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<br /> ]7-�>U6724 EXPANDABLE MORTGAGE 31II�4f;2-0
<br /> ASSIGNMENT OF RENT$ Loan No.
<br /> KNOW ALL MEN BY THESE PRESENTS:That Evelyn Ft. Tuma, a si.nc�le Pers�o�
<br /> `herema er ca led t e origagors)in consideration ot lhe sum ol
<br /> Twenty–Eight Thousand fJine flundred and no/100---------------------Dollarsls 28 900.00----1
<br /> loaned to Morigagors,do hereby grant,bargain,setl and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOC�ATION of Omaha,
<br /> Nebraska,(hereinafter called "Commercial"), its successors and assigns, ihe (oilowing described real estate, situaled in the Counly ol,
<br /> Ndl l State of Nebraska,to•wit:
<br /> Lots eleven (11) and thirteen (13) except the south fourteen feet (S14')
<br /> of Lot thirteen (13) in alock eighteen (13) in Scarff's Addition to 41est
<br /> Lawn, in the City of Grand Island, Hall County, (;ebraska. .
<br /> TO NAVE AND TO HOLD TNE SA�dE, wilh Ihe appu�tenances thereunlo belonging, unro Commerciai, ils successo�s and assigns,(oiever.
<br /> Said Mortgagors hereby covenant wilh said Commercial,its successors antl assigns,ihat hlorlgagors are lawfu�ly seized of said premises,thal
<br /> ihey are free from encumbrances,and that ihey wili forever wa��anl and defend the title lo said premises againsl the lawful claims of all pe�sons
<br /> whomsoever.
<br /> Provided,neve�lheless,ihese presenls are upon ihe(ollowing conditions:
<br /> That whereas the said Morlgagors as members o(Commeicial have this date executed a note evidencing such loan and ag�eeing lo repay said
<br /> sum of money,with interesl,in payments as sel forlh in said note and have agreed lo abide bj�he terms of said nole and Cha�ler and ByLaws ot
<br /> CommerciaL
<br /> That whereas this moitgage shall secure any additional advances,with inte�esl,which may,at lhe option of Comme�cial,be made by Com-
<br /> me�cial to lhe undersigned 69oitgagors or thei�successors in tiUe fo�any purpose,at any lime belore the ielease and cancellation ot this morlgage,
<br /> bul PROVIDED,HOWEVER,at no time shall lhe aggregate principal amount secwed 6y this morigage,being the amount due at any time on said
<br /> original note antl any additional advances made,exceed an amount equal to 110 percent o(!he amount of ihe oiiginai nole,hut in no event shall
<br /> said nole exceed lhe maximum amounl permilted by law,and PROVIDED,HOWEVER,ihat nolhing herein contained shail be consitlered as limiting
<br /> lhe amount that shall be secwed hereby v�hen advanced to protect lhe security or in accmdance wilh covenants conlained in the mmtgage.
<br /> Now, ii ihe said�dartgagors shall pay or cause to be paid Uie said sums of money when due,as set forth in said note,and any other nole tor
<br /> addilional ativances made until saitl debt is blly paid with inlecest.then Ihese presents shall be void;otherxise,to 6e and remain in tull torcc and
<br /> elfecf;but il defauli should be matle:
<br /> (a) in any o(lhe payments due on said note,and any olher nofe(or additionai advances made,as iherein agieed to be made tor three months,or
<br /> (h) In keeping the improvemenls on said premises insured against loss by reason of (ire, Iightning,and olher hazards includetl in extended
<br /> coverage insurance in an amount not less than lhe unpaid baiance o(said morlgage loan, in a company or companies acceptable to Com•
<br /> ! mercial, the o�iginal ot such policy or puiicies to b�held by Commercial,and with a mo�tgage clause altached to said policy or policies,
<br /> in favor of Commercial;or
<br /> � (c) In lhe payment of tazes and assessments levied upon saitl premises,o�on this morlgage,before Ihey are delinquent;or ,
<br /> ' (d) I(Ihere is any change in lhe owneiship o(the�eal eslate mortgaged herein,by sale,eilher outrighl or by land�onUact,or by assignment of
<br /> any interest thereon o�olhe�wise;
<br /> Ihen, in any of lhe above sel•(orlh events,ihe whole indebtedness he�eby secured shail,at the oplion of Commercial,immediately become due and
<br /> payab�e wilhout fudher notice,and the amount due untlei said note and any other note for additionai advances matle shall,f�om Ihe date of fhe exercise
<br /> ot said option,bear inle�esl at lhe maximum legal rale per annum,and ihis morigage may lhen be fareciosetl lo satisfy lhe amount due on said note,and
<br /> any other note Im addilional advances,logelher with all sums paid by Commercial(or insurance,laxes,assessmenls and a6stract exlension cha�ges,
<br /> with iote�est thereon from Ihe date ot payment at ihe maximum legal rate.
