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7~-m '~,~~~~"~"~~~.f EXg'AIVD~BLE lvi4~R'I"~AGE
<br />ASSIGNMENT OF RENTS 517p8-9
<br />Loan Na. ______~.__._.._
<br />KN04V ALL MEN BY THESE PRESENTS: That Town and Country Realty of Grand Island, Inc. a corporation.
<br />(hereinafter called the #rlortgagarsj in consideration o4 the sum of
<br />Aiine~ Firm thousand one hundred dollars and No/1p4---_---___..____ Dollars (5*s95 14p.4pe~)
<br />lozne to Mortgagors, do hereby grant, bargain, sell and convey un#o COMMEkCIAL FEDEkAL SAVINGS AND LOAN ASSOL:A~fON of Omaha,
<br />Nebraska. (hereinafter called "Commercial"j, its successors and assigns, the following described real estate, situated in the County of,
<br />Sfate of Nebraska, to-wit:
<br />---Lot Five (5), Block Txo (2), Replat of Riverside Acres, Grand Island Hall County,
<br />Atebraska.---
<br />TO RAVE ANO TG HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial. its successors and assigns. forever.
<br />Said fdortgagors hereby covenant v+ith sand Commercial, its successors and assigns, that 6ortgagors are lawfully seize9 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 claims of ail persons
<br />whomsoever.
<br />Provided. nevertheless, these presents are upon the following conditions:
<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 Charter and By-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, be made 6y Com-
<br />mercial to the undersigned Mortgagors or their successors in title far any purpose, at any Irma before the release and cancellation of this mortgage.
<br />but PROVIDED. HOWEVER, at no time shall the aggregate principal amount secured try this mortgage, being the amount due at any time an said
<br />original note and any additional advances made, exceed an amount equal to 11D percent of the amount of the original note. but .n a.-, e.~nt shall
<br />said note exceed the maximum amount permitted fry law, and PROVIDED, HOWEVER, that nothing herein contained shall fro cors~dered as hm[ting
<br />the amount that shall 6e secured hereby when advanced to protect the security or in accordance with covenants contained m the mortgage.
<br />Now, if the =_a,d Mortgagors shall pay or cause to be paid tfre 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: ethereise, to f>e and remain in full force and
<br />effect: but if default sha~ld be made:
<br />cal 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 monGrs, or -
<br />;yi in keeping the improvements on said premises insured against loss by reason of fire, lightning, and other hazards rnetu'ued rn exte„'uc„
<br />coverage insurance in an amount not less than the unpaid balance of said mortgage loan. in a company or companies acceptable to Com-
<br />mercial, the original of such policy or policies to be held 6y Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />tci In the payment of taxes and assessments levied upon said premises, or on this mart age, before they are delinquent; or
<br />fd) If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright er try land contract, or by assignment of
<br />any interest thereon or otherwise:
<br />then, ;n any of the above set-forth events, tfre whole indebtedness hereby secured shall; at the option of Commercial, immediately become due and
<br />payable without further notice, and the amount due under said rrote and any other note for additional advances made shall, from the date of the exercise
<br />of said epiion, bear interest at file maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy the amount due on said note, and
<br />any other note for additional advances, together with all sums paid try Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from the date of payment at the maximum legal rate.
<br />PROVIDED that m no event, either before or after default, shad the interest due under said note and this mortgage and any other note fo: ad-
<br />ditional advances made exceed the maximum lawful interest rate. "
<br />PROViDEG, further, the! in the event that default occurs in dre makrng of the payments due on said note, and an any other rota for additcvsat
<br />advatrces, a- '.her°ir, agreed to be made, or in keeping the prem.ses insured, as abov ..d~--., .,r r d rauft !~ -.ad_ in th. ,~y a^! of the taxes
<br />or assessments levied upon the premises above described or upon this mortgage, hetcre4they are by law detinquent, Commercial shad be e;rtit!ed
<br />to the immemate possession of the premises above-described, together with ail rents, proceeds and issues arising out cf the premises, and may
<br />in its disueho;r use the rents so tar as it deems necessary for the purpose of ,making rep-sirs upon the premises arts f~~ the payr~ent st insurance
<br />premier c, rax. s end assessments upon sucfr premises, and far necessary expenses incurred in renting said premises and cctieciog rent fherefrora, and -
<br />to annoy ~~~oe on said note and any notes evtdencing future advances hereunder until the ,ndebtedness secured ~s fully paid; and for such purposes.
