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<br />Ni~f.',1a9J H..t ~g~,~iPi h"'K'fHIE~,r~E~Pftr i~FHlr.:'rrat ~atan~ke,~r ~',. ~0'B~^isa~~n and.~ur¢unie L. iG,f~"~~ms~iepr, ksvsba:~~'~ ~aat~k wife.
<br />Ptar~~~' Onta ittacueand V~'i~'I'e iausdred dollars +Emcd jtmyl!9cli-..:._..,. =_ ",~ctt~ ;5~*4~ ~tYrr ~ytjtsr~
<br />t;~ancss ?G ~C~rgagvi., ..0 sserc~j grant, Gargean. tell .n* rrtay u~.rG CssatMtP~rA? F ~ ?. Al ~iaa Ahi tir.,~ 'rSSG ; ~ ~N •` `' ~e.
<br />i`;?t7ra5ki ineteinafta_r tai! "C~mm+:rcrai €tc Stfsrs•e~psg and as's1gns. e.._ f!',,,,w ~ 'e__r,ua.~ ;rs. esta c. ~eaa ~ -.. r3,t:?-~ -.€
<br />BALL State of Nehrasisa, ;o-wik - _
<br />Lot Txo {2~ in Flock Six {6} in Bel Air Addition to the Citq of Grand Island, Pall
<br />County, Nebr.---
<br />TO rA'lE AfdD TG HOLD THE SANE, with the apausre.^.ances ther2e~ntn Ge!ong.r:g, unto Ca;merc!al. its socc-ssnrs a.^.d ass!g:!s. fare>er.
<br />Said tr!artgagors hereby covenant with card Vommerc!ai. its succerors and essig;,s. that `lmrtgagors are Iawfuty seized of said pre,,^ises. t`az'
<br />they ere free frc~ encu-Grances, and ihe'i they will forever warrant and defa~d it±o title in sold premises a~insi m?'awful claims of ail ;,ers~^s
<br />Wh9^. S^e've`.
<br />Pmv!ded. nevertheless, these presen`s are upon the fa!ICVring rondihnns:
<br />That v+hereas the sold mortgagors as members of Commercial have this date executed a rate evidencng such loan and agreeing to repay said
<br />sum of ;coney, virth interest. in payments as set forth in said note and have agreed to abide GY the terms of said note and Charter and 0y-Laws of
<br />Commercial.
<br />That whereas th!s mortgage shall secure any additional advances. with interest. wh!ch may, at the apbon of Commercial, Ge made hY Cam-
<br />mercia! to the undersigned mortgagors or their successors in title fnr any purpose, at any time before the release and canceliaticn of ?his mortgage.
<br />Gut PROVIDED. HOWEVEP,. at no time shall the aggregate principal amount secured by this mar?gage, being the amount due at any time on said
<br />original note and any additional advances made, exceed an amount aqua! to 110 percent of the amount of the original note, but rn no event snail
<br />said note exceed the maximum amount permitted by law, and PROVIDED, HOWEVER, that nothing herein contained shall be considered as ,ci@ng
<br />the amount that shall be secured hereby when advanced to protect the security o; in accordance with awenants contained in the < ;~#eage.
<br />Now, if 'the said tAertgagors shall pay ar cause to be paid the said sums of money when due, as set Earth in said note, and env other note for
<br />additional advances :made until said debt is fully paid with interest. then these presents shall be void: otherwise. to be and remain in soli force and
<br />effect; but if defauL should be made:
<br />Via} !n any of Ore payments due on said note, and any other pate for additional advances made. as therein agreed to be made for three months, or
<br />i"br In keeping the improvements on said premises insured against lass Gy season of fire, lightning, and other hazards included in extended
<br />coverage insurance in an amount not less than fhe unpaid balance of said mortgage loan, in a company nr companies acceptable to Com-
<br />mercial, the original of such policy or policies to Ga held fry Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />!c; In the payment of taxes and assessments levied upon said premises; er on this mortb,.ge, taefnre They are de{inquent; or
<br />rtl} tf there is any change in the ownership of the real estate mortgaged herein, by sale, either outright or try land contract, or by assignment of
<br />any interest thereon or otherwise: _
<br />then, in any of the above set-forth events, the whole indebtedness hereby secured shah, 2t the option of Commercial, immediately become du= and
<br />payable widanut further notice, and the amount due under said note antl any other note far addi?tonal advances made shall, from fhe 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 an said note, and
<br />arty other note for additional advances, together with aH sums paid by Commercial for Insurance, taxes, assessments and abstract extens!on charges,
<br />with interest thereon from the date cf payment at the maximum legal rate.
