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{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 />