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~'X~'Aefiw~:~~3Ia~~ ?iriC3~T~~~~ <br />A,SSYGNMENT 4"JF 'F2EN7S Loam I'lo..,_..%~'~'-;'_D ..._..____. <br />KNOW ALL MEN BY THESE PRESENTS: That 1''orT'ney „,I', Bahl and Bober"ra ~, lta,`::1-, husi,anr^t, a.vc? wi.'~e, <br />shereinaftpr r~i'ad thH'Martyagorsl in tanside€atiaru dt the curt of <br />Fitt 1e. ht. thoatsand fora" hundred do]'.1ars and NoflOt; __ ____.__.Oottars dS~,~` •Hr~O'0 t30.v~:1 <br />~^ IoaneL~to F~rtgagors, de Hereby grant bargain, sell and convey unto Cr3MMERCIAL FEDERAL CAVINGS AND LOAN ASSOCIATION of Omaha, <br />~ Neb~sY~lthereinafter caned "Commercrai"), its successors and assigns, the foiiowrng described real estate, situated m the County of, <br />a State of Nebraska, to-}}vvit: <br />Lot Thirteen (13; in Bishop Heights Ttrir3 Subdivision, Hall County, <br />Nebraska <br />TO HAVE AND TO HOLD THE SAME. with the appurtenances lhereuntd be:ong~ag onto Commertiai. its successors and assigns, forever. <br />Said Mortgagors hereby covenant with said Commercial, its successors and assns, ±hat P,?a;tgaga;s are iawfulty seized of sand premises, that <br />they are tree from encumbrances, and that 'hey wil! rorever warrant and defend the ht!e to said premises against the lawful Gams of ail persons <br />whomsoever. <br />Provided. neverLh?less. these presents are upon the fai!owing tondilitns: <br />That whereas the said Mortgagors as members of Cemmerciz! have this date executed a note evidencing such loan gird agreeing to repay said <br />sum of money, with interest, in payments as set forth in said note and have agreed td 26ide by the tens of said note and Charter and Bylaws of <br />Gommerciai. <br />Thai whereas this mortgage shah secure any additional advances. with interest, which may, at the option of Commercial, be made by Com- <br />mercial to the undersigned Mortgagors or their successors m title for any purpose, at any time before the release and Cancellation of this mortgage, <br />but PROVIDED. HOWEVER, at no time stroll the aggregate principal amount secured by this mortgage, being the amount due at a;; tim? on said <br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but io nn event shall <br />said note exceed the maximum amount permitted try law, and PROVIDED. HOWEVER, that nothing herein Contained shall be considered as limiting <br />the amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage. <br />New, if the sa~6 Mortgagors shall pay or cause to he paid th? said sums of money when due, as set forth in said note, and any other note Tor <br />additional advances made until said debt is fully paid with interest. then these presents shat! be void; otherwise, to be and remain in full force and <br />effect; but if default should be made: <br />fa) In any of the payments due on said note, and any other note fm additional advances made. as therein agreed to be made for three months, or <br />thj in keeping the improvements on said premises insure8 against loss by reason df fire. lightning, and other hazards included in extended <br />coverage insurance in an amount not less Than the unpaid balance of said mortgage loan, in a company or con;panies acceptable to Com- <br />mercial, the original of such policy or policies to be held by Commercial, and with a mortgage clause attached to said policy or polities, <br />in Laver of Commercial; ar <br />(c? In the payment of faxes and assessments loured upon said premises, or on this mortgage, before they are tlefinquent; or <br />!a) if there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by i:.nd contract, or 6y assgnment of <br />any interest thereon or otherwise; <br />then, in any of the above set-forth events, the 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 note and any other note for addihona! advances made shall, from the date of the exertise <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 note for additional advances, together with all sums paid by Gommerciai for insurance, taxes, assessments and abstract extension charges, <br />with interest thereon from the dale of payment at the maximum legal rate. <br />PROVIDED that in nc ev`ent, either before or after default, steal; the :merest due under said note and this mortgage and any other note for ad- <br />ditional advances made exceed the maximum lawful interest rate. <br />PROVIDED, further, that in the event that default occurs irr the making afi the payments due an said note, and on any other note for additional <br />advances, as therein agreed to be ,,,ode; a in keeping m,e premises insured, as wave provided, ~ if default ~ made in the payment df the taxes <br />or assessments levied upon the premises above Cescnbed or upon this mortgage, before they are thi law delinquent. Commercial shall 6e entitled <br />to the immediate possession of the premises ahove~descnoed, together with alt rents, proceeds and issues arising out of the premises, and may <br />rn it discretion use the reins sa far as it deems nocessary for the {rarp~se of making repairs open the premises and far the payn;ent of i.rsurante <br />^~~„~~~,,t taxes 2nd assessments upon s!rth pr?mises_ and for necessarv expenes incurred in rent!n- s:?rd pr?raises and cat!etting tent therefrom: and <br />to apply same an said note and any notes evidencing future advances hereunder until the indebtedness secured is fully paid: and far such purposes, <br />the nndersi; red does hereby ~ a>sig<t, set aver anu :-a _'- 1 ~_ a a- of aad rants, proceeds and intari?es intruding any land °v~iratt <br />payments due mortgage awnerscar any aLh.°r incomes of aay ne w;;3~~,~~st f€a~: x:sd ^ _ arty to ~ app;:.ter.' act thg notes at~~-destrit~; ~;t .,::d <br />Commernal shall in no case he liable for the failure io procure tenants, ',o collect rents, onto prosecute actions to recover possession of said premises. <br />The Mortgagors further appoint Commercial of Omaha. Nebraska. them attorney in fart, giwng said attorney power irrevocably, either on its own <br />name or Mortgagors' names to take ail necessary steps far proceedings in court or otherwise. to cause said premises to be vacated. to tolfetf rentals <br />cr other incomes due, and whey, vacant: to reset the same. to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or <br />incomes and to do ati sucA things either by its own officers or by other parties duty authonzed and appointed 6y ii, as its agent for 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 their said <br />attorney may seem best, with full power of substitution. <br />The fortgagors hereby agree that if Commercial either wluntarily ar invaluntaniy becomes or rs made a party to any sort or proceeding rotating <br />to the hereinbefore described real estate, or to this mortgage or said note or notes. ether than a foreclosure instituted by Canmeraa!; PAortgagars will <br />raimbarse Gaminarciai for ail reasonable costs incurred hY Commerc!ai .n said sort cr praceed,ng. The fAartgagars further agree Lhat .f the nerarnbefare <br />described coal estate or any part thereof be condemned under the power e( eminent domain, ar is otherwise acgwred for a pubht use. the damages <br />awarded, the proceeds for the taking, and for the consideration for such acgwsihon to the extent of the full amount of the remaining unpaid indebted- <br />ness secured by this mortgage, be, and they hereby are, assigned to Commercial and shall fro peso forthwith to Gommerciai to be applied on account of <br />the fast maturing installments of such indebtedness. <br />Dated this _ 16th day of November _ ~_-_ , 19 _79 -, <br />t" HE S€NGf OF: ~~ ~'`~'r',.:=~ ,~:~.E -~-__-_----~_____--__~_-__-._~__ <br />--,--- Re{lney J. Bahl <br />ROBERTA L. BAHL <br />' STATE OF NEBRASKA <br />COUNTY OF Hall ss. <br />On this ^16th day of -_November _ _ _ 19 79 before me, a nrtary public .nand for said County, personally came <br />the above-named <br />Rodney J. Bahl and Roberta L. Bahl, husband and wife. <br />to me well known to ire the identical person ar persons whas" name is ar names are affixed to he above mortgage as granter or gran±ars and they, he <br />or she, severalty acknowledge the said instrument and th~t~ ~ ha y act and deed. <br />ll ,~~ <br />WITNESS my hand and Notarial Seal this day and year ia~~~p, pq~ ~ ~ <br />Notary Public <br />My commission expires an the ~ _ day of _ G~____- . i9 _~~ PA-50 <br />