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73°`~~'~~.~ EXPA\TDABTL.~ ~S{~RTGAGE ~ __
<br />ASStGNMSENT C)F ~EN7s ;roar;:"4o...___._ o21w1=-0
<br />KNO'tr' RLL MEN t3Y THESE PRESENTS: Thal Kurt D. Harmon. atoll' Patricia :?. Fiarmoxi husband and wile.
<br />Forty-six thousand r~ollars and no/100----------thereinafter r_alu d the Mortgagors) in consid'eraGoon of the sum of
<br />Dollars (3 t+S 000.00 )
<br />loaned to Mortgagors, do hereby grant, bargain, sell and ccnvey unto COMMERCIAL FEDERAL SRVINOS AND LOAN ASSOCIATION of Omaha,
<br />Nebraska, (hereinafter Gaited "Commercial"), its successors and assigns, the ioHowing described real estate, situated .n the County ot,
<br />State of Nebraska, to-wit:
<br />Lot one (1) in Black Eight CB) in Ashton Place an Addition to the City of Grand Island,
<br />Hall Cctinty, 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 tAorigagors are lawfully seized of said premises, that
<br />they are free fmm encumbrances, and that they will forever warrant and defend the title to said premises against the lawful claims of all persons
<br />whomsoever.
<br />_ Provided, nevertheless, these presents are upon the fallowing condiinns:
<br />That whereas the said Mortgagors as mem[aers 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 note and have agreed to abide 6y the terms of said note and Charter and DyLaws of
<br />Commercial.
<br />That whereas this mortgage shall secure any addrbona! advances, with interest, which may, at the option of Cammorcial. be made by Com-
<br />mercial to the undersigned Mnrig~gors or their successors in ti tie for any purpose, at any time before the release and cancefla6o~ of this mortgage,
<br />but PROVIDED, HOWEVER. at nr, time shall the aggregate principal amount secured by this mortgage, being the amount due at any tame on said
<br />original hate and any atldihonal advances made. exceed an amount equal to I10 percent of the amount of the original note, but in no event shah
<br />said note exceed the maximum amount permitted by law, and PROVIDED, HOylEVER, that nothing herein contained shall be considered as limiting
<br />the amount U;at shall be secured 'hereby when advanced to protect the security nr in accordance with covenants contained in the mortgage.
<br />Now, it the said Mortgagors shat! pay or cause to ~ paid the said sums of money when doe, as set forth in said note, and any other note for
<br />addi~ional advan~ ~~s made unto said debt is fully paid with interest. then these presents shall be void; otherwise, to be and remain in full force and
<br />effect; fwl if default should 6e made:
<br />la! In arty cf the payments due on said note, and any other note for additional advances made, as therein agreed to be made for three months, of
<br />fb? In Keeping the improvements un said premrses insured agarnst loss by reason of tire„ lightning, 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 nr polinres to be held by Commercial, and wish a mortgage clause attached to said poticy or policies,
<br />in favor of Commercial: or
<br />~cj in the payment of taxes and assessments levied upon said promises, or an this mo~'flage, before they are delinquent; or
<br />ftl1 if there is any change in the ownership er the real estate mortgaged herein, by sale, either outright a tr/ land contract, ar DY assignment of
<br />any interest thereon or otherwise; -
<br />then, in any of the above set-forth events. the whole indebtedness hereby secured shall, at the option of Commercial, immediately become du? and
<br />payable without further notice, and the amount due under said note and any other note ta. additional advances made shall. from the gate of the exercise
<br />of said option, near interest at the maximum legal rate per annum. and this mortgage may then De foreclosed to satisfy the amount doe an said note, and
<br />any other note tar additional advances, together with all sums paid 6y Cammerciai for insuance, taxes, assessments and abstrad 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 under said note and th{s mortgage and any other note for ad
<br />ditional advances made exceed the maximum lawful interest rate.
