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79--f9~)~64(} EXF'AI"•1IDABLE M(?RTGAGE
<br />ASSIGNMENT OF RENTS Loan Nn. 50460-E'
<br />KNOW AL! MEN BY THESE PRESENTS: That Arthur D. Kuhl and Gwen E. Kuhl, husband and wife
<br />- (hereinafter called the Mortgagors) in consideration of the sum of
<br />Thirty-One Thousand and NO/100-------- Dollars($--31,000.00--)
<br />loaned to Mortgagors, do herebyy grant, bargain; sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha.
<br />Nebraska. (hereinafter called "Commercial"), its successors and assigns, the following described real estate, situated in the County of,
<br />Hall State of Nebraska, to-wit:
<br />Lot Five (5), Block Three (3), in Westerhoff's Second Subdivision, being a re-
<br />subdivision of the South Half of Blocks Three (3), Four (4), and the North Half
<br />of Blocks Five (5), and Six (6), Westerhoff's First Subdivision, in the City of
<br />Grand Island, Hall County, Nebraska
<br />TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that Mortgagors 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 against the lawful claims of all persons
<br />whoms•: ever.
<br />, Provided, nevertheless. these presents are upon the following conditions:
<br />That whereas the said Portgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay sa!d
<br />sum dl money, with interes(, in payments as set forth m said note and have agreed to abide by the terms of said note and Charter and By-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, with mteres(, which may, at the option of Commercial, be made by Com-
<br />,;;c;c;a; to rs,gndd P'dr!gagdrs or their sectessdrs m hrle for a.,ny n~~rpnse. at any time he(ore the release and cancellation of this mortgage,
<br />but PROVIDED"HOWEVER. at no lime shall the aggregate principal amount secured by this mortgage, being the amount due at any time nn said
<br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but in 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 serured hereby when advanced to pwtect the security or in accordance with covenants contained in the mortgage.
<br />iiuw, i iiid Saw nOrtgd,;G~ S I pay d to fb ^°1d th° caiA aimc nr mnnny when due as CP.t forth in said note. and any Other note for
<br />additional advances made wail said debt is fully paid with interest, then these presents shall be void: dthernise, io be and remain ~n full force and
<br />effect: but .f default should be made:
<br />(al In any of Ure payments due on said note, and any other note for additional advances made, as therein agreed to be made for three months, or
<br />ib1 Ir. keeping the improvements on said premises insured against foss by reason of fire, lightning, and other hazards included in extended
<br />sverage msurarree in an amount not less than the unpaid balance of said mortgage loan, in a company er companies acceptable io Com-
<br />eicial, the aigm2i of such policy or policies to be held by Commercial. and with a mortgage clause attached to said policy or policies,
<br />in favor of Crnimercial: or
<br />c! In the payment of taxes and assessments iewdd upon said premises, ar on this mortgage, before drey are delinquent or
<br />di 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 oUrerwise;
<br />then, m any o! the above set-forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately became due and
<br />payable without further notice, and the amount due under said note and any other note for additional advances made shah, from the date of the exercise
<br />of said option, bear interest al the maximum legal rate per annum. and this mortgage may Urea be foreclosed to sahsiy the amount doe on said note, and
<br />any other note for additional advances, together with all sums paid by Commercial for insurance. !axes, assessments and abstract extanswn charges,
<br />with interest thereon from the dale of payment at the maximum legal rate.
<br />PROVIDED that m no event, either before ur after detault, shall the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances nude exceed the maximum lawful interest rate.
<br />rn"OwvE u. iwu - . " ,~,.~, n1n' ., ... '^° "^~"^ "r t6° me duo did nnl° and rvr anv n1h8f note. Inr adds bona!
