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79 °-: d(~.~5`7"'~'~ E~ P A N D A B i.. E~~ R'P +G A Cx E
<br />ASSIGNMENT tJF RENTS Laa;+N:..--_--.'S`1~12-2
<br />If4NU°du` ALI. MEN BY?HESE PRESENTS: Thai James E, Smith and Madelyn ~~. Sznitiz, husband and kiss
<br />(heroimafter called the Mortgagors} in cons!deration of the sum ai
<br />Forty-Six Thousand Three Hundred fifty and NO/100-----------------Dotlars(S --46,350.00--}
<br />loaned to t>"ortgagors, do hereby grant, bargain, sell and senvey unto GOMMERGiAL FEDERAL SAVINGS AND LOAN ASSOCIRTION of Omaha,
<br />Nebraska. thereinafter called "Commercial"}, its successors and assigns, the following described real estate, situated in the County oi.
<br />Hall State of Nebraska, to-wit:
<br />Lot One (1) in Blcck "E" in Park View Subdivision, located in the
<br />Northeast Quarter (NE1/4) of Section Twenty Nine (29) and the Northwest
<br />Quarter (NH1/4) of Section Twenty Eight (28) in Twonship Eleven (ll)
<br />North of Range Nine (9), West of the 6th P.M., Hall County, Nebraska
<br />TO HAVE AND TO HOLD THE SAME. w!th the appurtenances thereento belonging. unto Commercial. !ts successors and assigns, forever.
<br />Said Mortgagors hereby covenant with sa!d Commerc!al, its successors and assigns, that Mortgagors are lavrfully 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 clams of all persons
<br />whomsoever.
<br />Provided, nevertheless, Ness oresents are upon the follow!ng conditions:
<br />That whereas the said Mortgagors as members of Grnnmercial have this date executed a note evidencing such loan and agreeing to repay said
<br />sum of money, with !merest, in payments as set forth in 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 interest, which may, at the option of Commeraal. be made by Com-
<br />mercial to the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cancellation of this mortgage,
<br />but PROVIDED. HOWEVER, al no limp shall the aggregate princgtal amount secured by this martgaga, being the amount due at zny 'time on said
<br />original note and any additional advances made, exceed an amount equal to t10 percent of the 2maunt pf 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 drat shall be secured hereby when advanced to protect Che security or m accordance with covenants contained in the mortgage.
<br />Naw, if the said fortgagors shall pay or cause to be pa!d the sa!d sums of money when due, as set forth in said note, and any other note For
<br />additional advances made until said debt is fully paid with interest, then these presents shall be void; othereise, to be and remain in tuft force and
<br />elfect; but !t default should be made:
<br />(ai Ire any of the payments due c;n said note, and any other note for additional advances made, as therein agreed to be made for three months, or
<br />ib1 '., keeping tho impravemenfs on said premises insured against lass by reason of fire, 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 or pahcies to be held by Gammercial, and with a mortgage clause attached !o said policy or pol!cies,
<br />in favor of Commercial; or
<br />ic} In the payment of taxes and assessments levied upon said premises, ar on this mortgage, before they are delinquent: or
<br />id) 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 whale indebtedness hereby secured shall, at the option of Cgmmercial, immediately trecome due and
<br />payable without further notice, and he amount due under sa!d Hate and any other note for additional advances made shall. from the date of the exercise
<br />of said option. bear interest at the maximum legal rate per annum. and this mortgage may then be foreclosed to satisfy the amount due on said opts, and
<br />any ocher note for additional advances, together wrth all sums paid ay Gammercial for !nsurance, taxes, assessmer!is and abstract extens!on charges;
<br />with interest thereon from the date of payment at the maximum legal rate.
<br />PROVIDED that m no event, either before or after default. shall the interest duo under said pate and this mortgage and any other note for ad-
<br />ditional advances made exceed the maximum lawfw interest rate.