<br /> � � PROVIOED lhat in no event,either be(ore m aitcr default,shall lhe interest due untler said note antl lhis moitgage and any olher note lor ad�
<br /> ditionai advances made exceetl lhe maximum lawlul interesl rale.
<br /> PROVIDED,(urther,ihat in the evenl that default occu�s in lhe making of ihe payments due on said nole,and on any olhe�note for addilional
<br /> advances, as lhe�ein agreed to 6e made, or in keeping ihe premises insured, as above piovided,or if default be made in thc payment of lhe taxes
<br /> ' ' or assessments levied upon Ihe premises above described or upon this mortgage, 6etore they are by law delinquent,Commercial shall be enlitled
<br /> to the immediale possession o(the premises above-0escribed, logether with all rents, pio�eeds and issues arising oul of the piemises,and may
<br /> in its discretion use the rents so far as il deems necessary for the pu�pose ol making repaits upon Ihe premises and for lhe payment of insutance
<br /> premiums,taxes and assessments upon such premises.and for necessary expenses incurred in ienimg said p�emises and collecting ient therefrom,and
<br /> to apply same on said note and any noles evidencing(ulure advances he�eunde�until lhe intlebtedness secured is fuily paid;and for su�h purposes,
<br /> Ihe undersigned does hereby sell,assign,sel over and trans(er unlo Commeicial all of said rents,proceeds and incomes inc�uding any land contract
<br /> paymenls due mortgage owners or any other incomes of any type whalsoever trom said property to be applied on the noles a6ove�descrihed;but said
<br /> , Commercial shall in no case be liable(or the(ailure to procwe tenanls,lo collect�enls,or to proseale aclions to recover possession of said premises.
<br /> ` The�Aaitgagois(wthe�appoinl Commeicial o(Omaha,Nebraska,iheir altomey in facl,giving said altomey power irrevocably,eithei on its o��vn
<br /> y name or Mortgagors'names lo take ail necessary steps for pro�eedings in courl or otherwise,to cause said premises to be vacatetl,to collecl�enlals
<br /> or olhe�incomes due,and when vacanl,lo relet the same,to make all reasonable repai�s and pay tazes out of said renls,profits,contracl paymenls or
<br /> incomes and to do all such things either by ils own otficers or by othe�parties duly authorizetl and appointed by it,as its agenl tor said purpose,and
<br /> ; to charge or pay a reasonable tee for such seivices,all of Ihe ahove to be done al such times and in such manner and on such lerms as to thei�saitl �
<br /> altomey may seem best,with(ull power of suhstitulion.
<br /> The Idortgagors hereby agree lhat it Commercial either volunla�ily o�mvoluntarily becomes o�is made a party to any suit or proceeding�elating •
<br /> to the heieinbelore des�ribed real estate,or to this moitgage or said nole oi notes,olher lhan a foreclosure instituled by Commeicial,�lortgagors will
<br /> reimburse Commeicial for all reasonable costs incarred by Comme�cial in said suit ot proceeding.The 1,iortgagors furiher ag�ee lhat if the hereinbefore
<br /> described real estate or any part lhereoi�e condemned under the power ol eminent tlomain,or is otherwise acquired for a public use,the damages
<br /> awa�ded,the proceeds lor ihe taking,and(or the consideration for such acquisilion lo ihe exlent of the lull amounl o(lhe remaining unpaid intle6tee�
<br /> ness se�uretl by this morlgage,be,and they hereby are,assigned lo Commercial and shall be paid fmlhwith to Commercial to 6e applied on accounl of
<br /> lhe last maturing installments oi su�h indebtedness.
<br /> Dated ihis 17th tlay of_"1nv�mhrC ,19._IL. �---�
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<br /> IN R 5 CE OF: _ �'�'� '�" ' �� "� y'"�'�
<br /> �`�� ^��� Eve yn hl. Tuma . . .
<br /> "* � �� �-..�
<br /> � STATE OF NEBRASKA N
<br /> ss. I s`: � �
<br /> COUNTY OF lidl l
<br /> !g' :
<br /> ' On this_�7_tlL_day of—I10Y.0IDk1Pr , 197L,before me,a notary pu6lic in and for saitl County,personalty came � ' .
<br /> ihe above�named
<br /> Evelyn t4. Tuma, a single person i
<br /> to me well known lo be lhe identical person or petsons whose name is or names are affixed to the above moilgage as grantor or grantors and thcy,he , .
<br /> ot she,severally acknowletlge the said inslrument and the execution thereot,to be Iheir volunlary acl and deetl.
<br /> NAROLD C:RICHTER �;����� >
<br /> WITNESS my hand and Notarial Seal this da d year Ias���y�it�QT�RY �
<br />� SiATE OF NEBRRSKA Notary Pubiic L� �
<br /> Comm slp Ex . n !d 50
<br />�� Idy commission expires on the 2�y-� ---- 191---•
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