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A4S6IM~~ILtd'T t3F R'EhtT5 Loan Nc ____="~=___-- <br />KNOiW ALL MEN 8Y THESEPRESENTS: That Oa~a n it°r~ any: ~': r, 1;.. .~ . ~~ r,u, I! a _;=~nfi ~li~i : !,•~3.fe, <br />(hene!nafter called the Mor'tgzgors} m con~.derahan o1' +he sum of <br />Th.^t~• ~ _^cusar.d ac>licars =sP f1 };.~,,.0-___________ __....,__,___,.,__..__Dollar~lki'r3r- ~~i ~`" '3 <br />loaned to Mortgagors, do hereb• grant, bargain, soil and convey unto COEiN1EkCtAL fEDEkAL SAVINGS AND LOAN ASSOC1A7tON of Omaha, <br />Nebraska, (hereinafter called "f~ommercial"j, its successors and assigns. the following described real estate, situated in the County of, <br />State of Nebraska, to-wit <br />i.ct= One(1), Tyro {;?) and Three{3) in ?;leer` Twe {2) c= .first Addition to the ~„~,;n of <br />Cairo, hall Counts, etiebrasica.--- <br />TO HAVE AND TO HOLD THE SAA4E, with the appurtenances thereunto belonging, unto Commercial. its successors and assigns, forever. <br />Said Mortgagors hereby covenant with said Commercial, its succossors and assigns. that fdartgagors are lawfully set?ed 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 ciarms of ail persons <br />whomsoever. <br />Provided, neva~iheiess, these presents are upon the follovr!ng ccnditians: <br />That whereas the said 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, in payments as set forth in said note and have agreed to abide by the terms of said note and Cnarter and By-Laws of <br />Commercial. <br />That whereas this mortgage shall secure any additional advances. wrth interest, which may, at the option of Commercial, be made by Com- <br />mercial to the unders!gn.ed Mortgagors or their successors in title for any purpose, at any time before the release end 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 lid percent of the amount of the original note, but in no event shall <br />said note exceed the maximum amount permitted by law, and PROVIDED. HOtyEVER, that nothing herein contained shaft be considered as limiting <br />the amount that shall be secured hereby when advanced to protect the security or in accoNance with covenants contained in the mortgage. <br />Naw, if bhe said Mortgagors shall pay or cause to be 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; otherwise, to 6e and remain in full force and <br />effect: but if default should he made: <br />rat In any of the payments due on said ndie. and any other note for adtlit!onal advances made, as therein agreed to be made for three months, or <br />~b'. !n keoN,ng Ghe !mprcvements cn said premises insured against loss by reason of fire, lightning, and ether hazards included fir, extended <br />coverage insurance m an amount not less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Cam- <br />meraal, the original of such policy or policies to be held try Comrercial, and with a mortgage clause attached to said policy or policies, <br />!n favor of Commercial: ar <br />ci In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent or <br />~dt If here is any change in the ownership of the [eat estate mortgaged herein, by sale; either outright or by land contract, or aY assignment of <br />any interest thereon or otherwise; - <br />then, ~n zny of the above set-forth events, the whole indebtedness hereby secured shall, at the option cf 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 shaft 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 due on said note, and <br />any other pate for add!hanal advances, together with all sums paid by Commercial for insurance. taxes, assessments and abstract extension charges, <br />with interest thereon f-om the date of payment at the maximum legal rate. <br />PROVIDED that !n no event, either before or after default shall the interest due under said note and This mortgage and any other poke ter ad- <br />ditional advances made exceed the mazunum lawful interest rate. <br />PROVIDED, `srthrr, that !n tho eve..