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A~SIaNMEP1T fJF R£NT5 an P;o _>??:s_~ ~.=:...._.,,--
<br />KNC3Vu ALIL Bk!ETa 0'h' IHESE PRcSEN"s S: Thal Pa.r:`;arct } . ~:=it<akez' a~ ;;orun,,:Q ,.. r,^,:3.t:at<e,_ , .:iust,~n,3 a.nd • ife
<br />(~'?~' naf'nS alEr''d t~1iF ~6 rgagnirs? Im ,f]PYSideiattl7n Df ttie 'i u'rn 4f
<br />rlf,t~,r• ,,ee, i't.C+u.",sand Thz'ee Yiua°a3rcd a;c ~ 2;C/iJC.___.____._---.________ __ OtltE:ar 13.._53 3Ct.C!1--}
<br />Maned ~to Mortgagors. do heretrf grant, barg~a'un sell anrf .onney unto COA9tAERGtr"tL ; EDEP.Ai SAVtN~OS AND L0~4P~ ASsOC'dA~BON of fJ:rraha,
<br />Nebraska, (here:nztter Ca!ted "Commercial"}. its successors and zssiges, the frflowiog described real estate. situated m the County af.
<br />Hall State et Nebraska, to-wit:
<br />Lot Five (5) of "i;ItIUOLPH'S SUBPIVISI;J"i", of a ^:,art of the West half of the Northeast
<br />Quarter (Wll2*;E1;4) and a part of the East Half o_` the i3orthc~est Quarter (£1/2Y.W11'+)
<br />of Section Fourteen (ls), in Tow•ns'rip Eleven (11) :3ortn, Range ,Fine (9} Kest of t're
<br />6th Y.'.? hall Count,,, ,.ebraska
<br />TO HAVE AND TO HOLD THE SAME. wit. the appurenances thereunto b@ienging. ante Cnmmercia+. Its scccessors and assigns, forever.
<br />Said fr9ortgagors hereby covenant with Bald Gommerclal. its successors and assigns. that".4rtgagors are !awfully seized of said premises, that
<br />they are free from encumbrances, and !hat they will for@ver warrant and defend the title to sa'd premises against the lawful claims of all persons
<br />whomsoever.
<br />Provided, ~~avertheless. these presen?s are upon the fcl!cvnng cantlitions:
<br />That wherea<_ the said Mortgagors as members of Commeraai 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 note ar.d have agreed to abide bN the terms of said note and Charter and By-laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any add!tiona! advances. wife interest. which may. at the aptwn cf Commercial, 6e made by Com-
<br />mercial tc the undersigned Mortgagors or their successors in title for any pureo;e, at any hme before the release aad cancellation of this mortgage.
<br />but PROVIDED, HOyfEVER, at no time shat! the aggregate pnncipal amount secured by this mortgage, belag the amount due at any time en said
<br />original note and any additional advances made. exceed an an punt equal to IIC percent of the amount of the ongina! note. but in no event shall
<br />said note exceed the maximum amouni oernliiieri uy iarv. and ~ '^ED "OuE`.'ER the' "e'h~.^.g t!e!e'" c""t?'nar± shah he considered as limiting
<br />the amount that shalt 6e secured hereby when advanced to protect the security ar in accordance with covenants contained in the mortgage.
<br />Now, if the said Mortgagors shall pay cr cause to be paid the said sums of money when due. as set forth in said note. and any other note far
<br />additional advances made until said debt is fully paid with interest. then these presents shall be void: other Hi se, to be and remain in full force and
<br />effect; but if default should be made:
<br />(al In any of the payments due on said note, and any other note for atldlbonal advances made, as therein agreed to be made for three months, or
<br />rb} In keening the improvements on said premises insured cgainst !ass by reason of fire, lightning, and other hazards included n extended
<br />coverage insurance in an amount not less than the unpaid balance of said mortgage !can, in a company or wmpanies aeCeptable to Com-
<br />mercial, the original of such policy or policies to he held 6y Commercial. and wrth a mortgage clause attached to said policy or Fa!,ri@s,
<br />in favor of Commercial: or
<br />,c} In the payment of taxes and assessments towed upon said premises, ~r 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 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 steal I, at the option of Gommerciaf, immediately become due and
<br />payable without fiurther notice, and the amount due under said note and any other note far additional advances made shall, from the date of the exercise
<br />of said option, bear interest at the maximum legs! rate per annum, and this mortgage may then be foreclosed to satisfy the amount due on said note, and
<br />any other note for additional advances, together with all sums paid by Cemmertiai 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 uni;er said note and this mortgage and any other note for ad-
<br />ditional advances made exceee the maximum lawful interest rate.
