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<br /> 77.�0�'�26 EXPANDABLE MORTGAGE
<br /> ASSIGNMENT OF RENTS Loan P1o. 43367-3
<br /> KNOW ALL MEN BY THESE PRESENTS:That Donal d P. Drahota and Jane ��. Drahota, husband and 4ii fe
<br /> (hereina(ter calied the Mortgagors)in consideretion oi Ihe sum o(
<br /> Thirty—Two Thousand and no/100------------------------------------ Dollarsi532 000.00----1
<br /> r loaned[o Morigagors,do here6y grant,bargain,sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOG�IATION of Omaha,
<br /> I Nebraska, (hereina(ter calied "Commercial"), its successors and assigns, the following tlescribed real eslate, situatetl in the Counly o(,
<br /> Ilal l Slate of Nebraska,to-wit:
<br /> Lot eight (II) in Capital Neights Sixth Subdivision, being a part of the
<br /> Southwest Quarter (SW;) of Section Two (2), Tovmship eleven (11), tJorth,
<br /> Range ten (10) 41est of the 6th P.ti., in flall County, P�ebraska:
<br /> TO HAVE AND TO HOLD THE SA�dE, with the appurtenances lhe�eunto helonging, unto Commercial, ils successors and assigns,(orevei.
<br /> Saitl Idor(gagors hereby covenant wilh said Commercial,its successors antl assigns,that hiorlgagors are lawfully seized o(said premises,that
<br /> ihey are free from encumbrances,and lhat Ihey will (orever warrant and defend the tille to said premises against ihe law(ul daims of all persons
<br /> whomsoever.
<br /> Providetl,nevertheless,Ihese presents are upon ihe(ollowing condilions:
<br /> That wheteas ihe said Idortgago�s as memhers o(Commercial have lhis date executed a note evidencing such loan and agreeing to repay said
<br /> sum of money,wi�h interesl, in payments as set(orth in saitl nole and have agreed to abide by ihe teims of said note and Charler and ByLaws of
<br /> Commercial.
<br /> Thal whereas ihis mortgage shall secu�e any additional advances,wilh interest,which may,at lhe oplion of Commercial,be made by Com�
<br /> mercial lo the undersigned 61ortgagors or lheir successms in title tor any purpose,al any lime before ihe ielease and cancellalion of this mortgage,
<br /> bul PROVIDED,HOI4EVER,at no time shall lhe aggregate principai amount secured by this mo�lgage,being lhe amount due al any lime on said
<br /> original note and any additional advances made,exceetl an amounl equai to 110 percenl of the amount of the o�iginal note,but in no event shall
<br /> said note exceed the maximum amounl pe�mitted by law,and PROVIDEO,NOIYEVER,ihat nothing herein conlainetl shall be considered as limiling
<br /> the amounl ihal shall be secured hereby when advancetl lo prolecl lhe security or in aceordance with covenants conlainetl in Ihe mortgage.
<br /> Novr, il lhe said hlortgagms shall pay or cause to he paid the said sums of money when due,as set forth in said nole,and any other note for
<br /> additional advances made until said deht is(ully paid wilh inlerest,lhen these piesents shall be void;otheraise,to 6e and remain in(ull(o¢e and
<br /> ellect;but it default shouid be made:
<br /> (a) In any of the paymenls due on said note,and any other note for additional advances made,as lherein agreed to 6e made lor ihree months,or
<br /> (b) In keeping the improvements on said premises insured against loss by reason of(ire, lighlning,antl other hazards induded in extended
<br /> cove�age insurance in an amount nol less than the unpaid balance ot said morlgage loan,in a company or companies acceptable lo Com-
<br /> merciai, the o�iginal of such policy or poiicies to b�held by Comme�cial,and with a mortgage clause altached lo saitl policy or policies,
<br /> in favor of Commercial;or
<br /> I (�) in the paymenl of taxes and assessments levied upon said p�emises,or an this mortgage,before ihey are delinquent;or
<br /> � (dl If lhere is any change in the ownership of ihe real estate mortgaged herein,by sale,either oulrighl or 6y land conhact,or by assignment of
<br /> any interest thereon or olherwise;
<br /> then, in any of the above setdorth evenis,lhe whole indebtedness here6y secured shall,at lhe option oi Commercial,immediately become due and
<br /> payable without further notice,and the amounl due under said note and any other note for additional advances made shalL trom the date of lhe exeitise
<br /> of said option,bear inletest at Ihe maximum legal rate per annum,and this mortgage may Uien be(oreclosed to satisty the amount due on saitl nole,and
<br /> any other note for additional ativances,logelher with all sums paid by Commereial for inswance,laxes,assessmenls and abstract eztension charges,
<br /> with interest thereon trom ihe dale o(payment at ihe maximum legal raic.
<br /> PROVIDED that in no evenl,either 6etore or after default.shall the interest tlue under saitl note and this morlgagPantl any othcr note for ad�
<br /> dilional advances matle eaceetl Ihe mazimum lawlul interest rale.
