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!~u~~i.~i~,~~+ ~ X P ~ T'ti ~~ ~~-. B ~ E ~ ~C~ l.`1[""'dar ~. ~a F <br />~^^`"' A'S'~ilDNbxE'NT 9i~ )R~E~11Cw,~' gar. Ia.._._ii ~.Lk~~'.-::~ .-_ <br />KffO'~I' Aa.~E IMiEIy k3T TIIiESE PRE'SENf!S: That IGravid L. Ge~~ arc: w'Veaa~~~a ~.. l:dee, 2iiwsa;~rrd .~ndi >~ri.'"'e; <br />tN ~r~-nrfh, r ~a ° d MNaie Mortg~gnrsf ur ra siderata '7 ruY the sumr of <br />For°L'+~ '~incrusan~ ;~"ix !H~~dred aa~d !*r,~/3yq~________,...,___..,,... .._,.._,_____-{yflfVarsrS__~C,#;Cjj.Ou''-- <br />'oanea to Modgagars, do heretry grant, bargain, sell and convey unto CObihtERClAL FEDERAL SAV!NCS AND LGAN A.SSOClATfO!? of Omaha. <br />Nebraska, {herernatt°r called "Ccrnmercral";. ds suc.^.essars aad assfgns, the falloveing desrrribed real estate, situated ie the County o#. <br />~~-= State of Nebraska, to-wit: <br />Lot Forty Five-{45) Potash Subdivision, Hall <br />County, Nebraska <br />TO HAVE Af?D TO HOLD THE SANE. with tha appurtenances thereunto beiang,ng unto Cor-„mercizl. iu successors znd assigns, forever. <br />Said f„ortgagars hereby covenant with said Commercial, its successors and assigns, mat F,iortgagors are lawfully seized of said premises, that <br />they are free from encumbrances, and that they wilt forever warrznt and Defend the title to said premises against the lawful claims of ati persons <br />wffomSaeYer. <br />Provided, nevertheless, these presents are open the following codd!bens <br />That whereas the said Mortgagors as members of Commercial have this date executed a rate evidencing such !Dan anal agreeing to repay said <br />sum of money. with iotarest, in payments as set forth in said note and have agreed to abide by the terms of said note and Cbarrxr and By-Laws of <br />Commercial. <br />That whereas this mortgage shall secure any adtlihor.a! advances. with interest, which may, at the option of Commercial, be made by Com- <br />mercial to the undersigned Mortgagors or their successors in title far any purpose, at any time before the release and cancellation of this mortgage, <br />but PROVIDED. HOWEVER. at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time on said <br />original note and any additional advances made, exceed an amount equal to ! 10 percent of the amount of the original note, but in na event shag <br />said note exceed the maximum amount permitted by law, and PROVIDED, HOWE"vER. that nothing herein contained shall ~ considered as limiting <br />the amount thaf shall tie secured hereby when advanced to protect the security or in accordance with cavenznts contained in the mortgage. <br />Naw, rf the card Mortgagors shall pay or cause to he 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 interest, then these presents shall be void; otherwise, to be and remain in fait force and <br />effect; but if default should tie made: <br />(a) In 2ny of the payments due on said note, and any other note far additional advances made, as therein agreed to be made for three months, or <br />!b? In keeping the improvements on said premises insured against toss by reason of fire. lightning, and Omer hazards included itt extended <br />coverage insurance in an amount Hai less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Cam- <br />merciai, the original of such policy or policies to .~ held by Commercial, and wim a mortgage clause attached to said policy ar policies, <br />in favor of Commercial: or <br />(c) In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or <br />fdj If mere is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract, or 6y assignment of <br />any interest thereon or oherwise; <br />then, in any of the above set-form events, the whole indebtedness hereby secured shall, ai the option of Commercial, immediately !