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<br />A.SSIGNMFt^iT 4~F R~6~fT5 r~:'sc. ._'.F~
<br />KNOt~d ALL "BEN RY THESE PRESfNTS: That a>r:tan E1, iCatCfr;>o,c31 +,rr~d !~:°{;]. f. at~:rr,;uo? , tike,.,. <..;r.. r '. w.u.a`~;
<br />Thirty-Six ~trousand r„3ol.d.ars and tioJl~jC.----------__..~~`'.'r-einat~ar-taNletl t~~~P ~r~r~`gaQarsp or; Cans'w~daraP~ion of 3h~,e~ sum ~u#
<br />DclVarsfS:'::c30 '7v0.0(r'~s~)
<br />loaned to Mortgagors, do herebyy graft, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSDCIAT!ON of Omaha.
<br />Nebraska, (hereinafter called "Commercial"), its successors and assigns, the fallowing described real estate, situated in the Couriy cf,
<br />State of Nebraska, to-wit:
<br />---Lot Three (3) Tara Lei~}i SuLdivision, in the City of Grand Zslard, licit Count>,
<br />PlebrasY.a. --•-
<br />TD NAVE AND TO HOLD THE SAPlE; with the appurtenances thereunto be!ong!ug. ur.ta Commercial, its successors and assigns, forever.
<br />Said Mortgagors hereby rovenant with said Commercial, its successors and assigns. toot h9ortgagors are lawfully 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 claims of al! persons
<br />woo^soevor.
<br />Provided, nevertheless. those presents are upon the following conditions:
<br />That wnereas the said fdortgagnrs as members of Commercial have this date executed a note evdencing 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 by the terms of said note and Charter and BvLaws of
<br />Commercial.
<br />fiat whereas this mortgage sha!I secure any additional advances. with interest, which may, at the option of Commercia~, 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 tins mortgage,
<br />but PROVIDED. HOWEVER. at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any Ume on said
<br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, trot in no event snag!
<br />said note exceed (he maximum amount permitted by law, and PROVIDED, HOWEVER, that nothing herein contained shall be considered as limiting
<br />the amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage.
<br />Now, if the said h9ortgagors shall pay or cause to 6e paid the 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; etherHise, to tie and remain in tuH farce and
<br />effect; but if default should be made:
<br />(ai 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, or
<br />(bl in keeping the improvements an said premises insured against loss 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 polices to be held by C~mmercia!, and with a mortgage clause attached b said policy or policies,
<br />in favor of Commercial; or
<br />,c) In the payment of taxes and assessments levied upon said prem!s€s. ar on this mortgage, before they are delinquent; or
<br />?dl If there is any change in the ownership of the real estate mortgaged herein, by sake. 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 whole ,ndebtedness hereby secured shat L at the option pf Commercial, immediately become due and
<br />payable without further notice, and the amount due under said note and any other note for additional advances made snail, from the date of the exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then ne foreclosed to satisfy the amount due on said note, and
<br />any other note for additional advances, together with ail sums paid ny Commercial for msuranee. taxes, assessments and abstract extension charges,
<br />with mteresl thereon from the date of payment at the maximum legal rate.
<br />PROVIDED that in no event, either before or after default, snail the interest due under said note and this mortgage and any other note ter ad-
<br />ditiatal advances made exceed the maximum lawful interest rate.
<br />PR0:9DED, fursher. that in the event that default xeurs m the making of the payments due on said note, and on any other mote for additional
<br />adr:>c~s, a erein agreed te• :,e made. pr in keeping the pr~rses ~nsurod, as above provided, ar if default to made in the payment of the fazes
<br />of assessmenis~~ fev~ed upon the pran;rses abcva described ar upon this mortgage, before they are by law delinquent, Camaierciat shall be entitled
<br />to the immediate possession er the premises above-described. 9ogetner with a!! rents, proceecs and iss~~es arising out -^-f tlr? premises, ?nL• nsay
<br />!n its i cr ton cse fire rents s_ ear as it deems necessary "tar the purpose at making ~eeairs undo the premises and for Ehe payrient of insuran_e
<br />~' ~ ~Y_ ___.~._' _--:,._. s!ch p>e:T: ses, :ttl for necessary expo?Ses ia,.ar,ed in ,e,,,,,,g said premises and caiiectiug lent therefrom, and
<br />to apfny same on sa,d note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; Fnr nrcT! p!.~rpp_~s,
<br />the uncors good Ices nor€t;~ se f. assign, set over and transfer unto Cammmert~ai aft at said rents. proceeds and incomes including an_y land contract
<br />payme±tts sue menage rrwters yr any other incomes of arty type witatsvever from said properly to be applied on the notes atxzve•descr.Eed; ~:t said
<br />Commercial shall in no case be liable for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of said premises.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska. their attorney in fact, giwng said attorney power irrevocably, either on its own
<br />name or Mor±gagors' names to take all necessary steps fur proceedings in court ar otherwise, to cause said premises to be vacated, to collect rentals
<br />er other incomes due, and when vacant, to relet the same. to make all reasonable repairs and pay taxes out aE said rents, profits, contract payments or
<br />incomes and to do alt such things either by its own officers or by other parties duly authorized and appointed by it as ifs agent for said purpose, and
<br />to charge or pay a reasonable fee for such services, all of the above to be done at such times and in such manner and on such terms as to their said
<br />attorney may seem best, with full power of substitution.
<br />Tho Mortgagors hereby agree that if Commercia! either voluntarily or involuntarily hocuares or ~s made a party to any suitor procee-ding rotating
<br />to the hereinbefore described real estate, or to this mortgage or said note or noses. other than a foreclosure instituted by Commercial, h9ortgagors will
<br />reimburse Commercial (or all reasonable costs incurred by Commercial m said suitor proceeding. The Mortgagors further agree that it the hereinbefpre
<br />described real estate or any part thereof be condemned under the power of eminent domain, or is otherwise acquired for a pubic use, the tla!nages
<br />awarded, the proceeds for the taking, and for the consitleratipn for such acquisition to the extent of the full amount of the remaining unpaid indebted-
<br />ness secured by this mortgage, be, and they hereby are, assigned to Commercial and shall 6o paid farthwrth to Comrnerciai to be applied on account of
<br />the last maturing installments of such indebtedness.
<br />Dated this--2+ttri___---dayot__..~g~~Pmber _,19~_.
<br />..` iN THE PRESENCE DE: }~ °->
<br />= I L~'~'~
<br />~-
<br />-STATE OF NEBRRSKA
<br />ss
<br />.,orlon A, C chpoo
<br />Carol L. Catchpool
<br />COUNTY OF Y:ALL ~_...______-....-__._~----------
<br />On this _ 2'}tn .__-_-_-day of __~egtember ^ 19 79 ,before me, a notary public in and for said County, personally came
<br />the above-named
<br />$rian A. Catchpool and Carol L. Catchpool
<br />to me well known to be the identical person ar persons whose name is or names are affixed to ilia above mortgage as grantor or grantors and mey, he
<br />"* tip ~ sfrument and the execution thereof, to he their voluntary act and deed.
<br />~ pap~~0lAiry.IpMdt~wlr ~ fi n
<br />- ~ ay and year fast above written. l ~ ! ,// "~
<br />Ne(ary Public
<br />My commission expires on the _.-_~S day of _~~-[~'~ ___ __..___.. 19 ~~v'~_. M 50
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