|
~9- ~~~",~`~ EXPA_T'~T f3APLE 1VI4R,TGAGE t;o~:~z-~
<br />ASSIGNMENT OF RENTS Loan No. ..---._ __---
<br />KNO'M ALL MEN BY THESE PRESENTS: That Lonnie .~. Viacilc and Christire Y. Vincik husban<4 and wife
<br />Thirty Sever: thousand dollars and ido/100-------hereinafter _alled the Mortgagors) in consideration of the sum of
<br />Dollars (5r-~37 ODO.OOy~~~v~~
<br />loaned to Mortgagors, do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LDAN ASSOCiAT10N of Omaha,
<br />Nebraska, (hereinafter called "Commercial"), its successors and assigns, the following described real estate. situated in the County of,
<br />State of Nebraska, to-wit:
<br />---Lot Ten t10) Westreads Estates Third Subdivision, F?all County, Nebraska.---
<br />TO HAVE AND TO HOLD THE SAME, with dre appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial, its successors and assigns; that tdortgagars are lawfully seized of said premises, that
<br />they are free from encumbrances, and that they will rorever warrant and defend the title to said premises against the lawful claims of all persons
<br />whomsoever.
<br />Provided, nevertheless, theso presents are upon the fallowing conditions:
<br />That whereas the said Mortgagors as members of Commercial have this date executed a note ewdencmg such loan and agreeing io repay said
<br />sum of money. with interest, in payments as set forth in said note and have agreed to abide by the terms of said note and Charter and D'y-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, with interest, which may. at the ophon of Commercral, be made by Com-
<br />mercial to the undersigned Mortgagors or their successors in title fur any purpose, at any time before the release and cancetlahon of thu mortgage,
<br />but PR041DE0. HOWEVER, ai no time 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 lll) percent of the amount of the original note, but in no event shelf
<br />said note exceed the maximum amount permitted by law, and PROVIDED, HOWEVER, that nothing herein contained shall be considered as hmihng
<br />the amount that sha!I be secured hereby when advanced to prohtt the security or in accordance with covenants contained in the mortgage.
<br />Now, if the ::?id toleHgagors shall pay or cause to be paid dre said 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. otherwise, to be and remain in full force and
<br />effect; but if default should 6e made:
<br />(ar In any of the payments due on said note; and any other note for additional advances made. as therein agreed to be made far three months, a
<br />Ibl In keeping the improvements on said premises insured against loss by reason of fire, lightning, and oGrer hazards mciutled in extended
<br />coverage insurance in an amount not less than the unpaid balance of said mortgage loan, in a company or eompanras acceptable to Com-
<br />meraal. the original of such pcbcy or policies to be held by Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; ar
<br />(c ~ In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent, ar
<br />rd+ If there is any change m the ownership of the real estate mortgaged herein, by sale, either outright or try land contract, or by assignment of
<br />any interest thereon or otherwise;
<br />then, m any of the atwve setforth events, the whole indebtedness hereby secured shall, at the option of Commerdai, immediately became due and
<br />payable without further notice, and the amount due under said note and any other note for additional advances made shag, from the date of the exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then ce foreclosed to satisfy Ne amount due on said note, and
<br />any at+?or note for additronai advances, together with all sums paid by Commercial fpr insurance: fazes, assessments and abstract extension charges,
<br />with interest thereon from the date of payment at the maximum legal rate.
<br />PROVIDED that in no event, either before ar after default, shall the interest due under said note and this mortgage and any other note fur ad-
<br />d~ticna! advances made exceed the maximum lawful interest rate.
