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79~r'~-~~~:~~~ EXPAlOiI~ABLE MORTGAGE sort~u-~
<br />ASSIGNMENT OF RANTS Loan No. _ _.__._.__
<br />KN4Y. ALL MEN By THESE PRESENTS: That ~-rohr. C. Sisters and Cher~~lrw F?, iievr~.rs t"rusband ancZ viif~
<br />Forty T'h~aus~axu~r~l do:l7iars and Not'].00--~--_________(.hereinafter called the Morig~agars) in consideration of the sum of
<br />Ddflars (5=r::,qO "'i00.00'a~'~%)
<br />loaned to Wlortgagars, do hereby grant, bargain, sell and convey unto COMMfRCIAL 'FEDERAL SAVINGS AND LOAN ASSOCIA~rJN of Omaha,
<br />Nebraska. (hereinafter called "Commercial"j, its successors and assigns, the following described real estate, situated in the County of,
<br />State of Nebraska, to-wit:
<br />---:.ot shirty-Eight (38) R G B Subdivision, Hall County, iebraska.---
<br />TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Cammerciat. Its successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial. its successcrs and assigns- that 47crtgagors are lawfully seized of said premises, that
<br />they are free from encumbrances, and that they wit! forever warrant and defElid the title to said premises against khe lawful claims of at! persons
<br />whomsoever.
<br />, Provided, nevertheless, these presents are upon the foliowing condrtlons:
<br />Thai whereas the said Mortgagors as members of Commercrl have th!s date executed a note ewdencing such loan and agreeing to repay said
<br />sum of money, with interest. in payments as set forth in Bald 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 atldationa! advances. with interest, which :nay. at the option of Commercial, be made by Com-
<br />mercial to the undersigned Mortgagors or their successors m title for any purpose. at any time before the release and cancellation of this mortgage,
<br />but PPOVIDED. HOWEVEP,, at no time shalt the aggregate pnnclpal amount secured by this mortgage, being the amount due at any tune un said
<br />H original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the onginal note, but in no event shall
<br />said note exceed the maximum amount permitted try taw. anG PROViOED, HOWEVER, that nothing herein cantauietl shalt be considered as limiting
<br />the amount that shall be secured hereby when advanced to protect Ne security or in accordance with covenants contained in the mortgage.
<br />Now, !f the said P,4artgagors shall pay or cause to be pall the sa,d sums at money when dire, as set forth in said note, and any other note for
<br />additional advances made until said debt is fully paid with interest. the:? these presents shall M void; otherwise, to be and remain in full force and
<br />effeck but if default should be made:
<br />Ia) in any ut the payments due an said note, and any other note fa additional advances made, as therein agreed to fa made far three months, or
<br />rhl In 4eeping t!?a imp(nyemeratc nn Sa!d pren!ic_ec ins!ued 2gainSt IgSS by reaSdR of tire, Irghtning, and_other hazards in~llyded rn extet!de~t
<br />coverage insurance in an ammmt not less ffian the ur+paitl balance of said mortgage loan, in a company or companies aceeptable to Com-
<br />mercial, the original of such policy or policies to be held try Commercial, and with a mortgage clause attached to said policy or policies.
<br />in favor of Commercial; or
<br />;c? in the payment of taxes and assessments leveed upon said premises, or on this mortgage, before they are delirpuent; dr
<br />Idl If Here is any change !n the ownership of the real estate mortgaged harem, by sale, either outnght dr by land con±tact, or try assignment of
<br />any interest thereon ar otherwlse;
<br />then, in any of the above set-forth events, the whole indebtedness hereby secured shall, at the opUOn of Gammercial, immediately become due and
<br />payable without further native, and the amount due under saiG note and any outer note far additional advances made shalt, from the date of die exercise
<br />of said option, beat interest at the maximum legal rate per annum, and this mortgage may then be tcrec!osod to sahsiy the amount due on said note, and
<br />any other note for addrtionai advances, together with aN sums pard by Commercial for Insurance, taxes, assess,;,ents and abstract extension 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 due under said note and th!s mortgage and any nMer note for ad-
<br />datianai advances made exceed the mazrmum !awful interest rate-
<br />. PROVIDED, forth€r, that in the evei?t that default dceirs In the making of the payments due mt sa+d rrorR, and on ar?y aL9er ssata fpr iti~±at
<br />advances. as therein agreed to be made. or in keeping the preenises insured, as above provided, or if default be made in the payment of the taxes
<br />or assessments leveed upor, the premises above described or upon taus mortgage, before Hey are by !aM delinquent. Gaia~ierciat shalt be entitled
<br />to the immediate possession of the premises above-cescritxtf, id~ther with all roots, proceeds and Issues ar+sing ottt a# d+e premises, aria tzay
<br />- I t. r~ ~: t _ -r t- . fs Sc .: aS .t ue2mS nes;cs~ir -- „G loft?rV$2 of making :ej f -'pun fh? pre: ~iac'S ar fur ii 2 ~ --. - Qi inzuiane
<br />preii:e:i"+5 i'nxcS and aS5eS5 ~:eietS uc-~n: Such pr@.,,i,es. and fvF ;~.e35a° expe'S5e5 ;'l$direc'. an rentn:g solo 4 e~-?iSeS ai`id s>.tt~aiig mil ttiaratfi~:, i}fiu
<br />t^ apply sane :n. said note and a :ores eairtcncing future advances hereunder urati± the indebtedress secuied .s tut'•y paid; ~~ Yr s&eh r`kttptsr's.
