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~SSIGNME'NT t1F RENTS Lear: Pre. -----'--'------__-.
<br />KNOW ALL MEN BY THESE PRESENTS That °.ir:t+ D ,r~ste.r ~' i~: a i.tbE ?e ;C ez' • ,,,
<br />!t.°ent,~-!fight t'a~sr,,ts~ts~i eirs'rlt iitar:~r~~ ~~iT,<.z.. a;r,~~f~~i~~a~Ga3iedtheMartgagor,~inCan~i¢arat~,nFars~eOSG~€^of
<br />--~oltars (, < ,
<br />loaned to Mortgagors, da hereby gran!, bargain, sell 2nd convey unto C01~MEP.CIAL FEDERAL SAVINGS AND LOAN ASSOCIs,I tO~N of Omaha
<br />Nebraska, fhereiriafter caned "Commercial"}, its successors and assigns. the foftowing described real estate, situated in the County of,
<br />Stafe of Nebraska, fo-wit:
<br />(See other side)
<br />TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Cmm~;ercial, its successors and assigns. forever.
<br />Said i.?ertgagors hereby covenant w~Gh said Commeraal, ;ts successors and assigns, that hicrtgagors are lawfully seized e` said premises, that
<br />they are free from encumbrances, and that they wi II forever vrarranf zed defend the title to said premises against the lawful claims of all persons
<br />whomsoever.
<br />Prnwded. nevertheless; these presents are upon the following cnnditions:
<br />That whereas the said 6irrtgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said
<br />sum of money, with interest, in payments as set forth in said hate and have agreed tc a8!de try the terms of said note and Cnarter and BY-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, :vi±h interest which may. at the option nt Commercial, be made by Cnm-
<br />nercial to the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cancetfation of this mortgage,
<br />but PROVIDED. HOWEVER, at no t!me shall the aggregate principal amount secured by this mortgage, hung the amount due at any tiT;e en said
<br />original note and any additional advances made, exceed an amount equal to f 10 percent of the amount of fire orginal note, but in ne event shat!
<br />said nose exceed the maximum amount permitted by taw, and PROVIDED. HOWEVER. that nothing herein contained shall be considered as lim!Dng
<br />the amount that shall t+e secured hereby when advanced to protect the security or !n accordance with covenants contained in the mortgage.
<br />Now, if the said Mortgagors shall pay or cause to he paid the said sums of money when due, as set forth in said note, and any other note for
<br />additional advances rode until said debt !s fully paid with interest. then these nresents shall he void: otherwise, to be and remain in full force and
<br />effect; but if default should be made:
<br />(a} In any of the payments due on said note, and any other note far additional advances made. as therein agreed to be made for three months, or
<br />fh? !n keapi,^,g the imprcvoments cn said premises insured against ics by reason of tire, lightning, and other hazards inciud=d 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 />merc!al, the original of such policy or policies to be held 6y Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />tc) In the payment of taxes and assossments lev!ed upon said premises, or on this mortgage, before they are delinquent; or
<br />(d) If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract, er by assignment of
<br />any interest thereon or otherwise;
<br />then, in any of the above se4forth events, the whole indebtedness hereby secured shall, at the notion of Commercial, immetliatety became doe and
<br />payable without further notice, and the amount due under said note and any other note for additional advances made shalt, from the date of me 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 note. and
<br />any other note far additional advances, together with all sums paid by Commercial for insurance, taxes, assessments 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 this mortgage and any other note to av""
<br />ditional advances made exceed the maximum lawful interest rate.