^.t that default occurs in •he making of the payments due on said note, and on any other note for additional <br />advances, as therein agreed to he made, a[ in keening the premises insured, as above provided, or if default be made in the payment of the axes <br />or assessinen(s Iev!ed upon the premises above described or upon this mortgage, before they are try taw delinquent, Commeraal shall t>e entitled <br />tr, fire rmmud!ate possession cf the premises above described. togsther with all rents, proceeds and issues arising out of the prey,:ses, and may <br />in its discrebon se ule ants so far as it deems necessary fur the purpose of making repairs upon the premises and for the paymeht of insu[ance <br />premiarns, taxes and assess.:,ents urwn such premises; and `Id[ necessary expenses incurred rn renting said premises and coitpcting rent therefrpm: and <br />to apply same rn+ said note and any notos ev+dencing future advances hereunder unhl the indebtedness secured !s fuiY paid; and for such purposes, <br />the er gr-~ _, 7 --~ c- ~, ,rt vr~ amd rr~-- ' -. ~_ -.... _ ail ., <br />,d ar_ -~ ~ -- °- - vE Fr -- ~i of sa,d ~u!,is. pe~eeds a^c incorr+gs in.iuding aEty land eontratt <br />pavr.,enis due merteage wne.s c ± ~t_her !ncomes c[ any type w1!atsaever from card property th qe applied on the notes a~ve-d?sc[iDed; taut said <br />Commercial shall in ne ease t>E liable for the torture to procure tenants. to collect rents, or to prosecute actions to recover possession of said premises. <br />-the Mortgagors further appoipt Commercial of Omaha, Nebraska, thou attorney ha fact, giving said attorney power urevecabty, either on its own <br />name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise, to cause said premrses to be vacated, to coRectrentats <br />or other incomes due, and when vacant, to relet the same. tp make all reasonable repaus and pay taxes out of sold rents, profits, contract payments er <br />incomes and to do all such things either by its own officers or by other parties duly authorized and appointed by at, as its agent for said purpose, and <br />to charge or pay a reasonable tee for such services, ail of the above to be done at such times and in such manner and an such terms as to thou said <br />attorney may seem best. w!th full power of subshtchon. <br />Tire Mortgagors hereby agree drat it Gommercial either voluntauiy or ~nvotuntarily becomes ar is made a party tc any smt or prnceedng relating <br />to the hereinbeforo described real estate, or td this mortgage or said note or notes, other than a foreclosuce instituted by Commercra!, Mortgagors wiU <br />[e!mtxuse Commercial for all reasonable costs mcuued py Gommercal in sold suit dr proceeding. )?re Mortgagor; further agree that !f the here:nbefere <br />described real estate or any part thereof 6e condemned under the power of erninent domain, or is otherwise acquired ter a public use. tht da,Wages <br />awarded, the proceoas for the taking, and for the consrderatiaa to such acquis!tiorr to the extent of the full amount of the remaining unpaid indebted- <br />ness secured by (tits mortgage, be, and they hereby are, assagned tp Commercial and shall tap paid farthw!th to Cammorcraf to tae applied on account at <br />the last maturing installments of such indebtedness. <br />Datedth!s._-_ i~t _.__da ot_. ~ctobes__~_, 19 V`~._. <br />' -~ <br />tN THE PRESENCE Of: ~ _-______ <br />- i _, Yale :: `•duy= -, f --- <br />--~ %~ /~ <br />STATF_ OF NEBRASKA Carla J. kiddy <br />COUNTY OF .`TALL ss. e. _______..-,__..._,.--~- <br />On this _ I't_.._..__-.-__ day of -October ~ 19 7Q before ma, a notary public in and for said County. personally came <br />the above-named <br />Dale k:. Eddy, and Carla J. Eddy, husband and wife. <br />to me weH known to be the identical person or persons whose name is or names are affixed to the above mortgage as grantor or grantors and they e <br />'° ` s.•^4w~aM rnstrument and the execution thereof, to 6e their voluntary act and deed. <br />gl~~llpih/4r•MMb/ ~// <br />~~~~~~ day and year fast atmve written. f /~ j,~~~~~/ <br />MY P ~- y ~~. ~, Notary Public <br />commission ex ties on the _ ~' da of f~foGl-5T~ 19 ~ fd 5D <br />