<br />PROVIDED, further, that in the event that default occurs m the making cf the payments due on said note, and on any ether note for additional
<br />advances, as therein agreed to he made. cr in keeping She premises insured. as atwao prcvidec. er if default be made in the payment of the taxes
<br />cr assessments levied upon the premises a:;ove described ar upon i?is ortgao , t~fo;e they are by° taw d@Iinquent, CommerciaS steal: ~ entitled
<br />to the immediate possession of [he premises above described, together with ail rertts, proceeds and issues ansir,g out of the premises. and may
<br />in its discrelien use the rents so far as it deems necessary for the purpose of making repairs upon the premises and for the payment of insurance
<br />premiums, taxes and assessments upon such premises. and for necessary expenses incurred m renting said premises and Collecting rant Cher@Eron;, and
<br />to apply s&.ma or. said not? and any not@s evidenc!ng future advances hereund@r until the Indebtedness secured is fully paid; and for sr+Ch purp^ses,
<br />the undersigned does hereby sell, assign. set over and transfer ante Commercial ail of said rents, proceeds and incomes including any land Contract
<br />payments due rlortgag@ owners or any other incomes o` arty type whatsoever tr;;~a; said property to bo applied cn the notes atrvG ~escri4 d; ~;t said
<br />GemmerCl'ai SnaH in riu P.a52 t>e Itetrte tCr ui@ ~aitUr@ tG prcctire tti'tant5. t Lv!fer;t rents. pr t0 pros+?cute aCtlc~ts tC r@t'n';@t pC35@SS~Yk of said pierises.
<br />The Mortgagors further appoint Commercial of Omaha. Nebraska. their attom@y m fact. giving said attorney power irrevocably, either on its own
<br />name or Mortgagors' names to take aH necessary steps for proceedings in court or otherwise, to cause said premises to be vacated, to collect rentals
<br />or other incomes due, and when vacant, to relet the same, to make al! reasonable repairs and pay taxes cut of said rents, profits. contract payments or
<br />incomes and to do all such things either by its own officers rr by ether parties duly authonzed and appointed by It, as its agent for Bard purpose, and
<br />to charge or pay a reasonable fee for such services. all of :he above to be lane at such Ernes and in such manner and cn such term; as to their said
<br />attorney may seem hest, wish full power of substitution.
<br />The Mortgagors hereby agree that if Gommercia: either voluntarily or involuntarily becomes or is made a party to any surf or proceeding relating
<br />to the hereinhefore described real estate. or to this mortgage or said note or notes, other than a foreclosure Instituted by Commernal. Mortgagors will
<br />reimburse Commercial for all reasonable costs incurred by Con;merclal m said sal? or praceedurg. The Mortgagors further agree that if the herembefoie
<br />described real estate cr any part thereof be Condemned under G!e power of e.^.unent domain, cr is otherwise acgwred ter a pub!!C as?. the damages
<br />awarded, the proceeds fa the taking, and for the cen.siderahan for such acquisihen to the extent of the full amount of the remaining unpaid indebted-
<br />ness secured by this mortgage, be, and they hereby re, assigned to Commercial and shall be pall forthwith to Commercial to be applied on account of
<br />the last maturing install nts of such ind tedness ~ ~-~
<br />Dated this day of _._.. 9 ~~ ~ -~ /` 1~/ ,'-~-^-f
<br />L~~f del - ~ /~
<br />IN THE PRESENCE OF: ` -~=fyC~..~~.
<br />~'~ ~~~--
<br />STATE OF NEBRASKA
<br />- Connie J. Whit er
<br />ss. - -
<br />000NTY OF `ihad-}t -- -------- --._ ,
<br />On this _(~~t-~.~. day of _____._. ___ , 19 _!~~before me, a notary public in and for said County, personally came
<br />theahove-named Richard E. Whita .rand Connie 3. Whitaker, husband and wife
<br />to me well known to be the identical petsen or persons whose name Is or names are affixed to the above mortgage as grantor or grantors and they, he
<br />or she, severally acknowledge the said instrument d ~r~c~oelNclYeir voluntary act and deed.
<br />AR."f.".~ °. yy~BERti
<br />WITNESS my hand and Notarial Seal this dap a t!!ls9t~i~~' 17. ie7e ~C?~~~~_~ , ~/
<br />My commission expires on the h K day of _ `~%~ -_ 19 _~/ fA 5G
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