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F~,~S'SfGNMI~Nf'T ~F 6~E~~1; 5 ~ ., ~r,::. ---_ti17,]t.W;~~...._.-._
<br />XNI~'#i! AL~t. MErYI ~'Y TNI~„~;IE r"'H~SFNtI'S;- Tt;af Davit]. ;fs, C3..aimusrr~us anit Vjias^ie ,~, w'D.ett!e~nts, lhusbaniifl aa>bd wife.
<br />t~l9'-I ~Yins:Y+1'' ri lie shy, M~N"~g~a;p)C ' in r il~iN„el"~P ~thlln iS9H thlf yJp'- ref
<br />~ift~f Ni.ra~ tho~fqusa~xad dcri~.~~s and No,~'liDa----_w„. _ ..,.,..___..__..__-_..~._ 9siisgfum5 ~ttl!<~~+3 DD'Ci.t7i4D ~
<br />maned to Moftgagors, do berets grant, vafgain. sell and convey Info CO~A4ERC(A: FEDER,':. SAYfNGS ~rND LOAN ASSu;,tAT(rJN cf Omaha.
<br />NEt)raska, (fSEfEiRafte7 Called "~0rnmerciai'-j, its SUCCeSSOrS and assign S, iftE fOtiOwing d2SrtibEd rEat ESfatp, >itllatEd 'n fha t~0~inty Of,
<br />Hall State cf Nebraska, to-wit-
<br />--Lot Seven C7), in Block Three (3), Lake Davis Acres Subdivision, Hall Colmty,
<br />Nebraska.---
<br />TG HAVE AND TG HOLD THE SAME, with the appurtenances thereunto beiang,ng. unto Cammerciai. its successofs2ndassigns,forever.
<br />Said Mortgagors hereby covenam widi said Con::ercial, its successors and assgns, Y,at "+'~urtgagars are lawfuiiy sEizEd of sold prEm!ses, That
<br />they are free from encumbrances. and that they wilt arever warrant and defend the title t0 saEd premises against the tawfu! claims at ail persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the foiiowing 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 fetch in said note and have agreed to zbide by the terms of said hate and Charter and Bylaws of
<br />Commercial.
<br />fiat whereas this mortgage shall secure any additional advances, with !merest, which may, zt the option of Commercial, be made by Com-
<br />mercial is 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, HOYiEVEP,, at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time 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 in no event shat!
<br />said note exceed the maximum amount permitted by law. and PROVIDED. HOWEVER, that nothing herein contained shat! Le consider?r as (uniting
<br />the amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained !n ":? nartgage.
<br />Nave, if the said Mortgagors shall pay or cause to Le paid the said sums of money when due, as set forth in said note, and any other note for
<br />additia~al advances made until said debt is futiv paid with interest, then these presents shall Le void- otherwise, to be and remain in full force and
<br />effect; but if default should be made:
<br />ra) In any of the payments due an said note, and any other note ter additional advances made, 2s therein agreed to be made ter three months, er
<br />rb? in keeping me improvements an said premises insured against ;oss by reason of fire. lightning. and a[hec frazards included in eztenCed
<br />coverage insurance in an anount nut Tess 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 Commercial; ar
<br />Yct L. the payment of taxes and assessments levied upon said premises, ar on this mortgage, before thEy are delinquent; or
<br />/d) If there is any change in the ownership of the real estate mortgaged herein, by sale, either outright ar by land contract, or by ass+gnment of
<br />any interest thereon or otherwise:
<br />then, in any of the above set-forth events, the whole indebtedness hereby secured shalt, at the option of Commercal, immediately become 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 7!e exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then b? foreclosed to satisfy the amount due en said rote, and
<br />any other note for additional advances, together with all sums paid by Commercial for insurance. taxes. assessments and abstract extens+on charges,
<br />with interest thereon from the date of payment at the naximum legal rate.
<br />PROVIDED that m no event, either before or after default, shall the interest due under said note aaG u`tis mortgage and any other note far ad-
<br />ditional advances made exceed the maximum lawful interest rate.
