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� - � 3 �. y-�; �' � � . �. 7�� 00596.� EXPANDABLE MORTGAGE ASSIGNMENT OF RENT$ Loar.No. 8182£3$-6__ KNOW ALL MEN 8Y THESE PRESENTS:That Gary L. Dittmer and Kay R. Dittmer, husband and wife (hereinafter called the Mortgagors)in consideration of the sum of Fort -One Thousand Eight Hundred Fifty and no/100---------------- Douars($ 41,II50.00--- ) � loaned�o Mortgagors;do hereby grant, bargain,sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha, Nebraska; (hereinafter calied "Cemmerci2l"), its successors a:�d assigns, the fcllowi;g describ2d rzai estate, situated i�� the i,ounly of, Hal l Siate of Nebraska, to-wit Lot Four (4) Freedom Acres Subdivision, Hall County, Nebraska 'I'0 HAVE AND TO HOLD THE SAME: wifh the appurtenances thereunto belonging, unto Commercial, its successorsandassigns,forever. Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that Mcrtgagors are lawfulty seized of said premises,that they are free from encumbrances, and that they wili forever warrant antl defend the title to said premises against the lawful claims of all persons whoinsoever. Providetl,nevertheless, these presents are upon the foilowing conditions: That whereas the said Mortgagors as members of Commercial have fhis dzte executed a note evitlencing such loan and agreeing to repay said sum of money,with interest, in payments as set forth in said note and have agreetl tr�abide by the terms of said note and Charter and ByLaws of CommerciaL That whereas this mortgage shall secure any additional advances, with interest, which may,at the option of Commercial,be made by Com- merciai to the undersigned Mortgagors or their successors in title for any purpose.at any time before the release and cancellation of this mortgage, but PROVIDED,HOWEVER,at no time shall the aggregate principal amount secured by ihis mortgage,being the amount due at any time on said original note and any additional advances made,exceed an amount equal to 110 percent of the amount of the original note,but in no event shall said note ezceed the maximum amount permitted by law,and PROVIDED,HOWEVER,that nothing herein contained shall be considered as limiting the amount thai shall 6e secured hereby when advanced to protecl the security or in accordance with covenanis contained in the mortgage. Now, if the saitl Mortgagors shall pay or cause to be paid ttie said sums of money when due,as set forth in said note,and any other note for additional advances matle u�iii said deht is(uliy paid with interest, then these presents shall be void;otherNise,to be antl remain in ful l force and etfect;but if defauit shouid be made: � � (a) In any of the payments tlue on said note, and any other note for additional advances made,as therein agreed to be made for three montlis,or (b) In keeping the improvements on said premises insured against loss by reason of fire, lightnine, and other hazards includetl in extenr_1ed coverage insurance in an amount not less than the unpaid balance of said mortgage loan, in a company or companies acceptable io Com- mercial, the original of such policy or policies to he held by Commercial, and with a mortgage clause attached to said policy or policies, in favor of Commercial;or (c) in the payment of taxes and assessments levied upon said premises,or on this mortgage,before they are delinquent;or (dl If there is any change in the ownership of ihe real estate mortgaged herein,6y sale,either ouiright or by land contract,or by assignment of any inlerest thereon qr otherwise; then, in any of the above set�forth events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately become due and payable 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 of saitl option,bear interest at the maximum legal rate per annum,and this mortgage may then be foreciosed to satisfy the amount due on said note,and any other note for additional advances, together with all sums paid by Commercial for insurance, taxes,assessments and abstract extension charges, with interest thereon from the date of payment at the maximum legai rate. PROVIDED that in no event, either before or after defauR, shail the interest due under said note and this mortgage antl any other note for ad- tlitional advances made exceed the maximum lawful interest rate. FROVIDED,further,that i�the event that defaull occurs in the making of the payments due on said note,and on any other note for atlditional advances, as therein agreed to be made, or in keeping the premises insured, as above provided,or if default be made in the payment of the faxes or assessments levied opon the premises above described or upon this mortgage, before they are by law delinquent, Commercial shall be entided to the immediate possession of the premises above�described, together with all rents, proceeds and issues arising out of the premises,and may in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon the premises and#or the payment of insu�ance premiums, taxes and assessments upon such premises,and for necessary expenses incurred in renting said premises and collecting rent therefrom,and to apply same on said noie and any notes evidencing future advances hereunder until the indebtedness secured is fully paid;and for such purposes, the undersignetl does hereby sell, assign, set over and transfer unto Commerciai all o(said rents,proceeds and incomes including any fand contract payments due mortgage owners or any other incomes of any type whatsoever from said property to be applied on the notes above-described;but said Commercial shaliin no case be liable for the failure to procure tenants,to coileci rents,or to prosecute actions to recover possession of said premises. The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney power irrevocably,either on its own name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise, to cause said premises to be vacated, to collect rentals or other incomes due,and when vacant,to relet the same, to make aI l reasonable repairs and pay taxes out of said rents,profits,contract paymen�s or incomes and to do all such things either by its own o(ficers or by other parties duly authorized and appointed by it,as its agent for said purpose,and to charge or pay a reasonable fee for such services,all of the above lo be done at such times and in such manner and on such terms as to their said attorney may seem best,with full power of substitution. The Mortgagors hereby agree that if Commercial either voluntari ly or involuntari ly becomes or is matle a party to any suit or praeeding relating to the hereinbefore described real estate,or to this mortgage or said note or notes, other than a foreclosure instituted by Commercial,Mortgagors wiil reimburse Commercial for all reasonable cosis incurred by Commercial in said suit or proceeAing. The Mortgagors furlher agree that if the hereinbefore described real estate or any part thereof be condemned under the power of eminent domain, or is otherwise acquired for a pubRc use,the damages awarded, the proceeds for the taking, and for the consitleration(or such acquisition to the extent of the full amoant of the remaining unpaid indebted- ness secured by this mortgage, be,and they hereby are,assigned to Commercial and shall be paid forthwith to Commercial to be applied on account of the last maturing installments of such indebtedness. Dated this 1 3th day of October ____, ig 77 _ �, n`�� IN THE P NC�OF: -----`, ! %�JL.el ��,C�l/h-�x-^J --- _� ��y"��.�,,.� >i' Gary L. ittmer � ..�.�=�. r.,- /`"=- � � �(d�{/ � . � �� ' ,�J Ka Di ttmer '�� "� _... STATE OF NEBRASKA h � 5�,; t : COUNTY OF Hdl� ss. _ On this 7 3�f1 __day of__OC�Ob@r ____� 19 ?7, before me, a notary public in and for said County, personalty came the above-named � uary L. di ttnier- and Kay n. D i ttmer, nus�and and wi fe � to me well known to be the identicai person orpersonswhose name is or names are affixed to the above mortgage as grantor or grantors and they,he or shs severally acknowledge the sa�d insimrt ' ' ' luntary act and deed. ,.,.. � NAROtD C. RICHTE� � � ; WITNES$ rny ii�nd anrl t�ol2!i2i $Nal ihiti�ia +dr' '^' i ��»P1� T:CTA2Y • �� % ' '�''-""'—� � , , . -- _ y-_.�! �a-� —�� z�STATf QF NEDRASKA � "_ ,��`��'%�i � . , /'1--=' � �. a� MY Gommission Enp. Sept. 25.�9;q {� ,�=�=—. / otary Public � ?a My commission expires on the 29th day of_ �@I�l�e�`Y=. lY.]�. M 50 � ,