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]~.~ $~ EXPANDABLE 1~tORTGAGE <br />ASSIGNMENT OF RENTS Lnan Na 'O+a!19-g <br />KNCW ALL MEN BY THESE PRESENTS: That Robert Bjo'rklund and Nancy J. Rjor'riund, t:u~::and and wife <br />Fort Five thousand five-hundred dollars and no nafier called the Mor_~agors) in consideration of the sum of <br />y- ~~~---------- Dollars (a--4 4 - ) <br />loaned to Mortgagors, do herebyy grant, bargain, sell and convey unto COMMERCIAL EEDEP,AL SAVINGS AND LOAN h;SOCtm1l11v of tlmaha, <br />Nebraska, (hereinafter tailed "Commeraal"}, its successors and assigns, the following described real estate, situated in the County of, <br />State of Nebraska, to-wit: <br />---Lot Four (4) R & 3 Su'~division Hail County, idebraska.--- <br />TO HAVE AND TO HOLD ?HE SAPdE. with the appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever. <br />Said Mortgages herzby covenant with said Com~,~ercial, its successors ono assigns. that Mortgagors are lawfully seized of said premises, that <br />they are free from enwmbrances. and that they vn!I 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 foliow~ng conditions: <br />Thal whereas the said Mortgagors as members of Commercial have This date executed a note evidencing such loan and agreeing to repay said <br />sum of money, with mlzrest, in payments as set forth m said noie and have agreed to abide 6y the terms of said note and Charter and DY-Laws of <br />Commercial. <br />That whereas this mortgage shall secure arrr additional advanczs, with interest. which may. at the option of Commercial. be made by Com- <br />mercial to the undersigned Mortgagors or their successcrs s: btie for any purpose, at any time before the release and cancellation of this mortgage, <br />but PROVIDED, HOWEVEP,, at no lime shall the aggregate principal amount secured by this mortgage, being the amount due at any time on said <br />original note and any additional advances made. exceed an amount equal to 1!L percent of the amount of the orginal note, but m nc went shall <br />said nota exceed the maximum amour.( peruitizd by law, and PROVIDED. HOWEVER, that nothing harem contained shall b¢ consider¢d as limiting <br />the amount that shall be secured hereby when advanced to protect (he security or in accordance with covenants contained in the mortgage. <br />Now, if the said Mortgagors shall pay or cause to be pall d+e said sums of money when due. as set forth in said note, and any other note for <br />additidna! rice =crz until ~d debt is fu" paid :rth ,nearest, ihEn flies resents shall ;< r <br />'"t' ` ", .~y ¢ p ~c~d; othErhisz, tE Dz and rzmarn i.. fN farce and <br />effect; but ~f default should be made: <br />fat In any of the payments due on said note, and any other note for additional advances made. as therein agreed to be made for three mdnths, or <br />(b! In keeping the ImprdVEmenfs nn 531d pr&iitS¢S insured agams! loss by reason of lire, !ighfning, and other hazards included in extended <br />covzrage insurancz in an amount not less than the unpaid balance of said mortgage loan. m a company or companies acceptahfe to Com- <br />mercial, the original of such policy or policies to be held 6y Commercial. and with a mortgage clause attached M said policy or policies, <br />in favor of Commercial: or <br />(ci In the payment of taxes and assessments levied upon said premises, or on this mortgaga, before they are delrrqueni; or <br />(d) If there is any change In the ownership of the real estate mortgaged herein- by sale, either ouhight or b'I land eonhact, or by assignment of <br />any interest Thereon or otherwise; <br />then. m any of the above set-forth events, the whsle indebtedness hereby secured shall, at thz option of Commercial, immediately txcome due and <br />payable without futther notice, and the amoura due under said note and any other note for additional advances made shalt, from th¢ date of fire exarcisz <br />of said option, bear Interest at the maximum legal rate per annum. and this mortgage may then be foreclosed to sahsfy the amount due on said note, and <br />any oilier note far additional advanczs, tdgefhzr rich all sums paid by Commercial for insurance, faxes, asszssments and abstract extension charges. <br />with mleresl thereon from the date of payment at the maximum legal rate. <br />PRCViDED that in rid event, zi[hzr hefor¢ or after dzfault, shat! ilia interest due under sand noie and tt;ls mortgage and any othzr note for ad <br />d!tron3l advanczs madz axya¢A tha maximUr^ la!vnE= +n'o'est rata <br />PROVlOED, further, (hat in the event that default dcears in tha rlak!ng cf Lhz payments due co said note, and a. a:,y dtfrer aotz far additidnat <br />advances, as therein agreed to be made, a in keeeing thr, prznrises Insured, as above pro~ndzd, ¢r if default +x made :n Lhe pay.