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<br /> � '77- �05�J�E� �
<br /> EXPANDABLE MORTGAGE 43035-8
<br /> ASSIGNMENT OF RENTS Loan No.__
<br /> KNOWALLMENBYTHESEPRESENT3: 7hat Richard E. Voss and Sandra K. Voss, husband and wife
<br /> Thirty-One Thousand Nine Nundred dnd no/1fl0---�hereinafter called the Mortgagors)in consideLatiQq Qf the sum of
<br /> - --Dollars(5 31,yUU.00----)
<br /> loaned to Moftgagors,do hereby grant; bargain; sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha,
<br /> Nebraska, (hereinafter called "Commercial"), its successors and assigns, the following described real estate, situated in the County of,
<br /> r ` Hdl l ` State of Nebraska;to-w'rt
<br /> '•' The Wesferly"Sixty-0ne (61) Feet of the Easterly Seventy-Four {74) Feet of Lot
<br /> Twelve (12), in B1ocK One (1), Westerhoff's First Subdivision, consisting of a17
<br /> of Lot 23 and Part of Lot 24 of Island Acres, iri the 4lZSH14 of Section 8 and Part
<br /> of Fractional Lot 2 ofi Section 7, Township ll North, Range 4 West of the 6th P.M.,
<br /> Hall County, Nebraska.
<br /> TO HAVE AND TO NOCD THE SAME, with the appurtenances thereunto belonging, unto Commercial, its successors and assigns, forever.
<br /> � Saitl Mortgagors hereby covenant with said Commercial, its successors antl assigns, that Mortgagors are lawfully seizedb(said premises,that
<br /> they are free from encumbrances, and that they will forever warrant and tlefend the title to saitl premises against the lawful claims of all persons
<br /> whomsoever.
<br /> }
<br /> Provided;nevertheless,these presents are upon the following contlitions:
<br /> >That whe�eas the said Mortgagors as memhers of Commercial have this date executed a note evidencing such loan and agreeing to repay saitl
<br /> sum of money, wiUi lRtBfBSI, in payments as set iorth in said note zrtd have agreed to abide by the terms ot said note and Charter and B;�-Lawsbf
<br /> :- Commercial.
<br /> That whereas this mortgage shall secure any additionai advances, with interest, which may,at the option o(Commerciai,6e made by Com-
<br /> merciai to the undersigned Mortgagors or their successors in title for any purpose,at any time before the release antl cancellation of this mortgage,
<br /> but PROVIpED, NOWEVER,at no time shall the aggregate principal amount secured by this rnortgage, being the amouni due at any time on said
<br /> }; original note and any additionai advances made, exceed an amount equal to 110 percent of ihe amount of the original note,but in no event shall
<br /> said note exceed the maximum amount pem�itled by law,and PROVIDED,HOWEVER, that nothing herein contained shall be considered as iimiting
<br /> Yhe amount that shall be secured hereby when ativanced to protect the security or in accoidance with covenants contained in the morlgage:
<br /> Now, if the saitl Mortgagors shall pay or cause to �e paid the said sums of money when due,as set forth in said note,and any other note for
<br /> additional adva�ces made until said tlebt is fully paid with interest, then these presents shall be void;otherNise,to be and7emain in full force and
<br /> effect;but if tlefault should be matle;
<br /> ia) Jn any of Ihe payments due on said note, and any other note for additional advances made,as therein agreed to be made for three months,or
<br /> (b) In keeping tlie improvements an said premises insured against loss by reason of fire, lightning, and other hazards includetl in extentled
<br /> coverage insurance in an amount not less than lhe unpaitl balance of said mortgage loan, in a company or companies accepta6le to Com-
<br /> mercial, the original of such policy or policies to be held by Commercial, and with a mortgage clause attached to said policy or policies,
<br /> in favor of Commercial'or
<br /> � (c) In the pay[nent of taxes and assessments levied upon said preinises,or on this mortgage,before they are delinquent;or
<br /> � (d) If there is any change in the ownership of the real estate mortgaged herein, by sale,either outright or by land contract,or by assignment of
<br /> any interest thereon or otherwise;
<br /> ' : then, in any oP the above set-(orth events, the whote indebtedness hereby secured shall, at the option of Commercial, iminediately become due and
<br /> payabie without further notice,and the amount due under said note and any other note for additional advances made shall,from the date of the exercise
<br /> � of-said oplion;bear interest at themaximum legal rate per an�um,and this mortgage may then be foreclosed to satisfy the amount due on said note,antl
<br /> ; ; any other note for adtlitional advances, together with all sums paitl by Cominercial for insurance, taxes,assessments and ahstract extension charges,
<br /> = wiih interest thereon from the date of payment at the maximum legal rate.
