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79~ Ut~2$31 EXP'ANDADLE MOR°rGAGE ezo2~~-9
<br />ASS9GNMEkT OF RENTS Loan fro. ______-__-_
<br />KNOW ALL MEN f3Y THESE PRESENTS: That Richard E. Whitaker and Connie J. Whitaker; husband and
<br />wife-------------------------------------------{hereinafter called the Mortgagors} in consideration of the sum of
<br />FIFTY-EIGHT THOUSAND AND NO/100-----------------------------------Dollars (358,000.00----y
<br />loaned to Mortgagors, do herebyy grant, 6ar~ain, soil and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha,
<br />Nebraska, 4ereinafter called "Cowrrreraal";. its successors and assigns, the following described real estate, situated in the County oi,
<br />Hal Stag of tdebraska, to-wit
<br />Lot Thirty-One {31), in Le Heights Fourth Subd9.vision,
<br />Hall County, Nebraska
<br />TU HAVE AND TO HOt.D THE SAS1E. w!th the appurtenances thereunto belonging, once Gommercal. rts successors ana assigns, forever.
<br />Said Mortgagors hereb} cnvenan± w!th sold Cuc,*,?rc al. !fs successors and assigns, that htortgagars are !awfully se!zed of said premises, that
<br />they are !roe Pram encumbrances. and that they r.;i! forever waaar.t and defend the title to said prem~s2s against the !awful claims of all persons
<br />whomsoever.
<br />Provided, neverthe;ess. these ores:°ts are cp„n the foilaw,ng conditions:
<br />Thai whereas the said Mortgagors as members cf Commercial have this date executed a Hate evidencing such loan and agreeing Eo repay sold
<br />sum of money, with interest. m payments as set foci. ;~ sold Hate and have agreed to abide by the terms of said note and Charter and By-Laws of
<br />Crmmercial.
<br />Thai whereas Lhis mortgage shat! secure any aaditianal advances. with interest, which may. ai the aphoo of Commercial, L+e made by Com
<br />merciat to the undersigned Mortgagors or tlseir suaessats m title for any purpose, at any 6me before the release and cancellation of th!s martgage,
<br />but PROVIDED. HOWEVEP.. at ne time shall the aggregate principal amount secured by this mortgage, being the amount due at any cline an said
<br />original Hate and any additional advances made. exceed an amount equal to 110 percent of the amount of the e:!gmaf note, but in no event shall
<br />said note exceed the maximum amount permitted by law. and PROVIDED, HOi'iEVER, that nothing herein contained shall be considered as limiting
<br />the amount that shall be secured hereby when advanced to protett the secur,ty or in accordance with covenants contained in the mortgage.
<br />New. ti thre said stotgagvrs shall pay ai tau>e 'a ix paid d ~ °~ ° n2y w c ~ .~ ~ ~ any a idle fat
<br />arktit!onal advances made until said debt is fully hard with mterest~thenJthese presents shaH,be vo!d> oth2rrS!s2~ to be and remain in full force and
<br />effect: but rf default should be made:
<br />,? in any of the payments due on sold note. and any other pate for additiona! advances made. as therein agreed to ha made for three months, or
<br />~b` In keeD'ng the improvements an said premises insured against toss bS' reason at hie, lightning. and other hazards included in extended
<br />coverage insurance in an amount nut less than the unpaid balance of sold mortgage loan. m a company cr companies accepiabte to Com-
<br />meraal, tt~e original of such polity or peiici2s is k h?Sd 6y C~mmerc!ai, and with a martgage clause attached to said policy or polities.
<br />+n favor of Camm~ertiai: ar
<br />c; In the payment of taxes dad assessments ;2v~ed upon said premises. ar ao this martgage. trfore they are del!nquent, or
<br />t! tf there is any tha.;ge in the ewnersh!p of ttte red; estate mortgaged herein, ^v sa;e. ether actr!ght of by !and contract, ar by assignment of
<br />any interest thereon or etherw!se:
<br />tlsel, ;n any of the above set-forth events. the wkte?e indebtedness hereby seared stsa!i, at the aphen of Gamr^ectia!. ~mmed!ately become due and
<br />payable without further notice, and dfe amount due under said note and any other note for add!t~ana+ advances made shall, fron dte date of the exercise
<br />of said option. hear interest at the maximum toga' rate per annum, and Uh!s mortgage may then ee forer!as?t to saLSfy the ar-„aunt due an said nose, and
<br />dry aCer noEe far additiona! advances, together with al! wins paid 6y Cammertia! for insurance. razes. assessments and atutract eztenstan charges.
<br />with interest therern; from the date of payment a2 the maximum legal rate.
<br />PROVIDED that in na event, either before c after detauit. shall the interest due under sold Hate ana this mortgage and any other note far ad
<br />Git:arra! advances made exceed the maximum !awhai ~nt2~2st rate.
