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.a'~-~.~,~~,~ EXPANDABLE ~IORTG~G~ so44o 7 __
<br />ASSIGNMENT OF RENTS Loan No. ____=~_,.,-, __
<br />ISNOkV P.LL MEN 8Y THESE PRESENTS: That LumieY^"Lars yr" kliller a*nd Isabelle T'. Miller, husband and' wife.
<br />{here6'natter calped the'~~Mortgag',orsj in donsideration'~,df tho supil df'~
<br />f"t>I't thousand dollars and No{100 -,--»-- - --,---- -- - _r Dollars t3e~40 b00 OUP'*)
<br />loaned to Mortgagors, do hereby grant, bargain, sell anr} convey unto COMMERCIAL FEDE3AL SAVINGS AND LOAN ASSOCIA~tON o~ Omaha.
<br />Nebraska, (hereinafter caned "Commercial"), its successors and assigns, the following described real estate, situated in the County of.
<br />HALL State of Nebraska, to-wit:
<br />--Lot Two Hundred Twenty-Seven (227), in Nest Lawn, in the City of Grand Island, Hall Couaty,
<br />Nebraska.---
<br />TO HAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commeraal. its successors and assigns. forever.
<br />Said tortgagors hereby covenant with said Commercial, its successors wad assigns, that Mortgagors are lawfully seized of said premises, that
<br />they are free from encumbrances, and that they will forever warrant and defend the title to said premrses against the lawful claims of aH persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the following 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 or money, with !merest, in payments as set forth in said note and have agreed tc abide by 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, of the option cf Commerc!al, be made by Com-
<br />merc!al to the undervgnad Mortgagors or their successors in title for any purpose, at any bme before the release and cancellation of this mortgage,
<br />but PROVIDED. HOWEVER. at no time shall the aggregate principal amount secured by this mortgage, ue!ng the aeaur.t due at any time on said
<br />ongrnal note and any additional advances made, exceed an amount equal to 110 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, HOWEVER, that nothing herein contained shall be considered as limiting
<br />the amount that shall be secured hereby when advanced to protect the security or m accordance with covenants contained in the mortgage.
<br />Now, if the safe tdortgagors shall pay or cause to be paid the said sums of money when due, as set forth in said note, and any other note for
<br />addibonal advances made until said debt is fu!ty paid w!th interest, then those presents shall be void: otherwise, to be and remain in full forte and
<br />eNect; but it default should be made:
<br />tai In any of the payments due on sold note. and any other note for additional advances made, as therein agreed to be made for three months, or
<br />ibt to keeping the improvemanis onsa!d premises insured against lass by reason of fire, fighfning, and other hazards included in extended
<br />coverage insurance .n an amount not less than the .unpaid balance of said mortgage loan, in a company or companies acceptable to Cum
<br />menial, the ongrnal of such policy or policies to t>s held 6y Commercial, and with a mortgage clause attached to said policy or policies.
<br />m favor of Commerc!ai: or
<br />.c~ In the pay^.ient of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or
<br />r.d) If there is any change in the ownersh p of the real estate mortgaged herein, try sale, either outright or by land contract, or by assignment of
<br />am interest thereon or otherwise;
<br />then, m any of the above set-forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately become due and
<br />payaoie without further notice, and the amount due under said note and any other note for additional advances made shah, from the date of the exercise
<br />of sold option, bear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy rho amount due on said note. and
<br />any other note for add!tionai advances, together w!th all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges,
<br />with !merest thereon from the date of payment at the maximum legal rate.
<br />PROVIDED that in no event, either before or after default, shall the interest due under said note and this mortgage and any other note far ad-
<br />ditional advances made exceed the maximum lawh!i interest rate.
<br />RROVIDED, further, coat in the went that detautt Decors in the making of the payments due on sold note, and an any offer ogre f<u ~a'rfr~ai
<br />advances, as thereto agreed to he +r.;rde or !n weeping the premises inwred, as apse pr;,rded, ~ if detautt be n,~e in ~e xay~t~t of tP.e a,es
<br />or assessments levied upon the ,,^,remises above described or aeon this mortgage, before they are bg few detrnquent, Cornmerc+at shat? f>p enhttt'd
<br />to the immediate possession of the premises above-destri bed, Idgether with all rents, proceeds and issues arising out cf the ;uernises, and rca'i
<br />in its discretion use the rent; se far as it deems necessary fw the purpose of making repairs upon the pre+°ise5 and fir ttre,~aY=:!e+it tf iasurar~e
<br />prem!ums, taxes anC assessments ucan such prem!S4S, and for r?etessary eXperrSeS incarred rn rent'-rig said ,r@~t5e5 an;t c _~fi~g ~*! tti~t,'r
<br />t aid
<br />to apply sane cn sari! note and airy notes ewdent,nng (:;tore advances hereunder until the Indebtedness secured !s iuty paid: and for such purposes.
