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A551GM1rtE.1T ~F REN1T5 LcanPfe.-_822rs56T5---_ KNOyw ALt. MEN B'r" THESE PRfSENTS: That Virgil E. Gruhn aad LaDoaaa ~. ~ruha,husband aad z~ife. (hereirraft'r called the Mortgagors) in consideration of the sum cf Forty thousand three hundred dollars aad No/lf3ft------------~------- 4oklars(S~~+tO 3g0,DOdc~a} leaned to Mortgagors, do frereby grant, bargain, se9f and convey unto COtJrMERClAL FEDERAL SAVINGS AND LOAN ASSCJCiA'~iON of Omaha, Nebraska, (hereinafter called "Commercial"}, ifs successors and assigns, the following described real estate. situated in the County of, }~~ State of Nebraska, to-wit: ---Lot 1~,renty-eight 428?, Potash Subdivision, Ha11 County, Nebraska.--- TO HAVE ANO TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever. Said tAortgagors hereby covenant with said Commercial, its successors and assigns, that Pnortgagors are lawfully seized of said premises, that they are free from encumbrances, and that they will forever warrant artl defend the title to said premises against the lawful clzims of all persons whomsoever. r rovided, 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 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- mercial to the undersigned Portgagors or their successors in title for any purpose, at any time before the release and cancellation of this mortgage, but PROVIDED. HOIVEVER, at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time on said original note and any additional advances made, exceed an amount equal to 11C percent of the amount of the original note, but in no evens shall said note exceed the maximum amount permitted by law, and PROVIDED. HOWEVER, that nothing herein contained shall be considered as limiting the amount that shall 6e secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage. Now, if the said Mortgagors shall oay or cause to be paid the said sums of money when due, as set Perth in said note, and any •ather note for additional advances made until said debt is fully paid with interest; then these presents shall 6e void: otherwise. to be and tomato ~n tuli lurCe and effect; b';t if default should be made: a) In any et the payments due on said note, and any other note for additional advances made, as therein agreed to be made ter three months, or tb! !n keepin ;he improvemen±s an said premises insured against loss by reason of fire, lightning, and ether hazards included in exuded coverage insurance m 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 poii;;ies to be held by Commercial, and with a mortgage clause attached to said policy or policies, m favor of Commercial; or ;c1 In the payment of taxes and assessments levied upon said premises, nr nn this mortgage, before they are delinquent; or itll If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by lard contract, or by assignment of any interest thereon or otherwise: then, in any of the above set-forth events, the whole indebtedness hereby secured shall, at [he option of Commercial, immediately become due and payable without further notice, and the amount due under said note and any other note far additional advances made shat!, 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 to satisfy the amount due on said note, and any othes note ter additional advances, together with all sums paid 6y 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 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. PROVlOED, further, the! in dte event that default ecurs in the .,making of the payments ~;e on said note, anG on any other Hate ter addihonat advances, as therein agreed to be made, or in keeping the premises insured, as above provided. ar if defauR be made in the payment of the kaxes or assessments levied upon the premises above described tx upon this mortgage, (afore they are by law delinquent, Commercial shat) be entitled to the immediate possession of the premises above described, together with all rents, proceeds and +ssues arising out df the premises, and Bray ,~, s discretion u..e the re ,., s..~r as it deems necessary far the purpose of making repair, upiin the premises and f"vr the papa=nt of insurance premiums, faxes and assessmer:is upon such premrses; and far necessa:y expenses :nCUrr2d in renting said premises and calteeting rent therefrom, and to apply same un said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid; and far such purl~ses, the waders>gned does hereby set!...~s:g,., set over a[[tl transfer unto Cnrmmcrciat alt cf °°od •°^ts ° aceeds end ineumes including any land eonira=t payments due mortgage owners or any other incomes at any type whatsoever from said properky to ~ applied on the notes above-described, tart said Commercial shalt in no case be liable for the failure to procure tenants, to collect rents, or to prosecute actions td recover possession of said premises. The Mortgagors further appoint Gommerciai of Omaha, Nebraska. their attorney m fast, giving sard attorney power irrevocably, either cn 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 relet the same, to make all reasonable repass and pay taxes out of said rents, profits, contract payments or incomes and to do alt such things either by its own officers or by ether parties duly authorized and appointed 6y it, as its agent for sard purpose, and to charge or pay a reasonable fee (or such services, all of the above to be done ai such times and in sucfi 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 involuntarily becomes or is made a party to any suitor proceeding relating to the horeinbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure instituted by Commeriai, Mortgagors will reimburse Commercial for all reasonable costs incurred by Commercial in said suit ar 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 acquued for a public use, the tlamagos awarded, the proceeds for the taking, and for the consideration for such acquisition to the extent of the full amount of the remaining unpaid indebted- ness secured by this mortgage, be, and they hereby are, assigned to Commercial and shat! be paid fo[thwilh to Ce!r.merciai to be appaed on account of the last maturing ins±aliments of such indebtedness. Dated this _~_____day of November , 19_79 IN THE PRESENCE OF: `~~ ~~~¢ fJ~ k __~ ,~ ~~~. »__.- fir- __~r'~ sue'. n '~r~ Yirga.l E. Gruha ! ' 3~ "~ r' f' P.~ ______._.________.._ _ ___._.___~. ~~_-- _t, ____ _ STATE OF NEBRASKA i Doaaa E.Gcruha GOUNTY OF HALL -_.____..-- • On this _ -.___ _ November 79 ___.-.___._ day of _-_-_~_____ , 14 __ , before me, a notary public in and for said County, personally came the above-named Virgil E. Gruha and LaDonna E. 6ruhn, husband and wife. to me wall known to be the identical person or persons whose name is or names are affixed to the aoove mortgage as grantor or grantors and they, he or she_, severaliv~wlatoP instrument and the execution thereof, to be their voluntary act and deed. i°~ yr ESS ~~1 s-day and year last above written. tYRf'COMMatbIM,M* l r_ ~~'•-e~.i'~'~°~ - ~~.% .r` t__f.~tt~••"`n~+--? ~ -- - ~ i/ N ;ary Pabhr lay commission expires on the . __ ~ ~"~_.. day ef~-~~ ;~~.-T..----. __ , t9.~!'~ . ~ 50