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<br />Ik~S~~,p~k'iA~h+l~l"'t~k'~IF FC~'t~`~'T~ G~i€m hits, ._._.5:%~:1~.-:~_._......~
<br />ANC"yif ~!t 4PElr N~IY ittFSE', PRESEt+NIT'S. That bGe~aet~a~ 1Nf~eripaaa,n a se Il~rsoa~,
<br />Fi~~~t.me~~ _h~ir~n~eaowl Ox~ IN~awdx~~a~ a1~n'7La'~s and '~J;~dti~t'Ireltmia~heirc ral~r~ rh~~M~irlgagpn~<I n Isauns~lr€io*~atdorru ~:It YJlhr'~ s~u~m of
<br />_,.w...»...~~......,...... _"t;roffaits (S X3.5 r~0~' .tliCkl~)
<br />luaned to 'dortgagors, do haretry grar:t, bargain, self and convey unto Cf7tA~ERCIAL Fi:GERAL SAVSMGS AP1G t.GAN ASSOCiATi~?i of Cmaha.
<br />Nebraska, !hereinafter coiled " ommerr:iaP;, ifs successors and assigns, thz €olfowing described teat estztB, situated ir, the County of.
<br />HALL Slate of N~raska, to-,nit:
<br />Sce Exhibit A hack side.
<br />TO HAVE ANG TO HOLE THE SAME. with the appurtenances thereunto helrxrging, ante Cc-nn:erc,al. its successers aad assigns, forever.
<br />Said tinrtgagors her-`, covenant w~ffi sa~9 Comrnercizi.:ts successors and assigns, that ;~o;tgzg;,r> are iawfa!y se;zze _f sa ' premises, that
<br />they are fro= irrm encu-,h=antes. and :hat !bey wrll forever warrant and defend f#re tide to sold premises against "se tawfu claims of alt persens
<br />whomsoever.
<br />Provider,, oeverthz!ess. L ese presents are upon the to?lowing conditions:
<br />That whereas the said tlartgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay szid
<br />sum of money. wish interest, in payments as set forth in said note and have agreed to abide lry the terms of said note and Charter and ~j•Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any addrtional zdvances, with interest; which may, at the option of Commercial, be made by Com-
<br />mercial to the undersigned mortgagors or their successers ir; title for any purpose, at any time before the release and cancellation of this mortgage,
<br />but FRDVIDEG. HOWEVER. at no 6me shall the aggregate principal amount secured by this mortgage. being the amount due at any time an said
<br />uriginai note and any additional advances made, exceed an amount equal to 110 percent of the amount of the original note, but in no event shaft
<br />said note exceed the maximum amount permitted bi' law, and PROVIDED, HDWEVER, that nothing herein contained shat! 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 />Now; if the said Mortgagors shall pay or cause to be paid the said sums of money when due; as set forth in said note, and any ether note for
<br />additional advances made until said debt is fully paid with interest, then these presents shall be void; oherwise, to tre and remain in fuN force and
<br />effect; but if default should be made:
<br />!a; !n any of the payments due or, said note, aad any other note for additional advances made, as therein agreed to be made for three montlts, or
<br />fb? In keeping the improvements on said premises insured against less by reason of fire, iigntning, 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 companies acceptable to Com-
<br />mercia!, the original of such policy or policies to tre held by Commercial, and with a mortgage clause attached to said policy or policies,
<br />in, favor of Commercial; or
<br />(c) In the payment cf taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or
<br />;d) Ii there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract, or by ass,gnment of
<br />any interest thereon or otherwise:
<br />then, in any of the zbcve set-forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately come due and
<br />payable without further notice, and the amount due under said note and any other note for additional advances made shall, from the date of the exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then he foreclosed to satisfy the amount due on said note, and
<br />any other note for additional advances, together with all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from he date of payment at the maximum legal rate.
