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
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<br />(OVER)
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