<br />dtc i. erSi~ -~ t - -. - - . - .. ai -~ _ .. r .al a - c td °'F `ut=` a j±.iu erz -r::v'_~g r.f ~~ ?aa-€?
<br />:eu ~a ,e r xt ur-t mot u mete -Ue _- - 3n - .mss
<br />eavner?ts due ?^itgaee owners rr ~^r ?ther ?ncornes of a?y tvpe wha_ts_.ever from said erpngkty tp he ~! Aq e~ the at?5 at~ve-dsscri: h!t ~+•?
<br />GammeiQlai Shaii ill n0 case tC irabie tai the failure to ptoCyi@ tenants, to cdllei~t fen t3, ar tL~ pfos@ev to attraflS tP recaYei pass@551on of Sold premrSeS.
<br />The Mortgagors further app<a!nt Commercial of Gmaha. Nebraska. their attorney iii fapt, giving said attamey ~,ver Irrevacabty, ether an its awn
<br />name or Mortgagors' names to take a!'. necessary steps for proceedings m court or otherwlse, to cause said premises to tin vacated. !d collect rentals
<br />er other incomes due, and when vacant, b relet the same, to make all reasonable repairs and pay taxes dot of sold rents, prghts, cu+hact paymEnfs or
<br />incomes and to do all such things either by Its awn officers or by other pathos duty authorized and appointed 6y it as its agent for sand purpose, and
<br />to chulge ur pay a reasonable lea For such services, alt of the above Co be done at such times and in such manner and an such forms as td tfieir said
<br />attorney may seem best. with f[III twwer i~t substikuhon.
<br />Tile Mortgagors hereby agree Ghat if Commereiat either voluntan!y er invotuntari#y t~eCOmes or rs made a terry to any suit er ~•~eedrng:etattng
<br />to the herdinbetore descntaed real estate or to this mortgage or said note or holes, other than a foreclosure inshtufed hY Gom!nerpa!, ttoitga~ors wilt
<br />reimburse Cxlmerc!a( tot all reas~iable costs incun~ bk G~mercrat in said ~iit or proceeding The Martgago_is furthei agree that if the heterul>QfQr?
<br />descntxad real estate or any part tnereot be condemned under the power et eminent damaln, or as otherwlse acquired for a public use, me damages
<br />awarded, the proceeds for the tah~ng, and far the cansiderabon for such aequis!han to the extent of rho full amount aF the remaining unpaid Indebfed-
<br />ness s;eurdd try Phis mortgage. ba, and u,ey f>€rgby are, assi~i!~1 tc Gommerelal and shall ~ paid torthwrtl: to CaTrnerciat to tan applied an acogrint of
<br />the List maNiing installments of Such indebtedness.
<br />Dated this .__....__19.1.1:. -...-__ day of -_Sgg~osr~e~.__..~_. , t9 -2~5_..
<br />/n~ ~ ~
<br />IN THE PRESENG mF,!1 /,_:. _ -~ ~' tr ~ t~t 'a -
<br />_.. ~__.. -.-j_._._r_ - ~ -
<br />i F` _ : ~.
<br />---~_ ~- ~^ ~ ` ~ ~ a
<br />TATS OF NEBRASKA ~-~~~~ Cherie R. Sievers
<br />COUNTY OhTi~`1LL ss. ~ _ _- -
<br />On this __,_..-,...?$th ___. day of __ September 79
<br />the above-named ------- ~ 19 -~_.. , before me, a notary public in and for said County, personally came
<br />John C. Sievers and Cheryle R. Sievers
<br />to me well known to be the identical person or persons whose name is pr names are affixed to the above mortgage as grantor nr grantors and tlaey, he
<br />or she, severally acknowledge the said instrument and the execution thereof, to tie Lheir vatuntary act an eed. ?
<br />.,
<br />~~eaai; t . f~ l!,
<br />WIT Sa rny.~~yEf~prR,ihi day and year last "allays written. ~ ~ i
<br />NFI~•~~rF~tg1 ~d ~'~ ~.L
<br />~-~ Notary Public
<br />My commission expires nn the.____ J~% day of ~;~~.~~7`_._... 1J ~_- M 5c
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