|
.~~~~~:.# E~IE'~A tN~~t?k:E3I.~~F M~RTCxAG~ ~~lr,.>,_~,.
<br />ASS1t~hYME't~1F t~F ldEf~TS Lnan Nw. ___~__:__...._ _
<br />r f ~.._
<br />KNO'N WLL MfN &iY THESE PRESENT'S, That a`~uYr=+ •,. :.;.~a~~r .r7,axE;;t „:na :::.,::,. L`r ~t., is1C, ~.u~a,ly~arud and ~.
<br />(bereinafter called the Mortgagpr"s) in cprlsid~ratian pf the sum pf
<br />t'i~e`•: rr•re t:;cusanci fins hundred dclla_~^s and nc%1G~0---------------Dollars("S'::"55,Sv±i.G~O'`~'~`)
<br />loaned to fdortgagors, do hereby grant. bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSCCIATtON of Omaha,
<br />Nebraska, (hereinafter called "Commercial"), its successors and assigns. the following described real estate, situated it the County pf,
<br />State of Nebraska, to-wit:
<br />Lot :helve (l.2), Sc::eelTS Subdivision, being a tract of land carUrising a Fart oz" the
<br />Southeast Quarter of tt:e Southwest Quarter fSEi/kSW 1;u) of Sectior. Thirty-Two(.32 ),
<br />Township i:leven (i1) north, Range i;ine (°) WEst of the 6th P,M., Ftall County, i+ebras;<a.
<br />TO NAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial, its successors and assgns, that h9ortgagors are !awfully seized of said premises, that
<br />they are free from encumbrances, and ttiat they will forever warrant and defend the title to said premises against the lawful claims et aH persons
<br />whomsoever.
<br />Provided, nevertheless, These presents are upon the following canditions:
<br />?hat whereas the said Mortgagors as members of Cammercial 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 note and have agreed to abide by the ,erns of said note and Charter and By•Laws of
<br />Commercial.
<br />That v:hereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, 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 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 rote and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but in no evwit shall
<br />said note oxceed the maxunum 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 ir. accordance with covenant; contained in the mortgage.
<br />Now, it the said Mortgagors shall pay er cause to t;e paid the said sums of money whey. 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 sl:auld be made:
<br />ra? In any of the payrr.enis due on said note, and any other note for additional advances made, as therein agreed to be made for three months, or
<br />!b) In keeping the improvements on said premises insured against loss by reason of tire, 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 compaNes acceptable to Com-
<br />mesa!. 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 />tc? to the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or
<br />~tl) tf there is any change m the ownership of the real estate mortgaged herein, by sate, wither outright or by !and contract, or by assignment of -
<br />anyinterest thereon or otherwise:
<br />then, in anv of the above set-forth events. the who+e indebtedness hereby secured shall, at the option of Commercial, immediately become du° and
<br />payable without further notice, and the amount due under said note and any other note tar additional advances made shalt, from the date of the 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 du€ on said note, and
<br />any other note for additional aevances. together with all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />wrth interest therein from Lhe date of payment at the maximum legal rate.
<br />PROVIDED that in no event, either before or after default. shall the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances made exceed the maz~mum lawful interest rate.
<br />PROVIDED; further, that in the event that default occurs in the making of the payments due on said note, and on any other ante for additional
<br />advances, as thereur agreed to he made, or in keeping the premises insured, as above provided. or if default be made in the payment of the taxes _
<br />o. assessments levied upon the premiss above described or upon this mortgage, before they are by law delinquent, Commereial s`al! fro enfiNed
<br />to the immediate passession of th€ premises alxrvo-d€scribed, together with all rants, price€ds and issues arcing out ct the r:.€mis€s, and may
<br />in its discretia; use the rents sn far as it deems necessary for the purpose of making repairs:rpan the premises and to the papmentaf insurance
<br />premiums; taxes and as;ess,ner.ts upon. such premises, and for necessary expenses incurred in ;enbng card premises and cotiecting rent therefrom: and
<br />to a^ufy same a,r s"d note and a v n€t€s €vid€ncing future advances h€r€under until th€ ind€6tedness secured is fytty patd; and far such parpases,
<br />the unders~gn?d does hereby sell,~assign, set over and transfer unto Commercial all of said rents, proce€ds apQ incomes includ~ngany land_caftract
<br />payments due mortgage owners s; any other incomes of any Type whatsoever from said property to tie applied an the notes above-Sescrii~d; but said
<br />Commercial shalLn no case he liable for the failure to procure tenants, to collect rents, €c to prosecute actions to recover possession of said premises.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, (heir attorney in fact, giving said attorney power irre+rocably, either on its own
<br />name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise, to cause said p+emises to be vacated. to collect rentals
<br />or other incomes due, and when vacant, to relet the same, to make all reasonable repairs and pay taxes out of said rents, profits, contrac4 payments or
<br />incomes and to do all such things either by 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 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 lull power of~substitution.
<br />The Mortgagors hereby agree that ;f;Gourl~rc[al dither voluntarily or involuntarily becomes or i mach a party tp any cwt or pro,;eeding relating
<br />to the hereinhefore described real estate, or to this mortgage or said note or notes, other than a foreclosure msbtuted by Commercial, Mortgagors wilt
<br />rermbruse Commercial for ail reasonable costs incurred by Commercial in said suitor proceeding. The Mortgagors further agree that ~t the herembefore
<br />''I[i desxnb€d roil estate or any part thereof tie cpndemned under the power pf eminenr. domain, or a otherwise acquired ter a public use. the da~r,ages
<br />"' awarded, the proc€€ds for toe taking, and far the consid€ration for such acquiibon to the extent of the full amounk of the remaining unpaid indebted-
<br />ness secured by this martgage, t~, and they hereby are, assigned to Commercial and shall be paid forthwith to Cca,meraal to tr€ applied on account of
<br />the last matunng installments of such indebtedness.
<br />' Dateddiis. _^7t1:__-_._.-.. dayot-_S.aPternber __, t9. 70 .
<br />~ ?
<br />_ g ~-''~__ ~ ~ ~ _ ... 4
<br />~ IN THE PRESENCE OE:3i ~I~ -- _~.- _-. _ r ~... _~_~--
<br />_'~~~~ -- ~Tohn R Lindr~t{is
<br />~ ,•^
<br />1~~,~"¢ -----
<br />_ -- - /~~~' Ann M, Lindquist
<br />STATE QE NEBRASKA
<br />ss.
<br />COUNTY Of FiAL.
<br />27th September 79
<br />On this __-____ __________.._ day of ____ _ _.~_~__, _ , 19 __- ,before me, a notary public in and for said County, personally came
<br />the above-named
<br />John i?. iindquist and Ann I~. Lindquist, husband and wife.
<br />tical person or p€rsons whose name is or names are affixed to the above mortgage as grantor or grantors and they, he
<br />she se~l~i A~1~ s r instrument and the execution thereof, to be their voluntary act and deed.
<br />~~~Ai. PiOTl~`/ ~
<br />ri~Fial t s day and year last above written. ~,~ /~
<br />~,.uJ% ~_, Notary Public
<br />My commission expires on the ,Zl//!! day of _ ~1JST 199L. M-5th
<br />
|