<br />PROVIDED, further,"thzt ir, the evert that default occurs in the ,making of the payments dvs on said note, and un any other Hord for additional
<br />advances, as therein agreed to ho made. ar itt keepine the premises insured. as above provided, r±r if default ~ made in rho pay:,~nt of the taxis
<br />or assessments levied upon the premises above described ar upon this mortgage, before they are tnJ law delinquent. Commercial shall he entitled
<br />to the immediate possession of the premises a~ve-described. together with all refits, proceeds and issues arising nut of the premtses, and may
<br />!ts d' at ,n use His s~ `ar as a deer», nacesaa,v fn[ 0.o purpose of making repairs open rho prem!ses and 3o the p<3ymeet of s,. afrc^
<br />premin!ns 'axes and a sess ents up;_n sxh premises and fo` necessary expenses incurred in renting said pre:,;ises and eri rung 3o„t Chaser •ra
<br />to appry same an sold nets and any notes evidencing future advances hereunde• unlit the !ndsBtetlness seeu+ed !s tu! y paid; and for sucn purposes,
<br />she ..nd°cra; reed dve~ frcrciir `•'i ~e_ V Gr and r~,l --C- JnE - Tt- G'a - f ~!^ _ M ntee a - - ~~ - -rVV ~ ~!y -an4 Y~r E39 -{
<br />payments due mortgage ovrmersYor dry ether incomes of env type whatsoever fron said prece fy m re a,.,,,.ad _„ ~?. r~ ;~, „~;=g~!, s,,.,; ~„ ,„,
<br />Cammorcial shall rr. na case he Fable fur the failure to procure tenants. to collect rents, or is prosecute actions to recover possess!on of said premises.
<br />l'he Mortgagors further appoint Commercial of Omaha. Nebraska. thou attorney m fact, giving sold attorney power Irrevoeahty, ether nn its own
<br />name or Mortgagors' names to take a!I necessary steps for proceedings in court or otherwise, !o cause said prem!ses to be vacated, to collect rentals
<br />or other incomes due, and when vacant, to toter the same. to make 21i reasonable repa!rs and pay texas nut of solo rents, prnfas. contract payments nr
<br />incomes and tc tle all such things either by its own officers or by other parties duly authnnzed and appointed by It. as !!s agent for said curpose, and
<br />to charge or pay a reasonable fee fo: such services, all of the above to be done at such times ann m such manner and nn such terms as to thou safd
<br />attorney may seem Best. w!th full power of substitution.
<br />The Mortgagors hereby agree that if Commercial either valuntarrly or ntvaiuntarily becomes or ~s ^~ade a -,artq t my salt er p .~: .IiL o+aUng
<br />to the here!nBefore desarhed real estate, or to Ih!s mortgage cr sold note or notes, other than a farce-osure -net, tll led ~ Co.nmarc!a~. 5,.:gag~rs wrli
<br />reimburse Commernal for all reasonable costs incurred by Commerc!al m sold su!t or erns@edulg. ?rie':9c?ig~g,rs further agr~ Ctat st t"° her€.+.1Tfore
<br />tlescnbed teat estate ur any part thereof be condemned under 1L•e power of elmnent domain. a !s otherw!se acguueurnr a public use the n,a!a•ag+s
<br />awarded. the proceeds for the taking and for the cons!tleraGat tar such acgmsft!on to the extent o! the rut ar~:,nt r the remaunfng unpaid mde~bied-
<br />ress secured By lh!s ;ncrtgage. t~, and they hereby are, assigned to Cernmeruat and Shat; ".,e_pa:d_,fartha h ~-.mr~e+~ ,.? t, he ap,.t;vd on y; ccua; of
<br />the last maturing installments of such indebtedness,
<br />Dated this - - 26 to _.._--- day of v`epte~.,hA 19 ~ ~..
<br />~_-__ ,
<br />/' ~ L ~ f
<br />IN THE~RESENCE OF I `~ ~~ __ • _ C`{ ..f'' i~~-,--------`'~-
<br />~~
<br />nrcy .. i,'e>terli
<br />STATE OF NEBRASKA
<br />ss.
<br />COUNTY OF Hrii,i, _~~----- --------- --- .._-.
<br />On this __2fith___ day of -~torrt,Pr ____,-___ , 19 _~ ,before me, a notary public rn and for solo County, personally came
<br />the above~named Rick J. Westerlin
<br />ipQeta fi he tt~i,,e ides t~ person ar persons whose name is or names are affixed to the above mortgage as grantor er erantors and they. he
<br />or she, -~~tre std instrument and the execution thereof, to ire their voluntary act and deed.
<br />+~~sat aoraRV ~ , . _~~
<br />EST~r~rOit~eal !s day and year tas! above written. ~~ / _
<br />,,.
<br />L M1t 0eatlNlale~n Exp. Aup. 25, 1861 ~ L!f';~f _~. ~ /~ ~~~ ~,.
<br />- - ,
<br />Nal?~,~ P:r~'~~
<br />My commiss!an expires rn the ~ . ~'% _ day of _~________-- _._ . i9 __L-. M 50
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