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~g_ vU3~U4 EXPANDABLE MORTGAGE
<br />ASSIGNMENT OF RENTS Loan No. 49412-2
<br />KNOW ALL MEN BY THESE PRESENTS: That Joseph A. Codr and Pearl H. Cods, husband and wife
<br />(hereinafter called the Mortgagors) in consideration of the sum of
<br />Forrttyy-Four Thousand and NO/100------------------------------------Dollars(5--44,000.00-- )
<br />loanedto Mortgagors, do herebbyy grant, bargain, sell and convey unto COMMERCIAL FEDCRAL SAVINGS AND LOAN ASSOCIATION cf Omaha,
<br />Nebraska, (hereinaRer called "Commercial"), its successors and assigns, the following described real estate, situated in the County of,
<br />Hall State of Nebraska, to-wit:
<br />Lot Twenty (20) in Hidden Ickes Subdivision Number Twa,
<br />being a part of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4) and a part of
<br />the North Half of the Northeast Quarter of the Southeast Quarter (N1/2NEl/4SE1/4)
<br />of Section ?hirteen (13), Tournship Eleven (11) North, Range Hine (9) Hest of the Sixth
<br />P.M., is Hall Couaty, Nebraska
<br />TO HAVE AND TD HOLD THE SAME. with the appurtenances thereunto be!;:ng~ng. unto Commercial. +ts successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial, its successors and assigns, that 5',nrtgagars are !awfully seized of sa+d premises, that
<br />they are free fran encumbrances. and that they wilt forever warrant and defend the bile to said premises against the lawful claims of all persons
<br />wirpmsoever.
<br />Provided, nevertheless, these presents are open the following candii+pns:
<br />That whereas the said Mortgagors as member, of Commercia` have this date executed a note ev+dencing such loan and agreeing to repay said
<br />sum of money, wa interest, in payments as set forth in said note and have agreed fo ab+de by the Perms of said note and Charter and Bylaws of
<br />Commercial.
<br />That whereas this mortgage shall secure any addit+ona! advances. w+Lh ~nferest. wh+th may. at the option of Commercial, be made by Com-
<br />mercial to the undersigned Mortgagors or their successors m tits? fcr any ourpese. at any time before the release and cancellation pt this mortgage,
<br />bat PROVIDED. HOWEVER, at no time shall the aggregate pnatpa! amcunt secured by th+s mortgage. being the amount due at any time on said
<br />orginal note and any additional advances mane. exceed an a+~munt equal is i10 percent of the amount of the original note, but in no event shat!
<br />said note exceed the maximum amount perm+tted try law, anC PROVIDED. HOWEVER, that nothing herein contained shall be considered as limiting
<br />the afrount that shall t>e secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage.
<br />u~ it ~ ,`,aid ~ tgas.,r5 Shat! wi n t~,~ f_p M wid, the rain urine n# mnnav whan rhea ac cat forth in carA np}e and ary ntfw: mM fu
<br />a~itianal advances made until said debt is fully pa+tl w+th interest. then these presents shall rx void; otherwise, to be and remain in full force and
<br />effect; but if default should 6e made:
<br />ta) !n any of the payments due on said note. and any other note ftr additional advances made, as therein agreed to be made for three months, or
<br />(61 In keeping the improvements pn sa+d premises rnsurc-0 against loss by reason of fire, lightning, and other hazards included in extended
<br />cpvetage insurance in an amount riot less than the unpaid balance of said mortgage loan, in a company m companies acceptable to Com-
<br />mercial, the original of such policy pr potties to >m fwitl ~ Commercia!. and with a mortgage clause attached to said polity or polities,
<br />in fever of Commercial; ar
<br />;c? In the paytrecnt pf taxes and assessments !?vied upon saiC ;remises, or on this mortgage, before they are delinquent; pr
<br />td) tf there rs airy change in the ownership of the real estate mortgaged herein, by sale, either nutn~t pr ~• land contract, or by assignment of
<br />any interest therepn pr otherwise;
<br />. in asry of ffce above set-forth events. the whole indebtedness hereby secured shall, at the opban pf Commercial, immediately become due and
<br />payable wif6aiit furitr`_r notice. and the am~>nt d1.~ under said note acrd any other note for atldii+xa! advances made shall, from the date of the exevcise
<br />of said pplimr, hear interest at the maximum regal rate per annum, anC this mortgage may than be foreclosed to satisfy the amount due ar said note, and
<br />cry ether note for a~it9mal advances, together with all sums paid by Commercial for insurance. taxes. assessments and abstract extension charges,
<br />wilt inkiest theremr from the date pf payment at the maximum legal rata.
<br />PROVIDED that in no event. either before or after default, shall the interest titre under sa+d note and th+s mortgage and any other note for ad-
<br />ditianaf advances made exceed the maximum lawful inkiest :ate.
