|
79-~~ '~~~~ EXPANDABLE MOR,TC~rAGE
<br />A5SIiGNMEMT OF RENTS Lcan No. ~ $~?'•Ox3-3 __
<br />KNOiN ALL MEN BY THESE PRESENTS: That William i~1. Evans and B. Elaine 4:vans, husband and wife
<br />(hereinafter called the Mortgagors) in consideration of the sum of
<br />Fortt -One Thausarxd Four Hundred Fifty and NO1100------------------Doi,ars(g__>.r* t~g~y,Op__}
<br />loaned ~o Mortgagors, do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIAfiION of Omaha,
<br />Nebraska, (hereinafter railed "fYommercral"), its successors and assigns, the following described real estate, situated in the County of,
<br />Hall State of Nebraska, to-wit:
<br />Lot Forty-Six (46) Potash Subdivision, Hall County,
<br />Nebraska
<br />TO HAVE AND TO HOLD THE SAME, with rho appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever.
<br />Said fAdrtgagors hereby covenant with said Commercial, its successors and assrgns, that !dortgagors are lawfully seized of said premises, that
<br />they are free from encumbrances. and that they will forever warrant and defend the title to said premises agamsi the lawful claims of all persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the fcllcwing conditions:
<br />That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said
<br />sum of money, with interest, in payments as set forth in said ncte and have agreed to abide try the terms of said note and Charter and By-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, with interest. which ray, at the option of Commercial, be made by Com-
<br />mertiai !e the undersigned Mortgagors or their successors in title for 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 try this mortgage. being the amount due at any time on said
<br />original note and any additional advances made, exceed an amount equal to I1G percent of the amount of the original note, cwt rn no event shall
<br />said note exceed the maximum amount permitted by law. and PROVIDED. HOWEVER. that nothing herein contained shall be considered as limiting
<br />the amount that shall be secured hereby when advanced to protect the seturity 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 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 full force and
<br />effect; cwt II default should be made:
<br />{af In any df the payments due on said note, and any other note for additional advances made. as therein agreed id 6e made for three months. or
<br />,h} !n kt:oping rho impra ~,ments on said prcnis ~ insured against foss bi reason df fire. iig`ittning, and other hazards included in extended
<br />coverage insurance in an amount not 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 he held 6y Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor df Commercial; or
<br />{c1 In the payment of taxes and assessments levied upon sa!d prenuses, or on this n;ortgage, trefore they are delr^quent; dr
<br />fdl If there is any change in the ownership of the real estate mortgaged herein. by sale, erthe€ eutught or by land Contract. ar by assignment df
<br />any interest thereon or otherwise;
<br />then. in any of the above seFforth events, the whole indebtedness hereby secured shall, at the aptim of Commercial, immediatoly became due and
<br />payable without furthor notice. and the amount due under said note and any other note for additional advances made shaVi, teem the date of the exercise
<br />of Baia option. bear interest at the maximum legal rate per annum, and this mortgage may then be tdrecldsed to satisfy the amount due at said note, and
<br />any other note ice additional advances, together with all sums paid by Commercial for insurance, taxes. assessments and abstract extension charges,
<br />wish 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 at-
<br />Urhona! advances made exceed the maximum lawful interest rate.
<br />PRGVfGED, further, L`tat in tha aveltt that defauti Deco€s ;n the making of the paymonts dire w~ sa;d rata. and un any other Hate for ada'ttionat
<br />advances, as therein agroed to ~ made, or rn keeping the premises insured- a< - nc.1e ~ _vtded. r , }fault Ce -:adde in the ~y!n€..t of the taxes
<br />or assessments !evied upon the premises above described a upon th+s mortgage, before they are try law delinquetrt, Commercial shafC rte €vxtrttad
<br />to the immediate pdssess~on at the premises atxave descrltand, together with ail rents. proceeds and issues arising out of the premises, and may
<br />Ili c ret,on use ( e,t5 ~: far as it gems necessary ice 'the Fxrrp+ase „r:taking raga+rs u;~n die prom:sds and fdr Ne payment df insurance
<br />premiums, taxes and assessments xtf>dn sorb premises, and for necessarry expenses tnturred in renting said pternlses and tdflettng root therefrom, and
<br />f,~ apps, ss e dt1 sold rid,,- a°.d any notes evtd~tc;rig future advances hereunder nnt;i the ondehtrK~mdss sdcured Is fully paid: and for such purposes,
<br />the erode s _~d doe '~ - ;~ ~~is ,set oar and tr~EE'sfer u,+t e ,-..c. c. f _...a e^ ,..~ s a.°d n yes u*'ing ~y laP~+.fia%t
<br />payments .fur Inortgag~ owners or any tither rncanes of any type whafsc~ver from said p[r~;arty +, ru" a~~r.ed _s. the,.,.t.s ~,'.~..-d€Strihed; I;u4 sa+3
<br />C,rnmzrtrat shall in no case iK liable the the torture to procure tenants, to cdtlect rents, e: to prosecute attiCaas Cc reCO'rer possessrsd of ~+d premrs'@3.
