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79-~%~~~7 EXPANDABLE NfOR,TGAGE
<br />ASSIGNMENT OF RENTS Loan No.. 820267-2
<br />KNOW ALL MEN BY THESE PRESENTS: That Charles J. Vodicka and Nadine J. Vodicka, husband and wife
<br />(hereinafter called fhe Mortgagors) in consideration of the sum of
<br />Thirty-Fight Thousand Two Hundred and No/100--------------------- Doilars(5--38,200.00--)
<br />loaned to Mortgagors, 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 />State of Nebraska, to-wit:
<br />Lot One (1), in Tara-Leigh Subdivision in the City
<br />of Grand Island, Hall County, Nebraska
<br />TO NAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial its successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that Mortgagors are lawfully se~zetl of said premises, that
<br />they are free from encumbrances, and that they will forever warrant and defend the title to said premises against the lawful claims of all persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the following conditions:
<br />` That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay said
<br />sum of money, with interest, in payments as sot forth in said note and have agreed to abide by the terms of said note and Charter and By-Laws of
<br />Commercial.
<br />That whereas this mortgage shall secure any additional advances, wow mteresi, which may. at the option of Commercial, be made by Com~
<br />merciat to the undersigned Mortgagors or ihe~r successors m tale for any puryose. at any time before the release and canceilahon of this mortgage,
<br />but PROVIDED, HOWEVER, at no time shall the aggregate principal amount secured by this mortgage, being the amount due at any time on said
<br />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
<br />said note exceed the maximum amount permitted by law, and PROVIDED. HOWEVER, that nothing herein contained shall be considered as limiting
<br />the amount that shall be secwed hereby when advanced to protect the security or m accordance with covenants contained in the mortgage.
<br />Now, if the card Mortgagors shall pay or cause to be pa,d the said sums of money when due, as set forth in said note, and any other note for
<br />additional advances made until said debt is fully paid with interest, then these presents shall be void. otherxise, to fro and remain in tut! force and
<br />effect; but it default should t>e made:
<br />fa} In any of the payments due on said note, and any other note for additional advances made, as therein agreed to be made tar three months, or
<br />'. b; k€epicg ib t~~~pra~,~,~ts an card prE„tses insured against loss by reason of fire, lightning, and over hazanis included in extended
<br />coverage msarance m an amount not less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Com
<br />merciat, the original of such policy or policies to fro held by Commercial, and with a mortgage clause attached to said policy or policies,
<br />in favor of Commercial: nr
<br />rt} in the payment of taxes and assessments leveed upon said premises, or on this mortgage, before they are delinquent; or
<br />(d) If there is any change m Ne ownership of the real estate mortgaged herein, by sale, either outright or by land contract. or by assignment of
<br />any interest drerecn or otherwise;
<br />then, m any of the aiwve setdorih events, the whole indebtedness hereby secured shall, at the option of Commercial, immediately become due and
<br />payable widlout further notice, and the amount due under sa,d note and any other note for additional advances made shall, from the date at fhe exercise
<br />of said option, bear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy the amowt due on said note, and
<br />any other note for additional advances, together with aH sums paid by Cpmmercial for insurance, taxes, assessments and abstract extension charges,
<br />with interest thereon from the date at payment at the maximum legal rate.
<br />PROVIDED that rn no event, either before or after default, 5ha'.l the ~nteresl due under said note and this mortgage and any other Hole for ad-
<br />ditional advances made exceed the maximum lawful mierest rate.
<br />PRflVIflED, further. brat to the event that default c~curs in tape mal;;ng at the payments duo on said Hate. and cn anv other note toe addrtrartai
<br />advances, as therein agreed to be made- ~r in keeping the premises .nsured. at aLx?ve provided, M if defauH be .made i~ the payment of d;g'~x°5
<br />or assessments levied upon the prenuse5 above described or urn Ihrs mortgage, before they are by law delinquent. Commercial shall be entitled
<br />to ate immediate possession of the premises above described. together with ail rents. proceeds and issues arising out of the premises, and may
<br />rn ris dlscretian use ilia routs ,g tar a5 .t deers necessary fur the purp@sr of :-aKiug repairs upon the premises and ro, the payrne.^.t of insurance
<br />premiums, taxes and rise sments upon Such premiSeS: and fur ncia5sa:y exparse5 incurred ~n renting said drdmr5e5 and ceiiect:n€ rr~it therefrom. arld
<br />to apply Same Rn sold nets= and any net@5 CMid'n. Cing future ad.~ance5 her under Until the indebtedne55 SeCUred r5 fully p3rd; ar~d fir such pe:rposes,
<br />hbe undets;gEr~ does h{re;n ; „ign- s?t avtc ti_u try- ~- a,tc, C~fi _ e of eta rents. p:.rids . -« a;ag ~ y'~`~:,+a.i€a;~t
<br />payments rYre mortgage owners~ar any other incomes ?f anv tuoe whatsaavo ff ~m~s~id pretty to h€ apps ~r v- !2a ~t~~f?~.~_~-~~.:, t'~:a
<br />Commercia~5hah in na ease ha hab18 [ur tlrE tars^re fa procure tenants. iu cnlieci rents, or to prosecute acfrons to recover possession of Sara premises.