<br />the undersigned ", s hereby ~,-. sign, set dyer and Transfer onto Cmr:me ciai ail aid rents. pro,. ds a kames : drg any and M:traet -.
<br />payments due mortgage owners or ary other ixromes cf any type whatsoever from said proper'y to be ~-plied ar,the norec~~~ille.dPsrsi~i; ~f sa:d -
<br />Commercial shall in no case be Fable for the fa!lure to procure tenants, to collect rents, or to prosecute actions to recover possession of sartl premises.
<br />The :9ortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, grving said attorney grower irrevoeabty, either en its own
<br />name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise. to cause said premises to be vacated, to collectrentais
<br />or other incomes due, and when vacant, to icier the same, to make all reasonable repairs and pay taxes out of said rents, profits, cmtract 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 !or 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 them said
<br />atlorney may seem best, with furl power of substitution.
<br />The !Aortgagors hereby agree the! if Commercial either voluntan!y or involuntarily becomes or is made a party to any suitor prdceedrng relating
<br />io the herem,befere described real estate, or to this mortgage or said note cr notes. other than a forec{osure instituted by Canmerciai, Mortgagors wilt
<br />reim~use Cer.:mereia! trr alt w,asonab!e tests incurred by Commercial in said suitor proceeding. The Mortgagors further agree that ~t the hereinL~efore
<br />described real estate c. any part thereof be condemned under the power of eminent domain, or ~s otherwise acquired for a public use, the da!rages
<br />awarded, the proceeds for the taking, and for the consideration for suth acquisition to the extent of iyg~tull amogntaf the remaini}lg unpaid indebted-
<br />ness secured by this mcrtgagc, De. and they hereby are. assigned to Commereral and shall ae paid ,r wi th to Commerdat tc be applied on account of
<br />the last maturing instaiiments of such indebtedness. "
<br />Dated this __--15th.----_- day of _ November , 19 79 (and the;~o prate seal of said +
<br />Tatra and Country Realty of Grancj~Is].and, Inc, a corpyn~E~n) ,~_
<br />!N TNT f~fSENCE OF: ~" ~~ ~~ - - '` _ ~--
<br />~,~ ~ -~ -~C.~-~- F Pres dent
<br />z
<br />~~.-_ 5ecr`et81+y __ ~` n"~ ~Gwi ~-~ '~ ~~;,
<br />STATE OFNEBRASKA = ~ ~ '~ rw,
<br />~., ; ._ I,d v ,~ ; .~~.
<br />COUNTY OF HALL ss. _____.____ ~ ~v ~ ;.4,
<br />- 15th November 79 - ;°: ~7 ti.;=;'' y<
<br />On this ._._--.~___-~ day of ___s~___ , 19 __- ,before me, a notary public in and for said County; ~~~ y came',o ;<~~ ;
<br />the above-named eyed k. Janisch, President, and Sandra R. Obermeier, Secretary of To~r~;y}~ee~: ~,^''V
<br />Country Realty of Grand Tslaad, Inc. a corporation.
<br />to me wel( known to ce the idenlicat person or parsons-whose name is or names are affixed to the ab ve mortgage as grantor or grantors and (hey, he
<br />_ _ the said instrnment and the ex=cutien thereof, io 6e their voluntary act and deed. a,,,s such officers and the
<br />_~~~'~ deed of said corporation, by team is them official c~~c ty done and
<br />~,,~,, Seal this day and year Iasi above writter,+. .~j~ r cured.
<br />_ j~ Notary Public
<br />My commission expires on the __ 2s __ day of .-.f`~~? G Si_-__~__ . ly~~, ri b'-~
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