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<br />_ I"hirdly F"iwwa thouseT nip hvkdre~i daa2ars and Na/2GG- - .r ~ 5~ et:
<br />Idan~ s' ~tcrigagors aF ei grant fidt~d:rt, cpt~ ~9t Ayn{ +~ ~ - Qi~~G.rtrA. r' A ~ -4 ~N s^ ,. _~ r r
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<br />{ Hall ;ate pf Nebrask2. t9-ra * - -- .j _
<br />---Lot One (l), in Is2aad Acres Kumber 3, being a Repeat of Lot F'ifteeo (25 ), is2aad
<br />Acres, a Subdivision, in the City of creed Island, HaL County, Nebraska.---
<br />T4 HAVE AND TQ HQLD THE SA'~E w; d•, t!'e acpur~?fantes G^.ere - ;?:'_-; t _ r- - _ _._ - ,._,ess -a _.d ass:o f~•reaer.
<br />:aid 'ic t a ors hereby cdvenanf w+th s_FC' CoR P + e! +ts ..-Ftessors ~ ^ ass,=rr .~„_-
<br />r g g" ^- ~ ~.. z.e ;a:<r.; ; se~. ~z. c_e s a:
<br />they are free from encunhrances, and that ;haj ,;,. r, ever v ~ .a,: an'_ ce`~rd the • „ t3 ,_,•, ~ ~ uses agasnsi the awtu ~ c: = s c~ al~ ,~r,v ks
<br />,vho-sdeaEr.
<br />Provided. nevdrtre!ess. these presents are :,ec- the fr_ 'oa: ~~ ccnd;t;cr s:
<br />That whereas the sa+d fAortgagdrs as mer~oers ' ~ -;c+z -=eve ih s date executed a ndt- ev e,trng sv,h ..an a^^ zs.ceing t, ;e,:,y =a+d
<br />°um of coney. with interest, ;n payments as se! s;;r- ,~ ;aid nose and have agreed to abide oy the terms of said n^,te are G`:arter and By maws df
<br />Commercial.
<br />That whereas this mortgage shaii secure any additional zdvznces. veldt :merest, which -ay. at the option of Commerna':, t~ ^ade ~ Gam-
<br />merciai to the _nders+gned Mortgagors o-r the+r successors !n t+tle fdr any purpdse. at any time before the release and tanceftatipr, of th+s marigage.
<br />art PROVIDED, HO'fiEVER, at no time shall the aggregate pr,ncieal amdunt secured cry this mdrtgage, be;ng the amount due at any tine >- sand
<br />drrgi;:al note and any additionai advances mace, exceed an amdunt t-qua! tc tiu percent pf the amount of the d:igrnat note, a;t in no ev=- sha'si
<br />said note ozteed the maximum amount perm+tted hr lave. and PROViDEO. HOWEVER, that ncthing herein contained shall as considered ~- ':°sting
<br />tt;e zmpunt th;:' shalt ne severe,; hereby v:hen advanced td prdiect the saturb~ of in attordante with wvenaafs contained in ~_ ortgage.
<br />hew, +f the 5= d '3drigagdrs shaii pay dr cause tp to paid the said sums of mdney when due, as set forth In said note. and any ether note for
<br />additionai advances erode anti! said debt is fully paid with imerest, then these presents shall be void; otherwise, to t>e ana rema'sn in fait force and
<br />effect; but:f default should he made:
<br />(a ~ !n any of the payments due on said note, and any other note fdr additionai advances made. as therein agreed to be made ter three matsths, w
<br />!bi in keeping the improvements on said premises insured against loss by reason of fire, lightning, and other hazards iactuded in exuded
<br />coverage insurance in an amount not Tess than the ~~npaitl balance of said mortgage loan, in a company or companies acceptable td Corn-
<br />merciat, the original of such policy or polities to be held by Cemnierdai, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial; or
<br />'C to the payment of taxes and assessments levied upon saiG premises, or on this mcrtgage, before they are delinquent: or
<br />i'd) Sf there is any change in the ownership df the real estate mortgaged herein; by sale, either outright or a1 and contract, ar by assignment of
<br />any interest thereon or otherwise;
<br />then. in any of the aitddve set-forty events. the whole indebtedness hereby secured she!!, at the option of Commercial, immediately betpm? d!~e and
<br />payable without further notice. and the amount due under said note and any other nose for additionai advances made shaii, from tine date of the exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then ~ fpreciesed to satisfy the ama.nt due on said rd#e, and
<br />any ether note fdr additional advances, together with a!i sums paid by Commercial for insurance, taxes, assessments and abstract extensran charges.
<br />with interest thereon from the date of payment at the maximun legal rate.
<br />PROVIDED that in no event. either before or after default, shaii the interest due under said note and this mortgage and any other note for ad-
<br />ditional advances made exceed the maximum lawful !merest rate.