<br />orders gnu ~ r. d, re.i, assign, set o.er and frditsfer unto Commetriat ail of ;aid roots. p,ds; ~•ds ~ ir~`ci including ~:y .~.;r; c~it;act
<br />Fyn+gntg d+,e -, +gaL ~ +,~ ~:r any ott!e~ nr„es of aay-type whatsoever from sa}d property ~ ~a^«p!;~d~~+r-.,# a~~doScr~i~d t>tt~id
<br />Comnierrratshaliin no rise qe riabit, foi the faihue to procure tenants, to collect rents, or to prosecute adtlons to recover pdssessran of said prises.
<br />Tho Mortgagors further aptx:pint Camn;eraal of Omaha, Nebraska, their aitarney in tact. g+ving said attomey pawor irrevoeabty, erttter on its own
<br />name or Mortgagors' names to taae alt necessary steps for proteedlrtgs in court or otherwise, to cause card premrses to rte vacated. td teller! ren~fs
<br />or other incomes clue. and when vacant. t.• refer the sane to make all reasonable repairs and pay taxes cwt of sa?d cents, prehts, cuntratt payments or
<br />incomes and to da al; such things either by its own officers or by other parties duty authored and appointed ey It, as ifs ant for said purp4s8, aatf
<br />to charge or pay a reasonable tee ter such services. all of the above to be done at such times and m such manner and on such terms as 2d their said
<br />attorney may seem best w!tli full power of subsbtubon.
<br />The Mortgagors hr~reby agree that if CJmir:en:ial erhrer voluntan.y or involuntarily becomes or is made a carp to ark sort or prdce€xlrng relating
<br />to the herembpfare desruhed root estate or to this mortgage or said note or notes, other than a foreclosure !nstih;fetf di C~mrraat, lAprtgagots wit(
<br />lermlUrse D9mmettiai fair aH reasonable casts rnC!nr?~ by C~nm2rria! m said wit er proteCdiag. Tb,e M;,rtga~trs farther a~e€ fat rf the herErnt!r-fore
<br />doscnbod goal estate ~x auy part thereof to Condemned under the power of emroent domain, or rs ctherwrse xquued for a pub!!! use. the damages
<br />awarded, the proceeds foi the faking, wad for the roosiderabon for such acpuisition to the extent of trio full amount of Iho renainrng unpaid indebted-
<br />ness secured by this mortgage, tw. and they hereby are. assigned td Commertiat and shalt be paid for~wrpr to fnrertrat to ~ applied an dtcarmf of
<br />the last maturing inst<U imenls ut 3u~h indebtedness.
<br />Dated this 10th ~Qatj of .-------- Jan.!a~#~Y-_.._.19.80 _ ,
<br />~, E
<br />r -
<br />HQ THE PRESENCE reF / , J~;,~ _ k _ r _~~ •
<br />- -
<br />L f' -_ ~ ,
<br />r , ~, x~, _ ~ Luorier" ' I4il).sr - ---
<br />-F- +y' ,
<br />„ f
<br />~.~. ~.._.., e.__._._ __ _ __. _. _ .__. -_~.~._~ Isabelle T. !filler
<br />STATE Of NEFiRASKA
<br />COt1NTY OF HALL ss _- --.__._,__.____._.._____.._,_.___...._.
<br />, Janua
<br />On this _.._ ..10th day of - ~ _T___ , 19 80 , before me, a notary public in and for said County, personalty came
<br />the above•namert L•stnier"harry" Miller and Isabelle ~', Miller, husband and wife.
<br />to me welt know a th idwr is i erson or persons whose name is or names are affixed to the above mortgage as grantor a grantors and they, h?~
<br />or she, several ac exeruhon thereof, to be their voluntary art and tleod. -!•`
<br />WITNESS ;ny h '.!~ t abovewritten. ~._•r+~~~'` ~
<br />,~ r.~ ___. '1_ .Sf.. __ _ __.__ _...
<br />~ zr^-ra,;,~ // ~ _ , .~,.. ~r Notary Public,
<br />MY corntmssion oxpires on the .. _e-. _ ~_~...._.._day ot~'~~_~;L_'~!___._ 13#=1._. h9 5tt
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