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7`'3-~ (~~S~i5~r1 <br />(f) in performing any of the terms or conditicns of the Building Loan Agreement <br />between the parties hereto, <br />then, in any of the above sat-forth events, the whole indebtedness hereby secured <br />shall, at the option of Commercial, immediately become due and payable without <br />further notice, and the amount due under said note and any other note for addi- <br />tional advances made, together with all sums paid by Commercial for insurance-, <br />taxes, assessments and abstract extension charges, shall, from the date of the <br />exercise of said option, bear interest at i~ percent per annum, and this <br />mortgage may then be foreclosed to satisfy such amount due. <br />PROVIDED, that in no event, either before or after default, shall the in- <br />terest due under said note and this mortgage and any other note far additional <br />advances made exceed the maximum lawful interest rate. <br />PROVIDED, further, that in the event that default occurs, in performing <br />any of the terms or conditions of the Building Loan Agreemen~ between the parties <br />hereto, in making of the payments due on said note, and on any other note for <br />ad.ditionat advances, as therein agreed to be made, or in keeping the premises <br />insured, as above provided, or if default be made in payment of the taxes or <br />assessments levied upon the premises above described or upon this mortgage, <br />before they are by law delinquent, Commercial shall be entitled to the immediate <br />possession of the premises above-described, together with all rents, proceeds <br />and issues arising out of the premises, and may in its descretion use the rents <br />so far as it deems necessary far the purpose of making repairs upon the pre- <br />mises and for the payment of insurance premiums, taxes and assessments upon <br />such premises, and for necessary expenses incurred in renting said premises <br />and collecting rent therefrom, and to apply same on said note and any notes <br />C~Iti CIIV illy i44U~'C 6V`I 61, ~: ~•j (~C i'CUtl E1 C!` Un C71 G/7@ If1UGbt`,CUIiC» ~CIUt'~Cu fj itii i,y <br />paid; and for such purposes the undersigned does hereby sell, assign, set over <br />and transfer unto Commercial all of said rents, proceeds and incomes of any <br />type whatsoever from said properly to be applied on the notes above-described; <br />but said Commercial shall in no case be liable for the failure to procure ten- <br />ants, to collect rents, or to prosecute actions to recover possession of said <br />premises. <br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney <br />in fact, giving said attorney power irrevocably, either on its own name or <br />Mortgagors' names to take all necessary steps for proceedings in court or other- <br />wise, to cause said premises to be vacated, to coltec*_ rentals or other incomes <br />due, and when vacant, to relet the same, to make all reasonable repairs and pay <br />taxes out of said rents, profits, contract payments or incomes and to do all <br />such things either by its own offiSers or by other parties duly authorized and <br />appointed by it, as its agent for Said purpose, and to charge or pay a reason- <br />a61e fee for such services, ati of the above to be done at such times and in <br />such manner and on such terms as to their said attorney may seem besC, with <br />TU11 power of SUbsLitUL10n. <br />The Mortgagors hereby agree that if Commercial either voluntarily or in- <br />voluntarily becomes or is made a party to any suit or proceeding relating to <br />the hereinbefgre described real estate, ar to this mortgage ar said note or <br />notes, other than a foreclosure instituted by Commercial, Mortgagors will re- <br />imburse Commercial for all reasonable casts incurred by Commercial in said suit <br />or proceeding. The Mortgagors further agree that if the hereinbefore described <br />real estate or any part thereof be condemned under the power of eminent domain, <br />or is otherwise acquired for a public use, the damages awarded, the proceeds <br />for the taking, and for the consideration for such acquisition to the extant <br />of the full amount of the remaining unpaid indebtedness secured by this mortgage, <br />be, and they hereby are, assigned to Commercial and shalt be paid fgrthwith tq <br />Commercial to be applied on account of the last maturing installments of such <br />indebtedness. <br />Dated this 2~c1' day of auFusc ~ Ig <br />I N H ?~R~{E S~E~y i, e 0 F : ..~..._._...._.._ ~ f'.>titr'r"~"' ~ # t'"t ~`` y`'"'s"'?'~'° <br />" "~a~d~~~~ t ~~onalci il. "'et.rint, - <br />KeLecca ? Mehrinzi <br />,-r a~ - <br />O <br />(OVER) <br />