<br />Pft4VIDED, further, that in Ube event that default occurs in the making df the payments due on said rote, and on any ether note ter additional
<br />advances, as therein agret~i to b~ .;ad=, or in keeping the premises insured, as above provided, ar it default be made rn the payment df the tzxes
<br />dr assessments levied open the premises above described or open th+s mortgage, ~fdre they are b'J law delinquent, Commercial shat; be entitled
<br />to the immediate possession of the premises above-described, together with al! rents, proceeds and issues a:isin? out df the r;e~?:ise=, and _:+ay
<br />in its discretion, use the rents sa far as it deems necessary for the purpose of making repairs upon. me premises and "tor the Gayment dT nsurande
<br />,`-ezB '-"5. taxes 3"~% 3S~?SS";es;t5 ~_- S '~ ,"," `fi3 nd ?^ naracSa eX criSe3 :t'irrcd in rent= ,; r. - - rd r , th -
<br />p .iu... _ '!__ ;: u_:: p~_...i=_ , a ~_. __ ry p r ..:,ng 5,.~., pre i5e8 a„ ,.ptietirng rep. ~rePdm, 8^"
<br />to apply same do said note and any notes ev+denc;ng future advances hereunder until the indebtedness secured is fupy paid; and for such pprpcses,
<br />Yne undersigned does ^ere~ set!, assign set over and transfer unto Gommercai all d said rents. proceeds and incomes including any tend contract
<br />payme;+[s due ,rdrigage >'rne;5 0; any other inv~ es at arrv type whatsoever from said property to be applied do [he notes above-destnbed; ~!i sal'
<br />Commertiatshall in nd case be liable for the fa;lu~e fe procure (epants. to collect rents, or to prosecute actions to recover possession of said premrses.
<br />The Mortgagors further appoint Gommercial of Omaha, Nebraska, their attorney in feet, giving said attorney power irrevotabiy, either on !ts own
<br />name pr Mortgagors' names to take a!I necesszy s±eps for proceed+ngs in covet dr otherwise, tp loose said premises to be vacated, to collect rentals
<br />cr other incomes due, and when vacant, to relet the same. to make all reaso-nable repa;rs and pay taxes cut of said rents, profits, contract payments or
<br />incomes and to do ail such things either by its own officers or by other parties duly authonzed and appointed by it, as its agent fpr said purpose, and
<br />to charge pr pa,• a reasonable fee for such services, all of Cte above to lie done a-f s;:ch limes and in such manner and an such terms as to their said
<br />attcmey may seem best, with full power of substitut+en.
<br />The Mortgagors hereby agree that if Commercial either voluntarily pr rnveiuntariiy becomes or !s made a party to any suitor proceeding rotating
<br />to the hereinbefcre described real estate, or to this mdrtgage or said note or notos, other than a foreclosure instituted by Commercial, i~4atgagors will
<br />reimarrse Gommercial for all reasonable costs incurred by Commercial .r. said suit pr proceeding. The f~ortgagors furffier agree that if the hereinbefore
<br />described real estate or any part thereof be tdndemned under the power of eminent domain, pr is otherwise acquired fcr a public use, the damages
<br />awarded, the proceeds for the taking, and for the consderation tar such acquisit;en to the exten{ of the fait amount of ±he remaining unpaid indebted-
<br />ness s=cured bl' this mortgage. ~, and they hereby are. assigned to Cpmmertiai and shall be paid forthwith to Commercial to be applied on account of
<br />the last maturing instaitments of such indebtedness.
<br />Dated this 26th day of November 19 79 (and the corporate seal of said
<br />Octagon Investments, Inc., a Nebraska Corporation)
<br />iN THE PRESENCE OF: Octagon Investments, Inc. -
<br />Q _ '
<br />Ronald L. Smith sident~ ~ -
<br />- STATE OF NEBRASKA j~ ° t ~
<br />SS. Attest h ="_". .:~r~:yr....i3~:~~~-~-'.'
<br />COUNTY OF HALL n-r~f ~ `7' ~ 5 {
<br />~7 ~ Donna H. 3anisch' Treasurer ~'
<br />Qn this _~ ~.. day of November rg 79 t;efore rne, a nofary public in and fdr said County, personally tame
<br />the above-named Ronald L,. Staith, President, and Donna M. 3aaisch, Treasurer of Octagon
<br />Znvest~ats, Inc.,a Nebraska Corporation.
<br />rtl me well Known to be the iCentital person or persons whose na;ro is dr natces are affixed td the above mortgage as granter pr grantors and d?ey, he
<br />pr she, severally acknowledge the said instrument and the execution thereof; t^_ lie their vdiuatary act and deed. as such officers and the
<br />voluntary act and deed of said carparatian, by them in their official capacity dens and
<br />WtTf:ESS +~~y hand env hotariat Seal this day - '_-• -`_ - .. ;•-- ~ executed.
<br />_ fltM~ tfNaear --9Pr/~~ ~~--r~_
<br />p ~~ "s i _~~.5 Notary P:!hi+t ~--------~
<br />fM cdr;mrss?dn ex +res on fix is ;9.5;:
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