<br />PROVIDED, furdrer, that in the event that default occurs in the making of the payments due on said note, and an any ether note for additiatat
<br />ad^:E,;c: s there, ° sre.d to ~ --.ad€, or .; kee;;ng tl+a promises insured, as ab;,ve provided, or if d autt ha ,-a~".e r. tihe ixi,?~nt of ih'c fixes
<br />or assessments levied upon the pre;n~ses atxrve described ar upon Nis mortgage, bolero they are try taw delinquent Commercial shaft be eat+tled
<br />to the immegiate possession of the prennses above described, together with all rents, proceeds and issues arising out of the premises, and may
<br />n its di`crobc+r use the rents sc "ar as +t deems necessary for the p++rpose et making repairs upon the prr',s;:ses a*'=d "_ "tom ~ymont ~t, +nsuF3r.Ce
<br />n e+r__in_ rax and assessments upon s4ch premises, and for naagssary_ oxpenses incurred itt ranting Skid p!er^tsgs a#rn e1+ i~, t ~a ~!i ,Irgaef!~; arr~
<br />t% api,'f sa~r r. said -rate anu er~y notes evrd~rcing future advanees_hzreunder unf+t the ;ndebtedress sec;:red is fu'.tp paid; and ter sgah purposes,
<br />t"e .1,+C _~ .., .,SSt~r, av@; a+td _ r ,.ntu ~•,~,v c'ai a{ ~,. e{it , k'U4~" Rtt~. °g _ `~:~ ~ oral
<br />n~ygrzr?; i e _'~~ _ ~ +u:t 'i arty nGhe~ , r nRS r_:f ark Syi1' ~t!~tfe. tr~n said ~'~~t¥ ~ ~ 2t~.k'°r! ~ t~?_,~t~ ~~a_~~4k~i #~sot xis
<br />Gommernal shelf m no case be iiabie far die failure to procure tenants, to coltett rents. ar to prosecute actions to recover possess+on of lard premssas.
<br />The Mortgagors further appoint Cammertial of Omaha, Nebraska, them attorney rn fact, giving said atteiney tower rrrevtoabTy. cattier an ifs xvn
<br />name or Mortgagors' names to !eke all necessary steps for proceedings in aaurt or otherwise, to cause said premises to be vacated, to caNect renpts
<br />o; othei incomes due, and when vacant, to relet the same, to make all roasonable repairs and pay tazos out of said rents, prchts contract payments or
<br />incomes and to da ail such things ether by its own ofbrers or by other parties duly authorized and appointed oy it, as cis agent for said purpose, and
<br />to charge a pay a reasonable lee to: such sarwtes, aN al the above to be done at such bores and m such !Wanner and an such terms as to their said
<br />atlomey may seem bast, with full power of subshtutmn
<br />The Mortgagors hereby agree Lhat rt Commercial either voiuntaufy cr iovoluntauly becomes ar is made a party to any sort of prtseed+sg relating
<br />to the herein6etore described rea! estate, ar to this -mortgage o! card note or notes. other than a roroelosure urshtute(f bf Commercial, Martgagars writ
<br />reimburse Commerc~ai for all reasonable casts incurred by Commercial in said suitor proceeding. The Mortgagors further agree that rf-the hareurbelore
<br />tlascnnetl real estate or auy part Hereof he condemned ender the power of anrnent dornarn, ar is otherwiso acquired fpr a public use, the damages
<br />awarded, the proceeds for the faking and for the cuasideratiat far such atgwsN(on to the extent of the full amount of the remaining unpaid indebted
<br />suss secured ~ this mortgage, be, and they hereby ate, ass:grred to Commercial and shall 6a paid tarthwikh to Comme_rctat to bo applied an accnunt of
<br />(t+a test maturing inslallmeats of such indebtedness.
<br />dated this _.-_ 14th ___ day ~$~~~p!~~~_ T , t5~.~. ' _
<br />~:
<br />1N THE PRESENCE O;F:~~ yyJ~~! f l' _~_~.=s:• ,-. - -,- _...~~.c~e - ~- ~ ~:. __..
<br />r S+"-~ r I,cnnre ,T, irLneik
<br />~1~~,...._~.._.____._..___.~ ---- Christine K. Vincik
<br />STATE OF NE9RASKA
<br />COUNTY DF HALL ss. ____.~.._~...,..____._...-.__._..-_ -_-__-.-----..____--.._----_--__
<br />Dn this ._.....~~rth____-._. day of ._~~Pts~er___._____ , 14 ~~ ,before rne, a notary public in and for card County, personalty came
<br />the abcye-named
<br />Lonnie .;. Vincik and Christine K. Vincik,hustzand and u.iEe
<br />to inn ~woll known to be the identical person or persons whale name is or names are affixed to the above mortgage as grantor ar grantors and they, he
<br />~r^lhe~strument and the execution thereat, to 6e their vc':tmtary act and deod-
<br />~(It®Irt~T-RrtvMMRr ~ ,- r'r
<br />p~~ ay and year last a~ve written >~~' ~~ ~~ /~ ~
<br />.,p,~ /, .- ~~ Nahry PuGlic
<br />My commission expires an the ._.._.__~~___ __~... day of ~++~~S.a~'_~_______ _ . 14cJ _J. M 5(?
<br />
|