<br />t'ROViCi-'c4, further, that ir. the evert that defiau!t pours in the making of the payments dye on said opt?. and an x+y other note for additional
<br />advances, as therein agreed m be made, or in keeping the premises insured, as atxve provided, x if default be matte in the payment of the taxes
<br />~ assessments touted upon the premises a(mve described or open th+s mortgage, before they are 6y law de!+nquerrt. Cranmertiai shall tie entstied
<br />fe rise im;;€~ia~ ~ssession pf Gre premises above-destrt>ni. together with aN rants. Mpceeds and issues ar sing sot of the premises, and may
<br />in i~ discretcon use the rents sp far as it•deems retessary for the purpose nt making repairs upon the premises and for the pa/meat of insumnte
<br />~t~tiw~s, taxes ~~ assessn:arts u~t sot;; p;~iises, as° ft; ;xtessars experses rn ~•rred in renting sa+d pae,;:ises and tpt!echng re;,t therehsm, and
<br />is apply same on card rrpte and any nofes evidaicing future ad;rantes herander anti! the indebtedness secured is fatty paid; and for mrth purposes,
<br />the tcrdersigned does hereby soli, assign, se! over and trans#er rmto Commercial ail pf sa+d rents. proceeds and incpmes including any land cmitract
<br />payments due mortgage owners or any other inct;tnes pf any type whatsoever from said property to !>e app!sed on the nptes above-6estribed: tut said
<br />CA®meraalsha;tin rip case be liable for the failure n procure tenants. fp collect rents, ar to prosearte actions to rscpver possess+on of said premises.
<br />The ~urtgagors furihe; ap~irt Cmnmertia! of Umaha, Nebraska, ttreir attpmey in tact. giving said attorney power irrewtably, either on its own
<br />awe pr Akfrtgagsrs' names to take Sit necessary steps for proceedings in Court a; otherwise. to cause said premises (o he vacated, to cotlett rentals
<br />m oiler inrxxrres due, and wtren vaceeL tp reiet the same, th make all reasonable repairs and pay taxes put of said rents. crofits, cwrtract payments pr
<br />intoases amt td do alt such things eiiver by +ts own pffiters pr try ether parties duly authorized and appointed by it. as iT$ agent for said purpose, and
<br />~ cltar~ or pap a re~ortab#e #ee fpr sr:'th serintes. ail pf he above to ha der!e at such limas cord in suM manner and pn such terms as to their <~id
<br />aitotney may sewn best. with Puff pawes of substrb:tiorr.
<br />?be Yortgagws hereby agree Grraf if Crcia! either vpiunrari!y or involruitar{!y becomes er ~s made a Carty lp any suitor prateeding relating
<br />:. F,se h~iritig#ore "maestri ;eat es~te, of to this mo:'~ge pr sad note pt notes, ether bran a fpret;csure ~nstituta' ty Commercia!, Mortgagors kill
<br />reimburse Crciai for ail reaspnaff:e cosy +ncerreo try Commercial ir. said suit nr pro,:eeding. The Mert~gors furl"er agree ilia! ii the here+nbefore
<br />t#eSCrrbed real Mate in ant part ~-eof ;ra t~sdemned ;rn~r the power ofi efnirteni dpmain, pr :s ptherwsse acqu+red fpr a public use, the damages
<br />awarded, ~ proceeds fa ire taking. 3rrd for the tdnsideratrxr for such atquisihar tB the extent of me foil a^riount of the remaining unpaid indebted-
<br />dess sease~ by Rris r~tgage. be, ~ tisey hsehy are. assigned to C~rr!mertial an9 Shai~itl fdrthwith to C.ommerciai Sp b? applied on atcpunf p!
<br />tke tastroahrriag iastailmertts of inch indebtedness_
<br />l'
<br />IIa[ed iris .~i ~ day pf Hxie~ ; 19 _ ~_ . ~ ~,`; • '~~
<br />~ P ~/MCE 9F: :_~ %~ ~~
<br />--/,~,~ ~, e~h A. /Cods ~
<br />Pearl M. Cody
<br />STATE t)€ l1Ef!(A
<br />CDtIl47f ©f Hall ~p p y~pG -
<br />rn and Ipr said Count persanall came
<br />ire lhr~tre~~na~t~ ~ ~ ~ m , 19 ~--lMi6~'Qd~IP~' D°' t7 te» Y, Y
<br />Joan A, Codr_yaar~-d~ l~oax+l !S, Cody, ht,~sband and wife
<br />t£r ~ self kniwrfr t;s be tine idgitital parson W ~soas whtrse name is a natrres ate affixed to the above mortgage as grantor or grantors and They, he
<br />m she, sevE:ally ackatrvrtedge the saiA irsstnrme,rt and qte execution Merevf, to be them voiuntarv act and deed. /
<br />WITnfSS cop trend and notarial Sea! this dap and pear fast above written. ~ /
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<br />~ Notary PcbLr
<br />tuts commission expires on qte ~.~ day of ti ~ 34~~. M 50
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