<br />PROVIDED, further, that in (t12 event That default acurs in the making of the payments due on said note, and on any otf+er -o[e ter addibana
<br />advances, as therein agreed .~~ cr :., iteep:r.a the pre:,;ises ;~tsurev, a~ ~b~,.'r ;, :tided. o ~~ de:a't ~ Made in the pavr°en° of me taxes
<br />or assessments levied open the premises above descrrhed ar upon dr!s mortgage, before thEy are LY law delinquent, Commernat shall ~ entitled
<br />to the im!nediate possession cf the premises abovE described- together with all rents, proceeds and issues arising cut of thP premises, and may
<br />in its discretion use the rents sc tar as it deems necessary :`or [tee Irurppse of making repairs upon the premises and for the Payment of !nsurane-e
<br />( p!rIC a PSC.mefl'C IRnn Cnfh T 5 C ~Fid tae n ~ti li i th F.=.-:
<br />p.emi ,.: taxis rid ass-. , ~ pre._! e_. ,,.. PrPtt~~1 expenses incurred i,^. r?,. rig said premises and ca„x,.no tor;, ,r;~:....,. :a;r
<br />to apply same on said note and any notes ?videncing future advances herecnCAr until the indebtedness secured is fuiiy paid; and for Bach purposes,
<br />Lhe undersigned does heret;y v, 4ss;::. set :,vTr a rooster unit Cu ;+-ercii ail Qf said rents, proceeds and ineaines including any iano contras
<br />payments due mectgage owners c, ~ny .,, - ;;;,e vats Il;;e: fr°; sand property to be agpiiod en the notes abriv2-a_scr;b2d: ~t arid
<br />Commercial shall ir. no case tee ba~bie fur the~fa!!ure to procure tenants. to collect rents, or to prosecute actions io recover possession of said premises.
<br />The Mortgagors further appoint Commercial of Omaha. Nebraska. their attorney in fact, giving said attorney power irrevocably, other on uts awn
<br />name or Mortgagors' names to faire a!I necessary steps for proceedings in court ar otherwise, to cause said premises to be vacated, to collect rentals
<br />or other incomes due, and when vacant. to reiet the same. to make all reasonable repairs and pay taxes out of said rents, prehts. contract payments Or
<br />incomes and to do all such things e!s~o by its own cf(]cers or Ly other parties duly authorized and appoimed by it, as its agent for sold purpose, and
<br />to charge or pay a reasonable fse fry; such services. alt at the above to be done at such times and in such manner and on such terms as to their said
<br />attorney may seem Lest. with foil power r substiL!tion.
<br />The Mortgagors Lereuy agree that ~' Commercial either valuntaniy ar !nvoluntariiy t~comes or !s made a party to any suitor pracead!ng refat!ng
<br />to the hereinbefore described real estate. o: io this mortgage or said note or notes. other than a foreclosure instibried by Commercial. P.SOrtgagors will
<br />rein!tmrse Camnerniai for all reasonable costs incurred by Commercial in said suit pr proceeding. The Riortgagors further agree Urat if the heremLefore
<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 tla!nages
<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 severed by this mortgage, trE, and they hereby are, assigned to Commercial and shall be paid forthwith tc Commercial to Le applied on account of
<br />the last naturing installments of such indebtedness.
<br />Dated this day of _. November 19 79 ;, T r
<br />f ,I ~ > f
<br />IN THE PRESENCE OF: ~ _ ~, ~ ~~ ~ j" _" ~ --t~~a"-E~~i~-
<br />David A. Clements
<br />STATE OF~7f$RAStfi~ ~~ry rvu rnHV PUBLtC - CAliFORNiA
<br />LOS ANGEIt:S COtlN7Y
<br />COUNTY OF i"9l~`'~~4• MY comm. expires MAR 15, 1982
<br />' On this . ~ ~%' ____ day of NOVEmber__ , tg 79 - ,before me, a notary public in and for said Gaunty. perso;atfy came
<br />the above-named
<br />David A, Clements and Marjorie A. Clements, husband and xife.
<br />to me weft known to 6e the identical person or persons whose name is ar names are affixed to the above mmigage as grantor cr grantors and they, he
<br />ar she, severally acknowledge the said instrument and the ezecutiar, thereo`., to Le their voluntary act and deed.
<br />V/li!vESS eery hand and Notarial Seai this day and year fast above written. '
<br />4- i..: -ty : .
<br />6'ry cummissmn expires on the __ ~~ _.
<br />Marjorie A, Clements
<br />dayaf ~~'1'i?ii.cP``*.-f-. i9~~`-.-.
<br />fiatary Puhii[--___.______.._
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