^.r¢nt dt dra taxes <br />or assessments leviod upon 6he premiss a!:~vz test ~ s+ r G+, i i ~as€ ~f,.a ,trey ?rre br `nn tlel,nrium ~ nmerc,al matt ~ pnttteQ <br />to the irlimadiate pt15SC:sien et the a:zmisas a[x] a. esr ~r r ether w_m i- ,ant< rrnra•,dF ;t,,,+ ~ ..~.~ a-. E .,~. -!t m <br />"7 <br />'.ri ire discrztion use the rants so tar as ~: d+"zns _.,.,,,r y ray :ire ~rrpc,e ar „aklrs -i,ai,s ups, ,. o p..^us2~ s,~~ u. thz payment d6 inpuranEa <br />p isms, ~ .r'~ afia e~S€,e~ ~.. lpnn -~ -_ rnr~ a - --- n ry k.~ __ f ~ ..a-. k ~~ g sirs ifE~EtTS~ .. ~:e <br />to apply sa!nz cm sold Herr and any ndt¢s ev.d~c n2 foci. ¢ advarc s h.,reu d - a,L.. !hP ~r'~h~..r¢c ~ ~r rc y T;;. _." rv: ~~ ~~ <br />the undersigirad does h2rruy seR. assrgn. szi avzr did traasfzr unto Commerciat at! of said rents. procezds and Intones inGUding any land crntraoi <br />paymznts due mortgage owners or any ether incomes of any type whalwever from sold propzrty to he applizd on the notes above descobad; Met said <br />Commercial shaHin no case bz Irabie for thz failure to procure tenants. to collect rents, or to prosecute actions to recover possession of sold premises_ <br />The Mortgagors further appoint Commercial of Omaha. Nebraska, thou attorney m fact. g~viog card attorney power inevocabfv. either on us overt <br />name a Mortgagors' names to take al! necessary steps tar proceedings m court ar olharwlse, to cause said pr¢rn~sas td he vacated, td co!iect rentals <br />or dther incomes dux, and when vacant, f¢ relet Lhe same t¢ make all reasonable repaus and pay taxes out of sa.d rznts, protrts. contract payments or <br />incomes and to da all such things dith¢r 6y its awn officers or by ether parties duly authorized and apl?amted by it as its agznt for said purpose, and <br />to charge or pay a reasonable fe¢ far such services. a!! of thz above is bz done at such hmzs and in such manner and an such terms as to the+r said <br />attorney may seem best, with foil pdwar of subshtuUen <br />The Mortgagors hereby agre¢ that rf Commzrcial ath¢i velunfau!y ur naectcntauiy becaares o! is madz a party to any sort or preczading relating <br />to th¢ hareinbetora dascrlt>ss raa! est3t¢. r to th;s mcrigagz or sad riots' c.~ s -,L•er _a '"c•.! ,i e,nstdutr'd Gy Corr:;gi u= «'art~gdrs will <br />reimburse Commercial for all reasonable costs incurred b'1 Commacra' n said s I+ of pmceEtling The Mortgagors further agree that .. Jie hzreinbefarz <br />d¢scnbed real estate or anY part thereof 6e condemned under the power of Eminent domain. m .s cthe+wise acgwrzd for a public use, thz damages <br />awarded, the proceeds for the taking. and tar thz cc:nsid¢ratrcr, for such aequisrtm to trio extent of the full amount of the rzmainrng unpaid indeblad <br />Hass s¢eureU by this mortgage: be, and may heraky ate, assigned tc Colnm¢rc.a! and s!laH 6¢ paid forUw,ih to ComnrerCial to hz apph¢d do a,:cowrt dt <br />the last maturing installments of such indebtedness. ~~.-,, <br />Dated this. 14th day of ..-SeFtember _-_._. 14~~--- ,` ,~/~ ~ ' <br />iN-THE PRESENCE DF. • ~ ~ t -_ ~ f '~ <br />~' ~ ~~ -----.-_--- Robert Fsjorklund, ,' (` <br />t „ ' 1 ~,r <br />- --- ---_...__ ~ Nano _ _.. <br />STATE OF NEBRASKA ~ /~ i`., ~j ork fund <br />G4t1NTY OF HALL ~ _._._________._._._-_.___..-.___.-_------------_ __---_-._.. <br />On this 14th _~ day at .___ Se~etnber 14~~_- , hefnrz me, a notary public in and for said County, personally came <br />the atwve namzd <br />td me well known to bz the identical person ¢r persons whose nano is or names ar¢ aftix¢d Ec the ahev¢ mortgage as grantor or grantors and they ha <br />or she, severally acknowledge the said ins mer~iLgp ~ their voluntary act and deed. <br />ARIVOl,D m. Y1t!eDBERG <br />Ti <br />WITNESS my hood and Notarial Seat ibis ~ ~~. _~s C ~, , - <br />~, ~ /' notary Puh!~c .'~ <br />My commission expires nn the 1~ _ __. __._ day of _. ~`~ tr' _"!~__ __ __ 19 ~ ~ M SO <br />