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" ~.~ ~ ~ ~ ~"~ ~' ~" ~, i Jk~IIGIh4i+tElhrtT t7t^ RE#d"Ti ~i L~ , ~t~ -- KNDt~dAn. i.MEfIBYTt#ESEPiRESEitiiS:'flaat -'aul 'llyd'. rer.;,i~,F a ~a ~',-cit,~~:s,:, ,~ ,.r^~;, c.~I:;:~+.~.: s.rt -~ri_e.. dluene~idaiftex seal=ed' tbe~ ~~ortgagdr~~s)i in cdrn~i~derauen~ ~o~ tithe s~~urcrr f]~f 96~us tt.c~rra r;~ ~ .i ~ ~ ' ~ai r~ sf -as r1 ~ ~ + II~'t ~~ ~ o,i~f.~~r azLd la ~ iY ~f G9 ~-- ~ ---~,ituRtar~ fi~ '1£ r 3 IJi . G.I~iG~ ;.y, t loaned' to hforigagors oo hereby grQnt bargarn sell any"convey unto COM~ERGtA~. ~rJERAC SAVINGS ANi? LOAN ASSOCtdfiiUN' of'rJmahz. Nebraska, ;he,emzfter called " minercraf"). !ts successors and assr5ns, the fo'low:ng des~r;bed real estate, s.#ua~2d ;n the Cdunty of, State of Nebraska, to-wit. ---la's Sir. !c} and Seven (7j > P%locic Two (2`1 1- Clarkscnrs :_rst Aduitien ~., .'-.Ida, 73ebrasra.--- TO HAVE ANG TO HDLG THE SAME. with the appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever Said f"orfgagors hereby covenant with said Commercial, its successors and assigns. that Mortgagors are tawfuHy seized df said premises, that they are free front encumbrances, and that they will fdrever wa«ant and defend the title td said premises against the lawful claims df all persons whomsoever Provided, nevertheless, these presents are upon the following conditions; .- That whereas the said Mortgagors as members of Commercial have this gate executed a note evidencing such loan and agreeing to repay said 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 By-Laws of Commercial. That whereas this mortgage shall secure any additional advances. with interest, which may. at the option of Commercial, be made by Com- ,:,=rcial to the undersigned Mortgagors or their successors in title for any purpos°-. at any time before the release and canceitation of this mortgage, but PROVIDED, HOWEVER, at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time do said original note and any additional advances made, exceed an amount equal to 11G percent of the amount of the original note, but in no event shall said note exceeu the maximum amount permitted by taw. and PROVIOE0. HOWEVER, that nothing herein contained shall be considered as limiting the amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage. Now, if the 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 additional advances made until said debt is fully paid with interest, then these presents shall be veil; otherwise, to be and remain m full force and effect: but :f default should be made: rat In any of the payments due on said note, and any other note for additional advances made, as therein agreed to be made for three months, or !bi to keeping the improvements on said premises insured against loss by reason of fire, lightning, and tithe: hazards included in exte?~ded coverage insurance in an amount not less than the unpaid 6aiance of said mortgage loan, in a company or companies acceptable to Com- mercial, the original o', such policy or policies to 6e held by Commercial, and with a mortgage clause attached to said policy or policies, in favor of Commercial: or rcr in the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or tdj If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract, or by assignment of any interest thereon or otherwise; then, !n any of the above set-forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately became due and payable wrthout further notice; and the amount due under said note and any other note far additidn~l advances made shall; from the date of the exercise of said option, bear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed io satisfy the amount due on said note, and any other note for additional advances, together with ail sums paid by Commercial for insurance. taxes, assessments and abstract extension charges, with interest thereon from the date of payment at the maximum loge! rate. 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- ditional advances made exceed the maximum lawful interest rate. PROVIDED, further, that in the event That default occurs in the making df the payments due do said note, and drr any tither rcte for additidr;al advances. as therein agreed to be made, or in keeping the premises insured. as above prrvided, dr if default lr¢ made in the payment df the taxes or assessments levied upon the premises above described or upon this mortgage, before they are by law delinquent, Gommercia! shall ~ entitled to the immediate possession of the premises above-described, together with atI rents, proceeds and issues arising out df the pre!nises, and may in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon the premises and for the payment of insurance premiums, taxes and assessments upon such premises, and fdr necessary expenses incurred in renting said premises and edtie°.ting rent therefrom, and to apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; and ter such purposes, the undesigoed tides hereby sell, assign, set aver and hansfer unto Ccm:mercial atf of said rents. proceeds and inedmes tncldding any Iarw contract payments due mortgage owners or any other incomes of any type whatsoever from said properky to ~ applied on the notes a~ve-d¢SErit~dr txrt said-- Commercial shall in no case be liable for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of card premises. The Mortgagors further appoint Commercial of Omaha, Nebraska, thou attorney in fact, giving said attorney power i« evocably, either on its own name or Mortgagors' names to take air necessary steps for proceedings in court dr otherwise, to cause said premises to be vacated, to coNect rentals or other incomes due, and when vacant, to relet the same, to make all reasonable repairs and pay taxes out of said rents, profits, conhact payments or triremes and to dd all such things either by its own officers or by other parties duly authorized and appointed by it, as its agent for sai6 purpose, and 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 attorney may seem best, with full power of substitution. The Mortgagors hereby agree that if Commercial either voluntarily or ;nvoluntarily becomes or is made a party td any suitor proceeding relating to the hereinbetore described real estate, or to this mortgage or said note or notes. other than a foreclosure instituted by Commercial, Mortgagors wilt reimburse Commercial for all reasonable costs incurred by Commercial m said suitor proceeding. The Mortgagors further agree that if the hereinbefore described real estate or any part thereof be condemned under the power of eminent domain, or is otherwise acquired for a public use, the damages awa,ded, the proceeds for the taking. and for the consideraticn for such acquisition to the extent of the full amount of the remaining unpaid indebted- ness secured fry this mortgage, be, and they hereby are, assigned to Commercial and shall'ba paid forthwith to Commercial to be appt;ed do account of the fast maturing installments of such indebtedness. Dated this. 3rd day of October , 19 79 ~~-i ,! ~ r INTH~PRESENCEOF~~. ~ 1'~,{,~~'; ~ ~ _-tf' %`4_~ %f` T STATE OF NEBRASKA COUNTY OF Hall ss. Paul r~. Arndt Cynthia Arrtdt On this .3rd ..tiny of .October _ 19 ?O_ ,before roe, a notary public in and for said County, personally came the above-named Paul W. Arndt and Cynthia Arndt, husband and wife. to me well known to be the identical person or persons whose name is or names are affixed to Fhe above mortgage as grantor or grantors and they, he or she, severally acknowledge the said instrument and the execution thereof, to be their voluntary ac: and deed- ~,> GENEkAE nOTARY • State of NeN. .r"4C0 °3. 1A+Eu8ERG jl - ~„~ ]~j~ ~.!L~~N~~'^"~ WITNESS my hand and Notarial Seal this day areiFy~a€._la~~~9ift•'niyH>t~rt~r. r~ try (~Iry.~i+~ 'i/ --G_ '~ Notary Public MY cemmissidn expires on the ~ 7 day of ~ay5~ , i9~~ fR SG