<br />PROVIDEG. further, that in the event t.^.at default occurs !r~ Lhe making of the payments M~^ or sa!~d no:> aid on any o#her :tote ter additraiai
<br />adv2ntes, as therein agreed to be ;Wade, er !n kee,ng the prem!ses insured. as above provided, ar .f default be made !n the payment of the taxes
<br />ar assessments levied upon Use premises above d?scr~deC or upon tins martgage, before they are try 'aw oe ^quent. Cammorna! shat! be entitled
<br />to the immediate possession of the premises above destritsed. together with ail rents. proceeds and ,ssues ~'~sing out of +Jre premises, and may
<br />!n its dis;retian use the rents so far as ~t deems n?fosse^, far the purpose of making repa!rs uxn th^_ pr?m ses and far the payment of insurance
<br />premiums, faxes and assessm~ts upon such ;,remises. and for necessary expenses incurred in renting sold premises aid taiietting rent therefrom. and
<br />to apply same on said note and any Hates evident!ng future advances hereunder unt!1 the indebtetlnass seared ~s fully paid; and for such purposes.
<br />the undersigned does heresy sell, assign. set ever and transfer unto Cammertia4 all of >asd rents, proceeds and incomes !ntluding any !and contract
<br />payments due mortgage owners or any other incomes of any type whatsoever from sold property to be applied an Cie notes above-described; cwt sold
<br />Commercialshailin no rase Ise i;ab!e far it+e ±a~lure to procure tenants. to collect rents, ar to proseate achans to recover possession of said premises.
<br />Tre Mortgagors further appoint Commerc!ai of Omaha. NeMaska. their aitamey m fact. giwng said attorney power irrevocably. either on .(s own
<br />nose or Mortgagors' names to take ati necessary steps fer prateed!ngs !n court ar otherwise to cause sam premises to be vacated, to cailec! tenia!s
<br />or affier in~rnes due, do-:. +tnen vacant, to reset the same. to make a+! reasonable repairs and pay taxes out or said rents, profits, contract payments ar
<br />incomes and to da all such things e+iher by !ts awr. oH:cers ar try other parties duty au"reiized and appointed by .t. as !ts agent for said purpose, and
<br />to ckarge ar pay 'a reawnable f~ far sue, services- ai+ ;f the atsa~ to be done of such times and !n such {runner and an such forms as to their said
<br />attorney Huy seen best. with foil power of subslitu?ran.
<br />The hkrriga~ars heretry agree that if Gommert.a! eiu er voiuntariiy ar invaiuntari!y becares o: ~s made a ;~,•ty m any suitor proceeding relating
<br />to the hereinbefine described real ?sate. or to this mortgage ar said hate ar notes. other than a farei!_sure msniuied by Commercai. Mortgagors wilt
<br />reimh:rse Oouimerciai far al! reasonable costs incurred by Commerc!a! sn said suit or prac2ed~ng- The Mortgagors further agree that if the hereinbefore
<br />described real estate ar any prr: thereof ~ condemned under the power ai er;,!n?nt domain, or .s otherwise acquired tar a public use. the damages
<br />awarded, the nrnteeds '..~r the taking and fnr fh> r~nc~rir;at;nn fnr a ~, rn rho ax+en~ ih? fi, ~ inn int df~ rx,ainlnv i~nnatd Indebted.
<br />Hess secured trrr this mortgage. be and they hereby are asnored to i~,mm?real artr(, shalt paid f.rth~te C,mme~c!ai;~o he appied on account of
<br />the last tnahrri~rrstaiiments of such ~nd2btediess- I -- ~ /, i
<br />Dated this rc,FF~, ~y of May - - i9 . 79 z /
<br />fN TT}~~E~P`~E°iENCE,OF: _. ~ ~. L. ~ .. ~+ Y i +r ,,_i?`-~~ti ~_ J ,i' i _
<br />/]~i 'i i , ) 1 ~ Richard E. Whitaker
<br />STATE OF NEBRASKA
<br />ss.
<br />COUNTY OF Hall
<br />Dn this ~ day of May
<br />fhe above-named
<br />Cox~.e J. Whitaker'
<br />19 79 ,before me, a notary public m anti for said County. personalty case
<br />Richard E. ?Jhitaker dad Connie J. Whitaker; husband and wife
<br />to me weU known th t~ the ideniiral person or persons whose name is or names are affixed to the above mortgage as grants ar grantors and They, he
<br />or sirs, severally acknowledge the said instrument and the execu ongndrllyratt and deed.
<br />du~r3L6 ti.:.'~~~
<br />YifTNE~ my hand and Notarial Seai this day and year fast a rIM~~-~~ t~' f~7s ." ~ ,
<br />~/ tctarv P,~biii'.
<br />MY commission expires on thel_~`'~` day of L'z:-{e*L~----. i9.1_~ :' ~0
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