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� _ � i � � � � � �$- 000404 EXPAN DABLE MORTGAGE ASSIGNMENT OF RENTS Loan No. 44466-4 KNOW ALL MEN BY THESE PRESEN7S:That JdlneS D. Roth and D�nna F. ROth, hUSbBnd 8�d Mife (hereinafter called the Mo�tgagors)in consideration ot the sum of Seventy—Six Thousand Six Hund�ed and no/100-----------------------uonars(s 76,600.00---a 'I loaned to Mortgagors,do hereby grant, bargain,sell and convey unto COMMERCIAL FEDERAL SAV►NGS AND LOAN ASSOCIATION of Omaha, Nebraska, (hereinafter called "Commercial"), its successors and assigns, the following described reat estate, situated in the County of, Hal l State of Nebraska,to•wit: Lot five (5) Meadowlark Estates Subdivision, Ha11 County, Nebraska. TO HAVE AND TO HOLD THE SAME, with lhe appurtenances thereunto belonging, unto Commercial, its successors and assigns,(orever. Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that Mortgagors are law(ully seized of said premises,that they are free from encumbrances, and that they will forever warrant and defend the title to said premises against the lawful ciaims of all persons whomsoever. Provided,neverl�eless,fhese presents are upon the following conditions: That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said sum of money, with interest, in payments as set forth in said note and have agreed to abide by the terms ot said note and Charter and By-Laws of Commerc i a l. That whereas this mortgage shall secure any additional advances,wim interest, which may,at the option of Commercial, be made by Com- mercial to the undersigned Mortgagors or their successors in tiUe for any purpose,at any time 6efore the release and cancellation of lhis mortgage. 6ut PROVIDED,HOWEVER,at no time shall ihe aggregate principal amount secured by this 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,6ut in no event shal I said note exceed the maximum amount permitted by law,and PROVIDED,HOWEVER,that nothing herein confained shall be considered as limiting the amount ihat shall 6e secured hereby when advanced to protect lhe securiry or in accordance with covenants contained in the mortgage_ Now, if the said Mortgagors shall pay or cause to be paid the said sums of money when due,as set forth in said note,and any other note for additional advances made until said debt is fully paid with interest, then these presents shall he void;otherHise,to be and remain in full force and effect;but ii default should be made: (a) In any of the payments due on said note,and any other note for additionai advances made,as therein agreed to be made for three months,or . (b) In keeping the improvements on said premises insured against loss by reason oF fire, lightning, and other hazards included in extended coverage insurance in an amount not less than the unpaid balance of said mortgage loan, in a company ar companies acceptable to Com- mercial, the originai of such policy or policies to be 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 ihey are delinquent or (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 any interest thereon or 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 safd note and any other note for additional advances made shall,from the date of the exercise of said option,bear interest at the maximum legal rate per annum,and ihis mortgage may then be foreclosed to satisfy the amount due on said note,and any other note for additional advances, together with all sums paid by Commercial for insurance, Uxes,assessments and abstract extension charges, with interest thereon from the date of payment at the maximum legal rate. PROVIDED that in no event, either before or after default, shall the interest due under said note and this mortgage and any other note for ad- ditionafadvances made exceed the maximum Iawfui interest rate. PROVIDED,further,that in the event that detault occurs in the making of the payments due on said note,and on any other note tor additional 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 taxes or assessments levied upon the premises above described ar upon this mortgage, before they are tiy law delinquent,Commercial shail be entitled 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 sa far as it deems necessary for the purpose of making repairs upon the premises and for the payment of insurance premiums,taxes and assessments upon such premises,and for necessary expenses inarred in renting said premises and collecting rent therefrom,and to apply same on said note and any notes evidencing future advances hereunder until the indebtedness secured is fuily paid;and for suth purposes, the undersigned does hereby sell,assign,set over and transfer unto Commercial al I of said rents,proceeds and incomes including any land contract payments due mortgage owners or any other incomes of any type whatsoever from said property to be applied on the notes above-descri6ed;but said Commercial shallin no case be liable for the tailure to procure tenanls,to collect rents,or to prosecute actions to recover possession o(said premises. The Mortgagors further appoint Commercial of Omaha, Ne6raska, their attorney in fact, giving said attomey 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 coilect rentals or other incomes due,and when vacant,to relet the same,to make all reasonable repairs and pay taxes out of said rents,profits,contract payments or incomes and to do all such things either by its own officers 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 to 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 Mortgagars hereby agree that if Commercial either voluntarily or involuntarily becomes or is made a party lo any suitor proceeding relating to the hereinbefore described real estate,or to this mortgage or said note or notes,other than a foreclosure instituted by Commercial,Mortgagors will reimburse Commercial tor all reasonable costs inarred by Commercial in said suit or pmceeding. The Mortgagors further agree that if the hereinhefore described real estate or any part thereof be condemned under the power of eminent domain,or is otherwise acquired for a public use,the tlamages awarded, the proceeds for the taking,and for the consideration for such acQuisition to the extent of the full amount of the remaining unpaid indebted- ness secured by this mortgage,he,and they hereby are,assigned to Commercial and shall be paid lorthwith to Commercial to be applied o ccount of the last maturing installmeats of such indebtedness. Dated mis ��1tF�day of JaAUe['JL ,197$—. IN THE PR�,EIS_EN/�E OF: ��j�G�N.fi��7'.o-��i� Ja s D. Roth�_ � Donna F. Roth - ,, ,. STATE OF NEBRASKA -0OUNTY OF Nal l ss. � ' On this 19th day ot .lanUSfy , 19�, befare me, a notary public in and for said Caunty, personaily came the above-named 3 *� Janes 0. Roth and Donna F. Roth, husband and wife � "� �K�;�, rson or rsons whose name is nr names are affixed to the above mort ~ `� �e� pe gage as granWr or grantors and they,he o he,se �!!A� id nsfrument and the execution thereof,to be their wluntary act aod deed. NOiMY / I day and year last above written. ��/•�/l:?%LG___`�r— J � �� �J�� i� Notary Pubhc My wmmission expires on the � day of/�`Z;T�+1 t ,1911L. M 50