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79-~,~'` E X P Plr` ?~ I:1.~. B I.r E t.~ F? T Gr 1~ ~ E
<br />822230-~.
<br />A55if~N~tE,NT OE RENTS Loan No. _-__-_._..._.._.._.~_
<br />KNOW ALL MEN 3Y THESE PRESENTS: Thafi Bernard H. Kamen and VickieK, K;aoea, husband and wife.
<br />hereJrafter called tlha Mortgagors) in cons"~~rati~on of the stir t~of
<br />Twenty Four thousand two hundred dallaa°s a~a~d tdo/~CSO--_____-.._-_---_..Ddifars,S 2. „200,g1t} )
<br />loaned to Mortgagors, do hereby grant, bargain,'sell and convey unto COhiMERCLAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha
<br />Nebraska, thereinafter tailed " ommereraP'), its successors and assigns. the faiawing descabed roof estate, situated in the County of,
<br />}~,ll Stale of Nebraska, to-wit:
<br />---Lot One Hundred T7airty Two (132) except the North One Font (1'? in hest Lawn, an
<br />Addition to the City of Oraad Island, Hall County, Nebraska.---
<br />TO HAVE AND TG HOLD THE SAME, with the appurtenances ihereunio belonging, unto Commercial, its successors and assigns, forever.
<br />Said Pdorigagor, hereby covenant with said Commercial. its successors and assigns, that hiartgagas are lawfully seized of said premises, that
<br />they are free from encumbrances, and that they w!il forever warrant and defend the title io said premises against the lawful p?aims of alt persons
<br />whomsoever.
<br />t Provided, nevertheless, these presents are upon the following condit!ens:
<br />That whereas the said Mortgagors as members of Commercial have this date executed a ncte evidencing such loan and agreeing to repay said
<br />sum of money, with interest, in payments as set fprih in said note and have agreed to abide try the terms of said note and Charter and Bylaws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, be made by Com-
<br />n!ercral to the undersigned Mortgagors or their successors ~n t!tle f,r any purpose, at any time before the release and cancellation of this mortgage,
<br />but PROVIDED. HOWEVER, at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time on said
<br />angina! note and any additional advances made, exceed an amount equal to i10 percent of the amount of the original note, but in no event shall
<br />said note exceed the maximum amount perm!tted by law, and PROVIDED. HOydEVER, that nothing herein contained shat{ be considered as limiting
<br />fhe amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage.
<br />Plow, if the sa'a ^iortgagor; shall pay or cause to be paid fhe said sums of money when due, as set forfh in said note, and any orJter note for
<br />additional advances made until said debt is fully paid with interest, then These presents shall be void; ptherxise, to be and remain in full farce and
<br />affect; but if default should be made:
<br />ial In any pf the payments due on said note, and any other note for additional advances made, as therein agreed to be made for three mondts, or
<br />ibl in keeping the is~prove~~~aats p- said premises insured against loss 6y reason of fire, lightning, and oi;~er hazar~, included in extortded
<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 by Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commerciaf: or
<br />{ci in the payment of taxes and assessments levied upon said promises, pr on this mortgage, before they are delinquent; or
<br />fdj If there is any change m the ownership of the real estate mcrtgaged herein, by sale, either outright or try land contract, or try assignment of
<br />any interest thereon or otherwise:
<br />then, in any of rho 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 additional advances made shalt, from the date of the exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then 6e foreclosed td satisfy the amount due on said note, and
<br />any other note for additional advances, together with ail sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from the date of payment at the maxinmm legal rate.
<br />PROVIDED thak in no event, ether before or after default. shall the interest due under said note and this mortgage and any other note for ad-
<br />diGonal advances made exceed the maximum lawful interest rate.
<br />PROVICED, furdrer, that in the event the; default occurs in the making of the payments due on said note, and an any other noie for additional
<br />.advances: as Therein agreed to ba made, or in keeping bee prer!iises !nsured, as above provided. or if defau!i ~ made in the payment of the taxes
<br />ar assessments levied upon the premises above described or open this .: prtgage, before they are by law doGnquent, Commercial shall be entitled
<br />to the immediate P>assession of fhe premises above descrifrzd. together with ail rents. proceeds and issues arising out of the premises, and may
<br />in its discretion use the rents so far as ii deems necessar;~ fa the purpose pf making repair, upon. the premises and for the payment of insurance
<br />premiums, taxes and assessments upon such premises, and for necessary expenses incurred !n renting said premises and collecting rent therefrom, and
<br />tc 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 ~adersia ed owes bocci{ soil, assign, set ever ant transfer ;! o Cp!nrnercia! ail df said rents, proceeds and incomes including any [and contract
<br />(us~nents due mortgage owners nr any other incomes of any type whatspever from said p:nnerty-te be applied on the notes a~rve-dessri~ed,-twt said
<br />Commercial shall in no case be liable for the failure to procure tenants, to coiieci rears, or io prosecute actions to recover possession of said premises.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their aitprney in fact, giving said attorney power irrevocably, either on its owe
<br />name pr Mortgagors' names to take ail necessary stops for proceedings m court or otherwise, to cause said premises to be vacated, to collect rentals
<br />or other incomes due, and when vacant, to relet the same, to make all reasonable repairs and pay taxes out of said rents, profits, contract 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 for said purpose, and
<br />to charge or pay a reasonable fee for such services, all of the above ±e he done at such times and in such manner and on such terms as to their said
<br />attorney may seam best, with full power of subst!tution.
<br />The Mortgagors hereby agree that if Commerciaf either voluntaniy or involuntarily becomes or is made a party to any suitor proceeding relating
<br />to the hereinbefore described real estate, pr to this mortgage or said note or notes, oNer than a fpreciosure instituted by Commerciaf, Mortgagors will
<br />reimLvnse Commercial for all reasonable costs incurred by Commercial ,n said smt dr proceeding. The Mortgagors further agree that if the hereinbefore
<br />desuibed real estate or any part thereof be condemned under the power of eminent domain, or is otherw!se acquired far a public use, the damages
<br />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-
<br />ness secured by this mortgage, be, and they heretry are. ass!gned tp Cor^mercra! aryd-~ra!! be paid forthwith to Commerciat to tee applied on account of
<br />thq tact mahrnng installments of such indebtedness. ! '
<br />Dated this 28th day of November-__--_-. i9?$_ . %
<br />tN THE P SENGE OF:
<br />7
<br />Bernard A. Korea
<br />STATE OF NEBRASKA
<br />COUNTY OF HALL ss.
<br />20th Novaatber
<br />On this day of _T._.__-.___
<br />the above-named
<br />~~VickieK KO~t
<br />., _ ,
<br />,---~
<br />19 ~ ..._ ,before me, a notary public in and for said County, personally came
<br />Barnard R. Konen and Vickie K, Konen, husband and wife.
<br />to me welt known to 6e the identical person or persons whose name is cr names are affixed to the above mortgage as grantor or grantors and they. he
<br />or she, severalty adknawiedge the said instrument and the executiae the~P ~ ntary act and deed.
<br />}ipttePtw,ao
<br />NITNESS my hand and Ndtanai Seal this day and y !° ~ 1 , i~3~ y~~~~_- ~ i
<br />"~ Notary Putalic
<br />My ccmmrssipn espues on the ~~.___~__ day of _____ _ . iS ~~ F -a0
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