<br />PROVIDED Lhat in no event, either bolero or offer default, shall the Interest due under said note and this mortgage and any other note for ad-
<br />d;tional advances made exceed the maximum lawful interest rate.
<br />PROVIDED, further, thzt in the event that default occurs in the making of the payments ace on said note, and on arty ocher note for zdditiMia?
<br />ad:'antes, as !h`=rei; agreed ±c be rr,ade, or in keeping tf;e prer^ises insured, as aL~ve provided, er it default be made ie~ the payment of the ;ax°~s
<br />cr assessments levied upon the premises wave described or urn Ghis mortgage, before they are by law delinquent, Commercial shall be en6tted
<br />to the immediate possession of the premises above-described, together with all rents, proceeds and issues arising out of the premises, and may
<br />ir. its dis:retien use the rents so tar as it deems necessary for the ~rrpose ot;naiting repairs upon the premises and for the payment of insurance
<br />premiums, +axes and assessments upon such premises. and far necessary exp~rses incurred in renting said premises and cottecting rent theretr;m!, and
<br />to apply same on said note and any no#es evidencing future advances hereunder until the indebtc~ness secured is fatty paid; and for such purposes,
<br />&~e undersigned ^ e~, sett, assign, set ever and tra`asfer uate Commercial ail of said rents, proceeds and incomes including arty land cant a%t
<br />payments ~,e m,r±gageY_~wners or any ether- incomes e1 any Npa, vfiatsoever from said prc~erty to b~ applied on tare notes atrav€-described; txtt said
<br />Gommercial shall in ne case be liable for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of said premrses.
<br />The Mortgagors further appoint Commercial of Omaha. Nebraska, their attorney in fact, giving said attorney power irrevocably, either on its own
<br />name or Mortgagors' names to take alt necessary steps for proceedings in coact or otherwise, to czuse said premises to be vacated, to collect rentals
<br />or other incomes due, and when vacant, to retet the same, to make ail 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 6y it, 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 Mortgagors hereby agree that if Commercial either voluntarrly or involuntarily tx?comes or is made a party to any suitor proceeding relating
<br />to the hereinbefore described real estate, or to this mortgage or said note or notes, other than a foreclosure instituted by Commercial. Mortgagors will
<br />reimbrrse Gammercia! for all reasonable tests incurred by Commercial in said suitor proceeding. The h"ortbago:s further agree that if the hareinbofore
<br />described real estate or any part thereof be condemned under the power of eminent domain, or is otherwise acquired for a public use, the damages
<br />awarded, the proceeds for the faking. and for the consideration for such acquisition to the extent of the full amount of the remaining unpaid indebted-
<br />ness secured ~ this mortgage, be, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial to t>e applied on account of
<br />the last maturing installments of such indebtedness.
<br />-Dated this ~ 3 ~-~ day of NQVearber , 19 79 .
<br />IN THE SENCE OF: ~~~ ~1 c~EZL-_-v7/'~~J - - -
<br />=-o~`t`t~~7 z. ` ~' Kenneth L. Weiss
<br />STATE OF NEBRASKA _ .
<br />CCilNTY OP HllL7. ss:
<br />On .this .- ~`3'e~-_ day of ~~' 19 ?g_ ,before trio, a notary public in and for said County, personally tame'
<br />the above-named »$th L. iAai~s, a s3.n~le person.
<br />to me well knesan to tte-the identical person or_person~-whose name is-o[-oarr~s are affixed to the above mortgage as grantor or grantors and they; he
<br />vapid instrument and the execution thereof. to 6c their vntuntanf act and deed. - ~~
<br />r~-irw r1r~g~
<br />~~airi5 day 'and yaai teat a`wYa wiitten. ~__~,r f ~ ~ -
<br />,~/~~"!_3"-fit-cam' /'!J ~~iirz~f
<br />2 S~f- Dietary Public
<br />'fiy camrnission expires on the _~ 1 _ day of = "~~/~ =sue ~ . 19 . L ~ 'P~-s
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