<br />PROVIDED, further, that in the event that default occurs in hw making of the payments due nn said note, and on any other note for atlditrwrai
<br />advances; as therein agreed to tie made. or in keeping the premises insurotl, as above provided. or if default De made in the !?ayrnent of the Faxes
<br />or assessments levied upon the premises above dascnDed nr open this mortgage, before they are by law delinquent. Gommerc{aJ shaft be er?Atfed
<br />to the im!;+ediala pacecScinn of tai? prRnrset a~rve•d2S~rib-P_.d, rngetha[ witlt all r€i?tS, prnC-g@dc and i5gu8S arjging G•Lt f thg p+aricne, toll ::.3y
<br />rn it discretion use the rents so far as it deems necessary Err the purpasa of niakmg repairs u{wn the premises and for the >sayme!!t •a- -nsurance
<br />i3iemiU~iiS taxes and aSSOSSraOiitS Upon SU%Ir prOmIS85, a~:~ tut neGOSSary expenS"c"a ~iaurred iii rOniiig Sala pY2+rii SOS and aaii0%iriiK i0iii tlf2r0ftii~i, aa7d
<br />in apoty Same on said Hate and any notes Ovidencine fuWre advances hereunder unt[1 the indebtedness sereired is ful.ty paid; a_qd for such pur!xLsec
<br />hIP UnderSlgnnd doO5 hOr0iTl Seii, a$Sign Set nVtr and transfer UnlO t161nmtlrel2l aH Of Sald ten lS, proceeds and IflCameS melUdmg.any t01rd Snl1tI3Ct
<br />payments due mortgage owners er any other incaufes of any type whatsoever from said property to De applied nn the notes above-desrribe~ Dot pfd
<br />Cnmmercra! shall rn nn case be haDle for the torture to procure tenants, to collect rents, or to prosecute actions to recover possess{on of said premises.
<br />'the fdatgagors further appmnt Commercial of Omaha, Nebraska. their attorney in fact, giving said attorney power rnevocaDly, either nn ors own
<br />name or Mortgagors' names to take ail necessary steps for proceedings in court or otherwise, io cause said premrses to De vacated, to eoHect rentals
<br />or other incomes due, and when vacant. to refet the same, to make all reasanaDie repairs and pay taxes out of said rents, prnhts, conhaet payments or
<br />incomes and to da alt such things either 6y its own officers or by other pathos duty authmizetl and appomtad by a, as its age,rt fa€ sand wrposa, and
<br />to charge ur pay a reasonable fee for such services, all of the above to be done at such times and in such manner and an such farms as to their said
<br />altomey may seam Dest, with full power of substifuhon.
<br />Tlrc Atartgagors her,+Dy 2gree t.4at if Commercial eithor volwrtanly ur invofuntaniy uecomes or Is made a p~rF; to any Sutt or proceeding relating
<br />to the hereint>efore doscnbetl real estate- or to this mortgage nr said note pr notes other than a foroc!osure mshtuled M' Cammerciai. Mortgagors wiH
<br />reimburse Conunorciat for ail reasonable costs mcurrod Dy Cammeraiai in said suit ~nr proceeding. The t,9ortgagors iuriher agree that if ti?e hereinbetore
<br />descnbod real estate or any part thereof be condemned under the power of eminent domain, or rs olheiwise acquired for a public use. the damages
<br />awarded, Nc proceeds for the taking, anA fo[ the consideration for such acquisition to the extent cf the full nmounl of the remaining unpaid indeDted~
<br />Hess secured Dy this mortgage, Dn, and they hereby are, assigned Io Cnmmertial and shall be paid forthwith to Commercial to De appirnd on account of
<br />the last maturing mstaflmonts of such mdebtadness.
<br />Daketlthrs.,_;i]•sL___.~da of ~_.___.__._._.._,t9.._'I9.
<br />iN THE PRES"cNCE "t": " ~~ _ ~'~._.~_..~~_-
<br />~~ urt, L'" Liar as,
<br />__ r,____._~_________.~__._~___.._______ ,
<br />~ ~ ~~~ Patricia J. Harman
<br />STATE OF NEBRRSKA
<br />COIfNTY OF ss. _.__-~_~ __.__.______...,.__~.___~,..---
<br />On this _.__. 3i~t_____._._ day of ..._'~u~xu$~ _.__.._. , t9 79 ,before rna, a notary public in and for said County. personally came
<br />the above~named
<br />"?? tical person er persons whose name is er names are affixed to the above !anrtgage as grantor or granters anu the a
<br />e said instrument and the execution ±hereef, to "vo their vnlur.tary act and deed.
<br />71q~Nif~,~i~.9~i ~~~ ~ r
<br />ai this day and year last above written, ~ ,,J :• ~
<br />~~s-~ ,,; Notary Public
<br />My commission expires nn ihe.___~ `-*°fL_._ day of -~ ~r<<CJS'~------_.__ , ia.,~f M.hC,
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