<br />advances. as U}e.eui^2gteed [a be made. ar m knepmg fhe~ ~e~rrses insured. as a~ve provided. ~er if default be made in the payment of the taxes
<br />•' ass. ss ~ rev i.d ,!rn the fremrses above dPScrrl;ert..,r u~ ih-c ,,ertgago, before :hey are by +aw de'rnquen' Camn~e2~af shall be entitled
<br />to the i i ~ ~cdmte ;.e s ss!aa ;,' Ure premises above tlescri~d. tdgether w!th a!! rents, prdceeds aad ass es aris:nz u! of the eremises, and may
<br />;,• .Is ^~.;. r. t .; ~ one ilia re; is s.- .a. as it gee. is n@Ce;3an; for th. i,;:~i,.;Se ;.t u:aking repair, upon the p,e:n,ses aid ,°~ the pa,me,~~ u. ~nsu[ar•,ce
<br />prenuunis, taxds and assessments upon such premises, and ter necessary expenses incurred m renting said piemises and cdlfechng refit Ute!ehern, and
<br />to apply sasie or. s ~ r.;!r and any notes evidencing future advances hereunder unb! die indebtedness secured is fatly paid: and fdr such purposes,
<br />~e uneery~~,fied>7oa, ~e~et~r 3e!1. assign sat over and tr~sfer unto £~i ~mur~~ai ati of s,3id rots, prpeeads;rndmcames in~frmirg any addcsnttact
<br />payments doe mortgage owners or any other incomes of any type whatsoever frost said property to be applied on the notes above~descnbed; but card
<br />Commercial shalt in s.o ease t~ Imble Ipr the failure to pmeura tenants, to collect rents, or to proserrle achnns to recover possession df said prdmises.
<br />The 6±ortgagors further uppmnl Commercal of gmaha. Nebraska, their attorney m tact, g.vntg card attorney puwe! trrevecably, either pn it5 own
<br />name a Morigagms' names to take all necessary steps fm proceedings in Court or otherwise, to clause said premises G^ bd vacated. to eoltect rentals
<br />Or dttu~i u,uames Que. ,and When vacant, to reset the same. to make aft reaxonabld repairs' and pay faxes art of sofa rend, prohts. contract payments ar
<br />incomes and to tld all such things either by its own ofhcers or by other pathos daily aathailed and appointed by it as its agent for said purpose. and
<br />to charge ~~•~ pay a reasonable lee for such serviras, all of the above to be done at such lures :rod ut such manner and un xuGh terms :as M theft said
<br />attorney may seem best. with lull power of subslrtuhon
<br />The Mortgagors hereby agree filial if GomnieiC!al 9ither voiuntaniy of uivdiuntauly Geeomes a( is mace a pally to anv sod or prceecding relating
<br />In the heieuibe(uie tlesr,nbed feat estate or fo this mortgage dr said note qr notes, Curer 6han a fdrec:asuie insWuted by Con!mercia+. Mortgagors wilt
<br />reund,rse Commercial for all reasonable Costs incurred by Commdreiai m said swt er prdceedmg The Mmtgagais turtl==.er agice That if Ne hereinbefcre
<br />described ulal estate 4i any part rhoienl be condemned under the powor of eminent domain, di is otherwise acquned tin a pabLC ase the damages
<br />awarded, the proceeds for the faking and for the cons!deration lo! Such acyutsi!im td the extent o6 the hill ammrnt ~ f the re+narn;rig t~npard.ndebl~.
<br />ness Secured by this iuodgage, be. and they hereby are, assigned to Catrmetcial and shall be paid forlhwilh tp Commare~a= fe rm a^phed do account of
<br />the Iasi inahnmg mslal!menfs Of such indebtedness_
<br />Dated this ___ - 29th_____ ol__ Aut nst __ --- , 19~`t_ _ . E
<br />IN THE PRESEiI£E F; ~~aF:-.`-...-.~..~c~ ~'~C ........ .. ......._..... ,.
<br />.~~~~~ A t_-ur D. Kuhl
<br />_ t
<br />-----_._ .__ -_._-----~.. -..-._-_,_ --..d._ Gwen E. Kuhl
<br />STATE OF NEBRASKA
<br />COUNTY OF ss.
<br />Hall
<br />On this ... 29th __ _____ day of _AUgust_.._„___,_.._-_ , 19 7-q_ ,before me, a notary public in and fa said County, personally came
<br />the above-named
<br />Arthur ll. Kuhl and Gwen E. Kuhl, husband and wife
<br />al Berson or persons whdsa name is or names are affixed to the above mortgage as grantor or gr^ntais an e . he
<br />or she, . y cl ! the said instrument and the execution thereoF, to be their voluntary act and d. / ;
<br />$EHERAL NOTAit ~ f
<br />-nigh ~", e I this day and year fast above written. /` ~~/~ -
<br />(p~~~ Nularv Public
<br />Mu rnn~im svnn nxmies On the _.. _. ~__ day of _~~ OS~ 19 Gf!_ . M 5L'
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