Thirteen fl3) Westernr'eight= Titled Suisdivisio,^,,
<br />ir. Hall County, Nebraska
<br />TO HAVE P.ND TO HOLD THE SAME with the appurtenarr_es thereunto belonging unto Commercial, its successors and assrgns. forever.
<br />Said frtortgagors hereby covenan! vnfYr said Com^ercial, its successors and assigns, that "ortgagers are lavrful!y se¢etl of said premises, that
<br />they are free from encumbrances, and that they will forever warrant and defend the brie [n said prem!ses against the lawfa' claims efi al! persons
<br />whomsoever.
<br />Provided, nevertheless, Lhese presents are upon the following condi,icns:
<br />That whereas the said hthrtgagors as members of Ccmmercia( have this date executed a note evidencing such loan and agreeing to repay said
<br />. ey ...
<br />°°m ^f m^^ win, imefe<?. ~. r , en?s as sec form in szd note and have agreed to abide by the terms cf said note and Charier and By-Laws of
<br />Con~merGal. -
<br />That whereas this mortgage shat,' secure any additional aovances, with ,merest. which may, at the option of Commercial, be made by Com-
<br />mercial to the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cancellahen cf this mortgage,
<br />but PROVIDED. HOWEVER, at no time shall the aggregate principal amount secured by this mortgage. being the amount due ai acre time on said
<br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but m no event shall
<br />said note exceed the maximum amount permitted by law, and PROVIDED. HOt"!EVER, that nothing herein contained shall be considered as limiting
<br />the amount that shall be secured hereby when advanced to prefect the security or m accordance with covenants contained in 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 m said note, and any other note for
<br />additional advances made until said debt is fully paid with interest, then these presents shall be void; otherwise, to be and remain in full force and
<br />effect; but if default should be made:
<br />(a) In any of the payments due on said rate, and any other note for additional advances made, as therein agreed to be made for three months, or
<br />fbi fn keeping the improvements do said premises igcOrad against less by ~ son of hro, lightning. and cLher haza•"s included in exien'ued
<br />coverage insurance in an amount oat less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Com-
<br />mercial, the original of such policy or policies to beheld b1' Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />ic? 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 any change in the ownership cf the real estate mortgaged herein, by sale, either outright or by land contract, or by assignment of
<br />any interest thereon or otherwise;
<br />then, in any of the above set-forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immedately become due and
<br />payable without further notice, and the amount due under said note and any other note for additional advances made shall, from inE dale of rile exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy the amount due on said note, and
<br />any other note for addtional advances, together with all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from the date of payment at the maximum legal rate.
<br />PROVIDED that in no event, either before or after default, shall the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances made exceed the maximum lawful interest rate.
<br />PRCVIDED, further, that in the evenk that default cccurs in the making of Ghe payments due en said note, and on cry other note for additional
<br />advances, as therein agreed to be made, or in keeping the premises insured, as above provided, or if default be made in the payment of the taxes
<br />or assessments levied upon the premises above described or upon Ghis mortgage, before they are 6y law delinquent, Commercial shall be entitled
<br />to the immediate possesson of the premises atmve-described, together with ail rents, proceeds and issues arising out of the premises, and may
<br />in its discrehan use the rents so far as it deems necessary for the r'rposs of making repairs upon the premises and far tiro payrent of insurance
<br />premiums, faxes and assessments upon such premises, and for necessary expenses ~curred in renting Bard premises and cclfecting rent therefrom, and
<br />:c app ;y same cn said rate and any notes evidencing futu,e advances hereunder until the indebtedness sea.!red is fully paid; and fos such Futposes,
<br />the undersigned does hereby sell, assign; set over and transfer unto Commercra! ~!! ^f ~~~d ~°^ts ^~aceeds and i,~cnmes including a{ry .-rru ~-ontra~t
<br />payments due mortgage owners or any other incomes of any type whatsoever frcrn said property to 6e applied on the notes above-described: thit said
<br />Commercial shalt in no case be liable for the failure tc procure tenants. to collect rents, or to prosecute actions tc recover possession of said premises.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power !rrevoca6ly, either on its awn
<br />name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise, tc cause said premises to be vacated, to collect rentals
<br />or other incomes due, and when vacant, to color the same. to make al! 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 au[honzed and appointed by .f. as !ts agent for said purpose, and
<br />to charge or pay a reasonable fee for such services, zl! of the above to be done at such limes and in such manner and on such terms as to their said
<br />attorney may seem best, with full power of substitution.
<br />The Mdrtgagors hereby agree that if Commercial eittrer voluntan!y cr involuntarily becomes ar is made a party to any sod or proceeding rotating
<br />to the hereinbefore ~escri6ed real estate, or to this mortgage or said note or notes. other than a foreclosure instituted by Commercial, Mortgagors will
<br />reimtwrse Commercial for off reasonable costs rocurred by Commercial in said soil or proceeding. The Mortgagors further agree ±hat if the hereinbefore
<br />desceihed real estate or any part thereof be condemned under the power of eminent domain, or is otherwise acgmred for a public use. the damages
<br />awarded, the proceeds for the taking, and for the consideration for such acquisition to the extent cf the full amount of the remaining unpaid indebted-
<br />ness secured by this mortgage, be, and they hereby are, assigned to Commercial and shall 6e paid forthwith to Commercial to be applied on accamt of
<br />the last mahrrin install ants of such indebtedness. 'fir ~r
<br />Dateilthtisdayot~aAM~ , 19~
<br />,[ ~ ,.~.
<br />IN THE PRESENCE OF:
<br />STATE OF NEBRASKA
<br />n Clendvn T, tiller
<br />;) - ~' ~
<br />-~_. _.
<br />a ueline 5. Miller
<br />Ct)t1NTY OF ss. - ----_ --.-
<br />Hall}
<br />Qn this _~,!~_~ day of -.Q ,- , 19 ,before roe. a netar
<br />the above-named ~ y public m and for said County, personally came
<br />Glendon T. Miller end Jacqueline S. ".'tiller, husband and wife
<br />to me well known to 6e the identical person or persons whose nom is sixiltlrlDve mortgage as grantor or grantors and they. he
<br />a she, severally acknewtedge the said instrument and the executic~hre r~tA13~sct and deed.
<br />My Comm. ExR ~- ~_• '• S39
<br />~iITNESS my hand and Notarial Sea; this day and year last a~rv€ vrd?t€rr.
<br />Nctarv Public
<br />My commission expires on the I ~_~~__ day of _- __ 1g ~ tq.5n
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