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,~"~_~-~, EXI'A.~'wT'i~.A.B~~ ~~FCTGAGE ~~~ iP>~r,::a'~.i ASStGNA:ENT QF ~EAITS '-oa'' `'°.--~~'="-,'''`~-~~------ KPr`tDVr AL! MEN BY THESE PRESENTS: Thai %=2t'~i~z1. il :~aT~~ arar~ la~.ri~a-i„ r~~. ~: ,Iiuisband wind wife. ~heranaffen r sled the Maagagors) in consrder~tio~p.rar tlhe sum of +'~ ine ~:?.en ~.?"lriUL~Tet1 .' X Hunrired %1;aa.la.'w9 and n.w~~. ~~~••~.,•.•-_•-_ Dollars (S ~~~ ~;,.!k),~iv ` oaned io Mortgagors, do hereby grant, bargain, setll and convey unto COA9MERCYAL = DERAE SAVENGS AND LOAN A550C~ATf(YN Of Omaha, Nebraska, !hereinafter called "Commercial"), ifs successors and assigns, the folfowiag described real estate, situated it the County of, gall State of Nebraska, to-wit: ---Lot One fl?, Centennial Gardens, in the city of Grand Island, Hail County, Nebraska.--- TO HAVE ANO TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial. its successors and assigns, forever. Said mortgagors hereby covenant with said Commercial, its successors and assigns. that Mortgagors are lawfully seized of said premises, that they are free from ercu: ~brances, and that they will forever warrant and defend the title to said premises against the Iawfui claims of alt persons whomsoever. Provided. nevertheless. these presents are upon the following conditions: That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said surr, 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 Bylaws of Commercial. That whereas this mortgage shall secure any addibonal advances. with interest, which may, at the option of Gommercial, be made by Com- mercial to the undersigned Mortgagors or their successors in title for any purpose, at any time before the release and cancellation of this mortgage, beat PROVIDED. HOWEVER. at no time shall the aggregate prinapai amount secured by this mortgage, being the amount due at any tune on said original note and any additional advances made, exceed an amount equal to ! 10 percent of the amount of the original note, but in no event shall said note exceed Ure maximum amount permitted 6y law, and PROVIDED, HOWEVER, that nothing herein contained shall be considerod as 'uniting the amount that shall be secured hereby when advaneed to protect the security or in accordance widr covenants contained in the mortgage. New, if the said Portgagors 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 void; otherNise, to be and remain in full force and effect but if default should be made: ,a'~ 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 b; In keep~,:g the improvements an said premises insured against loss by reason of fire, !ighhring, and o*rer hazards included in extended coverage insurance in an amount not less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Com- mercial. the original of such policy or policies to be held try Commerdal, and with a mortgage clause attached to said policy or policies, in favor of Commercial: or ici In the payment of taxes and assessments levied upon said premises, ar on this mortgage, before they are delinquent; or fdi If There is any change in the ownership of the real estate mortgaged herein, by sale, either outright ar ay land contract, or by assignment of any interest thereon or otherwise; _ then, in any of the above set-forth events, the whale intlebted~ress hereby secured shall, ai the option of Commercial, immediately become due and pzyable without further notice, and the amount due under said note and any other note for additional advances made shall, h'om the date of the exercise of said option, hear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to sztisfy the amount due on said note, and any other note far additional advances, together with alt sums paid by Commercial for insurance. taxes, assessments and abstract extension charges, with interest thereon from the date of payment at the maximum legal rate. PROVIDED that in no event, either before ar 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, farther, that in the event that default xeurs in the making of the payments due on said note, and on any other note for additional advances, as therein agreed to tae made, or in keeping the premises iosu[ed, as above provided, ar if default be made In the payment of the taxes e~ assessments levied upon the premises above described or upon this mortgage, before they are by law delinquent, Commercial sr,af4 ~ entitled to the immediate possession of the premises above-described, together with all rents; proceeds and issues arising out of the premises, 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, lazes and assessments upon such premises, and for necessary expenses incurred in renting said premises and collecting rent therefrom, and to apply same or. said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; and for such purposes, the undersigned d ,.Araby soft, assi,n, set over and transfer unto Cerrtmarcia at! of said rents, proceeds and incomes including any land c~rtract payments doe mortgage owners ar any other incomes of aoy type whatsoeve tram said property to 6e applied an the notes agave-descrit~d; ~atsaid Commercial shall in no case be liable for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of said premises. The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocably, either on its own name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise, to cause said premises to be vacated, to collect rentals or other incomes due, and when vacant, to color the same, to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or incomes and to do all such things Dither 6y its own officers or by other parties duly authorized and appointed by it, as its agent for said purpose, and to charge or pay a reasonable fee for such services, all of the above to be done at such times and m such manner and on such forms as to their said attorney may seem best, with full power of substitution. The Mortgagors hereby agree that if Commercial either voluntarily ar involuntarily becomes or is made a party to any suitor proceeding relating to rho hereinbefore described real estate, or to this mortgage ar said note or notes, other than a foreclosure instituted by Commercial, Mortgagors will reimburse Commercial for all reasonable costs incurred bf' Commercial in said suitor proceeding. The Mortgagors further agree that !f the hereinbefore described real estate or any part thereof 6e condemned under the power of eminent domain, or is otherwise acgwred for a public use, the damages awarded, the proceeds foi the taking, and for the consideration for such acquisition to the extent of the full amount of the remaining unpaid indebtetl• noes secured fry this mortgage, be, and they hereby are, assigned to Cwnmercial and shall be paid forthwith to Gommarcial to be applied on account of the last maturing installments of such indebtedness. .Dated this. 15th_day of T~toY@zab@z' , Ig.2~. IN THE PRESENCE OP' _~ ~~`/,~~.t-L~-t-t~., ~', _.__._-. .;`/ ~ P~'<erlin D. Halms ~ - /- ` ~~ Darlene F, Halm ~~~ STATE OF NEBRASKA ss. COUNTY 0!• HAI,I, ~ ------- _`_.__---^ On this ___. 15th_ ____ day of _ NOV°irib2r _ _ tg 7~ , 6efofe me, a notary public in and for said County, personally came the above-named N~erlin D, Halm and Darlene F. Halm: husband and wife. to me wet l known to 6e the identical person or persons whose name is or names are affixed to the above modgi.e as grantor ar grantors and they, he rd instrumont and Ure execution thereof, to be their voluntary act and deed. ' '~~ .i this day and year last atreva written. , `, _. __ __ - ,,~ Notary Public - ,. My commission expires on the._-_. ~ ~' ~~~ ._ day of _~r~ rt_'L'.:z/._.-._._._ . Ill _=~/.. !v1 ~i~