<br />The Nortgdgars further appoint Crrmmererai ai Omaha, NeGrasica, them attorney m fact, giving said attorney p4iwes ~rrevaeably, ether an its own
<br />name or Mortgagors' names to take all necessary steps for proceedings in court or otherwise. to cause said premises to be vacated to epliect ren~(s
<br />a other incomes due, and when vacant, to relet the same, to make ail reasonable repairs and pay taxes out of said rents_ Rro~'~ts, contract payments or
<br />incomes and to do aFt Such things either f>y its own officers or by other parhe5 duly authorized and appointed by it, as its agent for said purpose, and
<br />to charge or pay a reasonable fee for such services. ail of the above to be done at such times and m such manner arsV an such terms as to their Sind
<br />allmney rosy seem best. with ful; power of substituhun
<br />The tdortgagar: heretry agree drat ii Commercial etther vaiuntanly or tnvoluntanly becomes or ~s made a party to any sort w prtxeedmg telatsng
<br />to the hereinhofore described real estate, or to this mortgage or card note or notes, athar Phan a foreeloswa instituted by Cmanierc~ai. Mortgagors will
<br />reimburse Commercial for all reasonable costs incurred by Commercial in card sort or prpceeding. The tdortgagors iurdter agt;~e that tf the het?inbefore
<br />described real estate or any part thereof 6e condemned under the power of etrrinent rbrnain, ar is otherwise acquired for a pub?~c use the damages
<br />awarded, the proceeds for are taking, and for the considerahon for such acquisition to the extent rtf the full amount nt the remam~ng unpaid indebted
<br />r+ess sacwed by this mortgage. be, and they hereby are. assigned to Commcrual,and steal! ho pare t dr 'th -' Camrnerciai fa fie applied an account rrt
<br />the Iasi maNring in t Nments of surh indebtedness. ! ' ~
<br />Dated dtis ~. .._.._, day ai ___L-3t21i1._._.__-,-_.--_- , 19 T~ _ .
<br />! ~f `!
<br />tN THE,PRESENCE OF: ~ il~_ ,
<br />-~w4~~,~!' _~n.~_-_---___ _ Charles J. Vadiaka
<br />__...~._.,_nn._.. _.,....._ _....---- _---
<br />------- ----- _~~g Nadine J. Vodicka T --~_ s6-
<br />STATE DFNEBRASKA -~`]r~ , ,~/~ ,~, „ f'~ r ~ _ l ~, '
<br />COUNTY OF ss' ~. -._L.~,GZt~.4.lL~"r f ,.._C t'Z-Cc_i~'~ '
<br />tta12 r
<br />On this _.,_.,_________, day of __._~?ril___-__.___ , 1974._. ,before me, a notary ubhc in and for card County, personally Came
<br />the atwve•namad
<br />Charles J, Vodicka and Naditse J. Vodicka, husband and wife
<br />t,~d,~e identical person or persrxrs whose name is ar names ate affixed to the above mortgage as giantoyfor grantors and they, he
<br />pwMA, -v acknovvt~i the said instrument and the exeeotion thereof, to 6e their voluntary act and deed, !
<br />riµiRAl ~F1QiFAtEiilty f ,
<br />f ~ ~.'.
<br />ygt~~ariat Scat this day and year fast above written. _ ~'
<br />~ ~~~ ~`_
<br />OOMMglbN fiX ~iRl1 `_.. ~~~(y ~ J-._- .~ ' StSr, ~.___._. ..-_
<br />My co Febtwry 14;1lB2 1 !Vo~l;ic ---
<br />._ ~~... say o ~' 19 ~!_S, M ui
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