|
7y---=~i~~,~,~k.~~ ~~P~i DABLE ~4~J[C~RT+G ~.GB s~~"~~a.
<br />A55I~NMENT OF REMTS Loam hka. -____._-.._-__.._._..__.
<br />KNOW ALL MEN t3+ THESE PRESENTS' 7hpt Earl'. v . 3",arcdy ar:d Li.nd,a ;. ]:i~rard^+, ,, h~xs:t>:a:?d and w°~;?~ _
<br />S_xet~' Cev~-^ ttaa;zsar,ri tyre l uxtd'red c cillars andffre~a+"YJ~ i,alled kheYMortgagors) rn rorrsideraYirrpn, df the <u,~r of
<br />--8oflars(5~ L,,2GO.J~N:`:ac)
<br />loaned tc Murtgagcrs, do hereby grant, bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS-AND LOAN ASSOCIATION of Omaha,
<br />Nebraska, (hereinafter called "Commercial"), its successors and assigns. the following described real estate, situated in 'he County df,
<br />State of Nebraska, to-wit:
<br />---A?1 ._*" Lot Three f3) and the P:crtherly Fifteen and Fifty-two Fiundredths(15.52)
<br />feet of Lat tour (4) 'v;olfe's Suiadirision, in the city or Grand Island, ball County, tJebraska.--
<br />TO HAVE ANU TO HOLD THE SAME. with the appurtenances thereunto belonging, unto Gommercial, its successors and assigns, forever.
<br />Said °dortgagers hereby covenant with said Commercial, its successors and assigns, that Mortgagors are lawfully seized of said premises, that
<br />they are tree from encumbrances, and that they will 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 following conditions;
<br />That whereas the saiC Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said
<br />sum of money, with interest, rr payments as set forth in said note and have agreed to abide by the terms of said note and Charter and try-Laws of
<br />Comr:erciai.
<br />Thal whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, be made 6y Com-
<br />merci~! io the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cancellation of This mortgage,
<br />but PROVIDED. HOWEVER, at 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 110 percent of the amount of the original note, but in ne event shaft
<br />said note exceed the 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, it the said Mortgagors shat! pay c: cause to be ;aid 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 wish interest, then these presents shall be void; otherNise, to be and remain in full force and
<br />effect but if default sb-a!d be made:
<br />!a i In any of the payments due on said note. and any other note for additional advances made, as bherein agreed to be made for three months, or
<br />(b) in keeping the improvements on said premises insured against toss by reason of fire, lightning, and ether 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 io Com-
<br />menial, the original of such policy or policies to be held by Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial: or
<br />' (e) In the payment of taxes and assessments levied 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 th/ land contract, or by assignment of
<br />any interest thereon ar otherwise;
<br />' then, in any of the above set-forth events, the whole indebtedness hereby secured shall, at the option of Cemmerciai immediately become due and
<br />a able without further notice and the amount due under said n to rid nv of er to f r i
<br />o a a h no o add honal advances made shall from the d e l
<br />p Y at o the exercise
<br />of said option, bear in?crest 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 for additional advances, together with aIi 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 [hat m no event, either before or after default, shat) the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances made exceed the maximum lawful interest rate.
<br />PROVIC"t D, furmer, that in trio event that default occurs in the making of me payments due ar said note, and on any other note for additional
<br />advances a , „ ~x~eEu :c ~e °-.. t - :n keeping the pr~nises insure,;. as above provides, ar if default be made in the payment of the thxes
<br />or assessrrionfs iev~ed upon the n.erises above described or upon this ,mortgage, oefere they are by law delinquent, Commercial shalt ce entitled
<br />to the imrietliate possessron cf the premaes above described: together with all rents; proceeds and issues arising out of the premises, and may
<br />in ifs dis re'i„n use Ehe rents "ar as it deems necessary for the ~;p~.se of ::,eking repairs :,pen the premises and for the payment of inwrance
<br />premE,~ms. ra es and assessm°?rs .;:v,~ s:xh nrorrises acrd for necessary expenses n ur.ed r: grti:rg said premises and cdttecting rent therefrc:-::, and
<br />to apply same on said note aria env r~etes ewat~ncmg future adrances-hereunder until Inc indebtedness secured is fully paid; and for such purprses,
<br />- the undoes°g:~eu ,oes ::e etT set . <--- :: >_t ;,v"_r and transfer unto Commereiat ail sf said rants, proceeds and inctxnes including any land contra€t
<br />--- _ - ' -' _ payments :lire mortgage owners sr a",y ethr?r rnc~urnes nt any type whatsaewr fivct, card property fio i~ applied on trio rrotes above-descrit~ed; txitSart~
<br />Commercia. shall in no case be liable far the failure to procure tenants, to ioliect rents, or to prosecute achens to recover possession of said premises.
<br />Tne Mortgagors further appoint Commercial of pmaha, Nebraska. them attorney in fact, giving said attorney power irrevocably, either on its own
<br />name or Mortgagors' names to take all necessary steps far proceedings in court or otherwise. to cause said premises to t>e vacated, to collect rentals
<br />or other incomes due, and when vacant, to relet the same, to make all reasonable repairs and pay taxes cut of said rents, profits, contract payments or
<br />incomes and to do ail such things either 6y its own officers or by other parties duly authorized and appointed by it. as its agent for said purpose, and
<br />to charge or pay a reasonable fee ter such services, all of the above to be done at such times and m such manner and on such terms as to their said
<br />attorne-y may seem best, with full power rt substitution.
<br />The Mortgagors hereby agree that if Commercial either voluntarily or involuntarily t>zcomes or is made a party to any suit or proceeding relating
<br />to the here~nbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure msbtuted by Gommercial, Mortgagors wit!
<br />reimtxrrse Commercial for all roasonable costs incurred by Commercia! in said suitor prrceeding. The Mortgagors furtner agree that if the hera~nnefore
<br />described real estate or any part thereof be condemned under the power of eminent domain. or is otherwise acgwred for a public use, the dacages
<br />awarded, the praeeds for the taking, and for the consideration for such acgmsition to the extent of the full amount of the remainurg unpaid indebted-
<br />- ° ness secured try this mortgage, 6e, and they hereby are, assigned to Gommercial and shalt be paid forthweth to Commercial to be applied air account of
<br />the last maturing installments of such indebtedness.
<br />Dathd tl;is ___~~'?=d _-_.___day of __._Se~temher , 19 _~g . " "~~
<br />_ IN THE P° SFNCE OF:
<br />- - ------f-~-
<br />STATE OF NEBRASKA
<br />COUNTY OF Hall
<br />on mis -- ?z$d
<br />the above-named
<br />ss.
<br />~~ ` ~.
<br />~ Ear%.y. ardy,, ~~
<br />Linda R. lie u
<br />day of ___. SeEfamber ~ 197_ ,before me, a notary public in and for said County, personally tame
<br />Earl .I. hardy and Linda R. Hardy, hns~and and wife
<br />to me well known to be the ideniicai person or persons whose name is or names are affixed to the above mortgage as grantor er grantors and Mey, he
<br />or she, s ver~ Liv ck P ere ~ e t and the execution thereof, to 6e their voluntary act and deed.
<br />IINtJf1 R~~~lne ~
<br />W17NESS dwk"~t~~t r fast above written. ~~d~/~~~~~~~~
<br />~~s/ Nafary Public
<br />My commission expires on the. Z6~ _. day of _1,~~ ___, 193.. M-50
<br />
|