<br /> PROVIDED that in iio event, either before or after de(ault, shall the interesi due under said note and this mortgage and any other npte for atl•
<br /> ditional advances made exceed the maximum lawful interest rate.
<br /> PROVIDED,further,that in the event that default occurs in tlre making of the payments due on said note;and on any other note for additional
<br /> advances, as therein agreed to be matle, or in keeping ihe premises insured, as above providetl,or if defauit be matle in the payment o(the taxes
<br /> ? or assessmenis levied upon the premises above describetl or upon this mortgage, before they are by law delinquent, Commercial shall be entitled ,
<br /> ; � fo the imrnediate possession of the premises above�described, together with all rents, proceeds and issues arising outof the premises,antl may
<br /> ' in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon Ihe premises and for the payinent of insurance
<br /> ! Rremiums, taxes and assessments upon such premises,and for necessary expenses incurred in renting said premises and collecting rent therefrom,and
<br /> to apply same on said note and any notes evidencing future.advances hereunder until the indehtedness secured is fully paid;and for such purposes,
<br /> .� the undersigned does hereby sell,assign, set over and transfer unto Commercial aN�of said rents,proceeds antl incomes including any land contract
<br /> payments due mortgage owners or any other incomes of any type whatsoever from said property �0 6e applied on the notes above described;but said
<br /> Commercial shall in no case be liable for the failure to procure tenants,lo collect�rents,or to proseate actions to recover possession of said premises.
<br /> ' The Mortgagars further appoint Commerciai of Omaha, Nebraska, their attorney in (act, giving said attorney power irrevocably,either on its owd "
<br /> < name or Mortgagors`names to take all necessary steps for proceedings in court or otherwise. to cause said premises to Ue vacated,to collect rentals
<br /> er other incomes due,and when vacant,to relet the same, to make all reasonable repairs and pay taxes out of saitl rents,proiits,contract paymenis or
<br /> incomes antl io do ail such things either by its own of(icers or by other parties duly authorizetl and appointed by it,as its agent for said purpose,and
<br /> ' to charge or pay a reasonable fee for such services, ali of the above to 6e done at such times antl in such mannei and er.such terms as;o their said
<br /> , aiiorney may seem pest,with tuli power of,ubstitution.
<br /> ' The Mmtgagors hereby agree that if Commerciai either votuntarily or involuntarily becomes or is made a party te any suit or proceeding relating
<br /> ' ' to ths hereinbefore described reat estate,or to this mortgage or said note or notes, other than a foreclosure instituted by Comrnercial,Mortgagors wiU
<br /> ' ' reimburse Commercial for aU reasona6le costs incurred by Commercia! in said suit or proceeding. The Mortgagors further agree that if the herei��before
<br /> descritietl real estate or any part thereof be condemned under the power of ernineni tlomain, or is otherwise acquired for a public use,the damages
<br /> awarded, the proceeds for the taking,and for the consideration for such acquisition to the extent of the(uil a�uount of!he remaining unpaid in�ebted-
<br /> ness secured by this mortgage,be,and they hereby are,assigned to Commercial and shall 6e paid forthwith to Commercial to be applietl on account of
<br /> the last maturing insiallments of such indebtedness /7
<br /> ; Dated this_�day of_��2� _,14z,Z./// �
<br /> IN 7 _ RE� NCE OF� ���:te��. ���r"�v�-
<br /> �r,,_______. ._ -_..._—----_.____..____
<br /> �{?'.�'�������-r-� k�ich rd E. Voss
<br /> � ��_.L!C��_---_
<br /> : i Sandra K. Voss
<br /> , STATEDFNEBRASKA � . �.��
<br /> COUNTY OF ss �--"_ c " �i"�
<br /> ��
<br /> � On this..__..2�__—day of__�___-:. 19 Z!, before ine, a notar �
<br /> th0 above-named y public in and for saitl County,personally came �
<br /> 7
<br /> ' ` � a��":
<br /> "- " Sandra K. Voss, wife of Richard E. Voss � " ' '
<br />� to me weli known to be tha identiral person or .ersons wliose naine is nr narnes Tre affired to thP ahnve mnrtoayv aa or�nio�nr��.artors�ad±hAy,hc
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<br /> or she,severall acknowled e ihe saad mstru ent and# e execuTop�s tar act and deed.
<br /> R�f�iALD�t, BUSGH �
<br /> �� GENERAL NOTARY
<br /> WITNESS my hand and Notar at Seai this day d year�above wri�e'ot Ne� �-� /,�� �
<br /> ..., i.. MY�ommlasion wcpires ��ck�'_�`�':;��a���-''_
<br />� � � Sepf. 12. 1960 Notary Public
<br />„ My commission expires on the^�_ , 4 . P8 50 �
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