<br />PROVIDED That in no event, either before ar after default, shall the interest due under said note and this mortgage and any other note for ad-
<br />ditions! advances made exceed the maximum lawful interest rate.
<br />PROVIDED, farther, that in the event that default occurs in the making of the payments due on said note; a.^.d an any other Hate for additianai
<br />advances, as flrerein agreed to to-made, or in keeping the premises insured, as ahevo provided, or if default 6e made in the pa:aen? of use faxes
<br />or assessments levied upon doe premises shove described or upon dais mortgage, before They are GY law delinquent, Commercial shat! tae entitled
<br />to doe immediate possession of the oremises above-descr,had, together with a!I rents, eroceeds and issues arising out of the premises, and may
<br />in its discre?inn use the rents so far as it deems necessary for the purpose of making repairs upon the premises sad far ttre ~yment of insurance
<br />premiums, taxes and assessments u~a such premises, and`er necessary expenses incurred in renting said pre;:,ises and coitecting rent drerefram, 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 pura~ses,
<br />the undersigned does hereG~Y set!, assign, set over and transfer unto Commercial all of said rents, proceeds and incomes including any land contract
<br />payments d:;a ;:;origrgz owners r any ocher irtccmes ofi anY type whatsoever from said praPartY fa be applied on floe notes aDOVe-descriheti; ctt lain
<br />Commercial shall in no case be liable for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of said premises.
<br />The mortgagors further appoint Commercial of Omaha. Nebraska, their attorney in fact, giving said attorney power rrrevacably, erdrer on its own.
<br />name or fdcrtgagors' names to take nit necessary steps for proceedings in court or otherwise, to cause said premises to tae vacated, to collect rentals
<br />or other incomes due, and when vacant, to relet the same, to make al! reasonable repairs and pay taxes out of said rents; profits. contract payments or
<br />incomes and to do al! such things either by its awn officers or by other parties duly authorized and appointed by ;t, as its agent far 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 antl on such terms as to their said
<br />attorney may seem best. with full power of substitution.
<br />The mortgagors hereby agree the? if Commercial either voluntarily or involuntanly Geeomes nr is made a party to any suitor proceeding relating
<br />to the hereinGefere described real estate. or to this mortgage or said note or notes, other than a foreclosure instituted hY Commercial. mortgagors wilt
<br />reimburse Commercial tar all reasonable costs incurred GY Commercial in said suitor proceeding. Toe mortgagors further agree that it the hereinbefare
<br />desaiGed real estate nr any part thereof be ccndemne4 under the power of eminent domain, or !s otherwise acquired for a public use, the damages
<br />awarded, the proceeds fnr the taking, and for the consideration for such acquisition to the extent of the full amount of the remaining unpaid inde~ted-
<br />ness secured lay this mortgage, be, and they hereby are, assigned to Commercial and shall be paid forthwith to Commercial to be applied on account of
<br />the last maG:nng installments of such indebtedness. ff
<br />Dated this~~~.Zday of November , 19 79 --~;~
<br />~ l~
<br />'~ P
<br />tP; TifE PRES€d;CE O: ` - .~. ~ r`-v '~_ - ''7'_E_-_ --
<br />~;% y ,
<br />f ' &tanlay K O'Bri%a~
<br />STATE OF NEBRASKA Donnie I. 0°Brien
<br />.COUNTY GP ~~ ss.
<br />On this ~~__._~.~_ day of November __ , 19 79 _ ,before me, a notary public in and for said County, personally came
<br />the shave-named Stanley K, 0' Brien and Donnie I. 0' Brien, husband and xife,
<br />fa me well k.~ea.^. fd ~ the identical person nr ;,arsons w;aose name is or names are aftixeC tc The above mortgage as grantor or grantors and they, h~
<br />~. ~ ~ f '
<br />..r she. severalty ack..;nwiedge the sa;d inst[um~;t :nd the ex2c~atia;n thereof, to a2 ueir voluntary act and deed.
<br />g ~`~~~ %fl /`r'
<br />a ~ al this day antl yeas last above wr,iten. ,~r' ~ ~ /
<br />ilrCewraBr~a.A~7i.1~i1 "~~~~~~/~--P~
<br />~/ Piokary Public
<br />my commission expires on the .~ 5~~~ day of z/C !~~ _-- 19 _. `A S~
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