>ecome due and <br />payable without further notice, and the amount due under said note and any other note for additional advances made shall, from the date of the exercise <br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may men (>2 foreclosed to satisfy the amount due on said note, and <br />any other note fur additional advances, together wim all sums paid by Commercial for insurance, faxes, assessments and abstract extension charges, <br />wim interest thereon from the date of payment at the maximum legal rate. <br />PROVi0E0 that in no event, eimer before or after default, shall the interest due under said Hato and this mortgage and any Omer Hate for ad <br />ditional advances made exceed the maximum lawful interest rate. <br />PROVIDED, further, that in me evert that default occurs in me making of the payments due on said mate, and on any other note for additional <br />advances, as merein agreed to be made, ar in keeping me premises insured, as above provided, ar if detault ~ made in the payment of me t,xes <br />or assessments levied upon the premises above described er upon this mortgage, before they are by law delinquent, Commercial shad be entitled <br />to the immediate possession of the premises above-described, together with alt rents, proceeds and issues arising out of the premises, and may <br />in ifs discretion use the rents so far as it deems nocessay! for the purpose of making repairs upon the premises and for the payment of insurance <br />premiums, faxes end assessments upon such premises, and tr necessary expenses incurred in renting said premises and collecting rent ~rerefram, and <br />to apply same on said note and any Hates evidencing future advances hereunder until the indebtedness secured is fully paid; and for such purposes, <br />th,e undcrior,-d dons `?sreu`y sr;i, assi9r, set over and tree€er onto Commercial ail of zaid rents, proceeds and incomes inel i^gary tarrdca,~rvact <br />payments due mortgage owners or any omer incomes of any tyoe whaksc~ever from said property to he applied an the Hates af>4ve-descrit~; txat said <br />Commercial shall in no case be liable for the iaiture to procure tenants, to collect rents, or to prosecute actions to recover possession of said premises. <br />The Mortgagors further appoint Commercial of Omaha, Nebraska. their attorney in fact, giving said attorney power irrevocably, either on rts own <br />name or Mortgagors' names to take alt necessary steps for proceedings in court or otherwise, to cause said premises to be vacated, to collect rentals <br />or omer 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 alt such things either by its own officers or by other parties duly authorized and appointed by it, as its agent for said purpose, and <br />to chzrge or pay a reasonable fee for such services, all of the above to be done at such times and in such manner and on such terms as to their said <br />attorney may seem best, wim full power of substitution. <br />The Mortgagors hereby agree mat if Commercial either valantarily or involuntarily becomes or is made a party to any sod or prxeeding relating <br />to the hereinbefore described rea( estate, or to this mortgage er said note or notes. other than a foreclosure instituted by Commercial. Mortgagors will <br />reimburse Oommercial for all reasonable costs incurred by Commercial in said suit dr proceedine. The Mortgagors former agree mat ,f the herembefore <br />descnbetl real estate or any part thereof be condemned under the power of eminent domain, or is otherwise acquired far a public use. the damages <br />awarded, the proceeds for the taking, and for the Consideration for such acquisition to the extent of [he full amount of the remaining unpard indebted- <br />ness secured by mis mortgage, be, and they hereby are, assigned to Commercial and shalt be paid forthwith to Commercial to be applied on account of <br />the last maNrin t rents of such indebtedness. <br />Gated mis --~~ day of ~ , !9 ~ . <br />IN THE PRESENCE Of: ~~~.,! tx.,a.~-~i-~ <br />STATE OF NEBRASKA <br />ss. <br />David L. Gee <br />x~ <br />Deanna K. Gee <br />:-COUNTY GF <br />On mis . ~~ day of ~~~__ , 14 ~, facture me, a notary public in and fior said County, personally came- <br />rae-above-named (! - <br />David L. Gee and Deanna K. Gee, husband and wife <br />to me welt known #a be the identical porsan or persons whose name is or names are affixed to me above mortgage as grantor or grantors and mey, he <br />ar she, severally acknowledge the said instrument and the exe do r~f~~thr f r. act and deed. <br />AtM1UtD O.4VFD8ERG ~~ ~ , /~ ~~ <br />WITNESS my hand and Notarial Seat mis day and year last t~~~, ~, pa, t7 ,Ig~g~.~~~+,-''"`f/ `~' G_ "~' <br />~ ~ s f?otar~r Public <br />My cammissien expires on me.. ~ .,! day of ~r%~~"r+'S"~- __ . t9 ~~ ra-5n <br />