<br /> `' PROVIDED,furlher,thal in the event Ihat default occu�s in the making ot the payments due on said note,and on any other note lo�a7ditional
<br /> advances, as ihe�cin agreed to 6e made, or in kceping the p�emiszs insured, as a6ove provided,or i(de(aull 6e made in ihe paymenl ot Ihe tazes
<br /> � or assessmenls Ievied upon ihe premises a6ove described or upon this morlgage, before lhey are by law delinquent,Commercial shall be entiUed
<br /> lo the immediale possession of Ihe premises above described, togelhe� �vith all rents, proceeds antl issues arising out of the premises,and may
<br /> in ils discretion use the rents so lai as it deems necessary(or the purpose oi making�epairs upon the premises and tor the payment of inwiance
<br /> premiums,lazes antl assessmenis upon such premises,and tm necessary ezpenses incur�ed in renting said premises and collecting rent there(rom,and
<br /> lo apply same on said nole and any notes evidencing future advances hereunder untit Ihe indebledness secured is fully paid;and for such purposes,
<br /> lhe undersigned does heretry sell,assign,sel over and ttansfer unto Commercial all of said renls,proceeds and incomes including any land contract
<br /> payments due mortgage owners or any olher incomes oi any type whalsoever from said property to 6e applied on the notes above�described;but saitl
<br /> Commercial shall in no case be liable lor the(ailwe to procure tenanls,lo collecl rents,or Io piosecute a�tions to recover possession of said premises.
<br /> ` The hlortgagors lurlhei appoinl Commercial of Omaha,Neb�aska,their attorney in(act,giving said attomey power irrevo�ably,either on its own
<br /> i name o��dorlgagms'names lo lake ail necessary steps lor pmceedings in courl or othe�wise,lo cause said premises to be vacated,to collecl renl�is
<br /> ; or other incomes due,and when vacanl,to relet the same,to make all reasonable repairs and pay taxes out of said rents,piofifs,coniract payments or
<br /> incomes and to do all such lhings either by ils own olficeis or by other parlies duly authorized and appoinled by ii,as its agent tor said purpose,and �
<br /> lo charge or pay a reasonahle fee for such se�vices,all of the ahove to be done at such limes and in such manner antl on such terms as lo iheir said
<br /> atforney may seem besl,wilh full powe�of subslilution.
<br /> The Idorigagors hereby agiee ihat ii Commercial either volunta�ily oi involuntarily becomes or is made a�arty to any suit or proceeding relaling �
<br /> to Ihe hereinbefore described ieal estate,or to lhis mo�tgage or said note oi noles,other Ihan a imeclosure iaslituled by Comme�cial,Mortgagors will
<br /> �eimburse Commercial for all reasonable cosls incurred�y Comme�cial in saitl suit or proceeding.The 6lorlgagois further agree thal il the hereinbelore
<br /> described real estale or any parl lhereof be condemned under lhe power of eminent domain,or is otheiwise acquired tor a public use,the damages
<br /> awaided.Ihe proceeds fo�lhe taking,and for lhe consitleration fo�such acquisition to Ihe ezlent of the full amount of lhe remaining unpaid intlebted�
<br /> ness secured�y Ihis mortgage,be,and they hereby are,assigned to Commeicial and shall be paid forthwith to Commercial to be applied on atcount of
<br /> the last maturing installmenis of such indebledness.
<br /> Datetlthis 17th dayof hlovember ,19Z�. r-
<br /> IN R SE E OF: -� � - —
<br /> /�,��� ��`�� Donald P. Drahota �
<br /> . \� ( _ _ � ...\v,� �—���� _.'i , _ r ~�
<br /> Jane �1. Drahota � = '.� •�,"�'
<br /> STATE Of NEBRASKA �' N�",-
<br /> � ss. � r..'-
<br /> COUNTY OF Hdl l � ; , ;4
<br /> � On this�h _da of—P 0 Cmbe�, �g 7] ,befoie iae,a nctar ,h,j �
<br /> y y pu6lic in and(or saitl Counry,personally came �
<br /> Ihe ahove•named
<br /> Donald P. Drahota and Jane P1. Drahota, husband and i�ife
<br /> to me vrell knov+n to be lhe idenlical person or persons whose name is oi names are a((ixed to the above mo�lgage as grallo�oi giantois and they,he �
<br /> or she,severally acknowletlge Ihe said ins liao.Jtwioc r volunla�y act and deed.
<br /> HAROLD C:RICHTE
<br /> V. WITNESS my hand and No�atial Seal ihis d �;last a��r�{R�e�OTARY �
<br />�w STnTE Of tiEBRASKA _ /Jl'�/.����-��
<br />� My Commission Ex .Se L 29, 1979 Notary Public �
<br />�` 61y commission eapires on the Z9th` day o( ep_em er ,�g 7�?. Id 50
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