{f} in performing any of *_he farms ar conditions o the Si:ilding Loan ~greemer,t
<br />between the parties hereto,
<br />then, in any o. the above set-forth events, the whole indebtedness heresy secured
<br />she?l, at the option of Commercial, immediate?y became due and payable without
<br />further notice, and the amount due under said note and any other note far addi-
<br />tional advances made, together with all sums said by Commercial for insurance-,
<br />taxes, assessments and abstract extension charges, shaT1, from *-he da*_e of the
<br />sxercise of said option, bear interest at 17 percent per annum, and this
<br />mortgage may then be foreclosed to satisfy such amoun*. due.
<br />PROVIDED, that in no event, either before or after default, shall the in-
<br />terest due under said note and this mortgage and any other note for additional
<br />advances made exceed the maximum lawful interest rate.
<br />PROVIDED, further, that in °he event that default occurs, in performing
<br />arty of the terms or conditions of the Building Loan Agreement.between the parties
<br />hereto, in making of the payments due on said note, and on any other note for
<br />additional advances, as therein agreed to be made, or in keeping the premises
<br />insured, as above arovided, or if default be made in payment of the taxes or
<br />assessments levied upon the premises above described or upon this mortgage,
<br />before they are by taw delinquent, Commercial shat] 6e entitled to the immediate
<br />possession of the premises abeve-described, together with a1? rents, proceeds
<br />aid issuss arising out of the premises, and may in its descretion use "the- rents
<br />so far as it deems necessary for the purpose of making repairs upon the pre-
<br />mis'es' and for the payment of insurance premiums, taxes and assessments upon
<br />such premises, and for necessary expenses incurred in renting said premises
<br />and collecting rent therefrom, and to apply same on said note and any Hates
<br />evidencing future advances hereunder until the indebtedness secured it fatly
<br />paid; and for such purposes the undersigned does hereby sett, assign, set over
<br />and transfer unto Commercial all of said rents, proceeds and incomes of any
<br />type whatsoever from said property to be applied on the notes above-described;
<br />but said Commercial shat] in no case be liable for the failure to procure ten-
<br />ants, to collect rents, or to prosecute actions to recover possession of said
<br />premises.
<br />The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney
<br />in fact, giving said attorney power irrevocably, either on its own name or
<br />Mortgagors' names to take ail necessary steps far proceedings in court or other-
<br />wise, to cause said premises to be vacated, to collect rentals or other incomes
<br />due, and when vacant, to reset the same, to make all reasonable repairs and pay
<br />*_axes out of said rents, profits, contract paymen*_s or incomes and *_o do all
<br />such things either by its own officers or by other artier duly ,.,.t::ori~sd and
<br />appointed by it, as its agent for said purpose, andrto ;.harge or1pay a reeson-
<br />able far for such services, all of the above to be done at such times and in
<br />such manner and on SllSh termc ac to their ca in attar.^. e`: ..,ay se°^: Wiest, .., ,. ,~
<br />foil power of substitution.
<br />The Mortgagors hereby aeree that if Commercial either voluntarily o° in-
<br />voluntarily hecames or is made a party to arty suit or proceeding relating tc
<br />the hereinbefore described real estate, or to this mortgage or said note or
<br />notes, other than a foreclosure instituted by Commercial, Mortgagors will re-
<br />imburse; Commercial for all reasonable costs incurred by Commercial in said suit
<br />or proceeding. The Mortgagors further agree that if the hereinbefore described
<br />real estate or any part thereof be condemned under the power or" eminent domain,
<br />or is otherwise acquired for a public use> the damaees awarded, the proceeds
<br />for the taking, and far the consideration for such acquisition to the extent
<br />of the fu11 amount of the remaining unpaid indebtedness secured by this mortoage,
<br />be, and they hereby are, assigned to Commercia] and shall be paid fcrthwi*_h to
<br />Commercial to be applied on account of the last maturing installments of such
<br />indebtedness. -y~
<br />Dated this ~`~~ day of X22-t~-Y+~-~'`- ,9 80 .(and the corporate seal
<br />o€ said Buck's Roving and Storage, Inc „ a corporation
<br />.,
<br />IN THE PRES-c"lCE OF: ,-~ . t, a~ckss Novi and.~torarze, Inc,
<br />N ~ B~uok,, 8resident
<br />&~~~'~`t.. Betty J uck, Secretary
<br />~y~cr~
<br />
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