<br />The fdortgagors further apfrornt Commercial of Omaha, Nebraska, there attorney ua fact. gtv+ng sold attomey power Irrevocahty, erMer do its v'wn
<br />name nr Mortgagors' names td take a!f necessary steps for praeeedings in court or otherwise, to cause said premises to be vatatett, to collect rentals
<br />a+ ott;et incomes due, aria when votes!. to rotor the same, to make all reasonable repar,s and pay taxes out cf said torts, profits, cantraet paymerxts or
<br />incomds and to do all such things e~dter by its own o(ficets or by other parties duly audtohzetl and appouited ray ~t, as its agent for said purpose, and
<br />is charge nr pay a reasonable fee !er such Services, all at the above to he dare at such limos and !n such manner and ar such forms as !n (here recd
<br />attorney may seem best, with full power of subsbtutwa
<br />Tne fa`d€t~a~[s hereby agtoe that if Cdrumerelal either voiun[agiy or +;avoiuntariiy hetdmes ea Is mado a arty to any sort or prcmeeding relating
<br />to the hereinbefore doscribed root estate. or to this modgage or said note at notes. ether than a foreclosure Inshtute~l by Caiunerc,af Mortgagors wt!I
<br />relmtxnse Contmerctal fo1 all reasonable costs incurred by Commercial In said suit or proteedmg- The Mdrtgagors further agree that rf the hererni>eiore
<br />described real estate or any part thereof be condemned under the power of eminent domaur, or .s otherwise ncquued for a pubne ore, the damages
<br />awarded, the proceeds tot the taking and for the Considerabaa tot such atgwsiti~ to tha extent cf the full amdunt al the remarnurg uapa~d mdobted-
<br />ness secured by ttiis rtorlgage, h.° a::d they hereby era, asstgr+od to Ca;nmerClat and shall rte yard fortfrwlth to Ccmmetc+ai to tae appired on account r?f
<br />Lhr! lay( mattrrjng inctalimgnt5 dt Suth Ind°btCdne55.
<br />Dated this -~+~ ._ day of ~W~ US!'_~_ , 14 ~L .
<br />tN THE PRESENCE OF; ~ /• `~-.~~~~~e~~,~..-'- , ~_
<br />_.____ _
<br />_-...---'-- ---°---- H. Elaine Evans
<br />STATL OF NEBRASKA
<br />ss. ~._________.__.__._._____..~------------.- _-.,___._.....
<br />CDUNTY OP Hall ~j
<br />On this ___. -day of ~ _._. , 14 L.T, before roe, a rota 6 rc In and for said Coun
<br />the ataove-named ~ - -~~~.- ry ~ ! ty, personally came
<br />t3i11iam M. Evans and B. Elaine Evans, husband and wife
<br />to me well known to he the identical person or persons whose name is or names are affixed to tha aoove mortgage as grantor or grantors and they, he
<br />or she, severally acknowled a the said instrument and the execution thereof, to he their voluntary act and deed.
<br />IINMIr•f~M1rNN-tu ~~l~.~r ~ A~jc~~
<br />N s's `
<br />~p~,i1t11iSeal rs day and year last above written.
<br />iv, ores
<br />Noarv Pubhi
<br />toy commisSioa expues ar ttre ___._-°_----. aay u1 ~.er`srt~ -_-__-.. ~.-
<br />
|