<br />PROVIDED, Further, that rn the event that default acCUrs in me making of the payments due an said Hate. and rxr any ut6er Hate far additional
<br />advances, as hereto agreed to be made- ar in keeping Lhe premises insured, as above provided, ar if default be m~e in the pay;nont at the fixes
<br />or assessments leveed upon the eternises above descnMd ar upon his mortgage, before they are by law delinquent. Ca!nmerpial shall be entitled
<br />to the immediate possession of the premises above-deserit>zd, together with 511 rents, proceeds and !slues arising out of the premises, and Wray
<br />in its discrifan use the rants ~~ far as it deems neces35iy far he purse at makiug repairs u,~~? the demises and $m ~ payment of ansuranca
<br />premiums: taxes and assessmets upon such premises: and far necessay axrenses incurred rn renting said premises and Cetiecting rent drerefro+o; and
<br />to apply same on lard nets and any notes evrdencing future advancos heror;nder unt±i ;hp indebtedness seeurett!s tufty paid: and fo€ such purposes,
<br />tti@ Under. h"t~t d'ucS h -?i, aSar~, Sct "- and tiaF~ € rrirfg _ =al ~ _# _.4-raa#S, p.nrawri ~..,, !.._,,. -_5 :.,.. ~4..g an ,3,".r*:- .tact
<br />paymonts due marlRage owners or an_v_ ed?e( incomes pf arty type who+speypr from said props, v to he applred cr. Me ._Afas~•ARS: timed, tit ~i:?_ -
<br />Cpmmerciatshah in np case tee table far the failure Ea procure tenants. to eailect rents, or to prosecute actions m recover possession pf lard premises,
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney m tact, giving card attorney power ~rrevpcably, eitlrer on its own
<br />name or Mortgagors' names to take all necessary steps for proceedings m court or othxrwrse, tp cause sa!d premises to be vacated, to coClect rentals
<br />or other incomes due, and when vacant. to relet the same, to make alt reasonable repa!rs and pay taxes out of said rents, protts, contract payments or
<br />incomes and to do all such things erther by rts own officers ar by other parties duly authanzed and appointed W, rt, as its agent for card purpose, and
<br />to Charge or pay a reasonable tee fur such serv!ces. all of the above to be done at such fimes and in such !manner and on such terms as to tfieir said
<br />attotnry may seem best, with full power at sutuhtution_
<br />The Mortgagees hereby agree that !f Commeraal ether votpntaniy pr !nvalwrtanly becomes or rs made a party to any sort ar peer-eed!ng relating
<br />to the hereinbefore described teat estate, or to th!s !mortgage pr said note or notes. other than a (areclaswe rnsUCuieci M Cammerc~ai. Mortgagors well
<br />[ermburse Commercial fpr all reasonable costs incurred try Commercial m said suitor praeeedurg- The Mortgagors further agree chat if the hereinbetore
<br />despnbed teat estate ar any part thereof be condemned under the power of eminent ciamain. or !s pthprwrse accuued for a public use, the damages
<br />awarded, the proceeds for the taking, and for the cons!tlerahon for such acqu!s~hon to dip extent ni the full amount of the re!nalning unpard mdebted~
<br />Hess secured bY' this mortgage, be, and They hprcby are. assigired to Cannnoraat and at!at b, pa!d rorbiwrth to Co;!ttr!ereiaf to ~ applied nn accaont of
<br />the last maturing installments of such indebtedness.
<br />~tedthis. 3ath_,~dayof- August ~~_~, t9.~g__.
<br />iN THE PRE~ENCE OF:
<br />STATE OF NEBRASKA
<br />COUNTY OF
<br />On this -___ 30t
<br />dte above-named
<br />amen F:. umitai
<br />r
<br />'4..,~
<br />Made Smith
<br />ss. _e~....._-.~-._-.____m___.__.___~.______. _._..._._m.,._-.._.
<br />day of _August_~-_,__, , t4 7.9... ,before roe, a notary put±lrc ~n and for card County, personalty came
<br />.Tames E. Smith and Madelyn A. Smith, husband and wife
<br />to me well known to be flip identical person or persons whose name is ar names are affixed to the obeys mortgage as grasdpr as grantors and they, he
<br />or she, severally acknowledge the said :nst[ument and the exeeutian thereof: to ~ their voPar.±ary act and deed.
<br />CEtt€RA! NOTARY • StNe of NeUr.
<br />WITNESS my hand and NOWrlal Seal this day art r !~~yi~,~~ wD 6~rEO16ERG T /
<br />Uy C2mm. Elt9t•2~ 57. 1874 JJffJJyy''~ 111 l .- ~"~ I _ _
<br />"'1 ~ ~•~, NClarp Pnhiif
<br />My cammissinn expues on the./__ .__day af, d"~'--' ~__ . IJL~ M.50
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