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79-~t~3143 EXPANDABLL~' 1VI0RTGAGE ASSIGNMENT OF RENTS Loan No._ ~~~ Z83_`~ NNOYy ALL MEN BY THESE PRESENTS: That Harold V. Davis and Linda N. Davis; husband and wife {hereinafter called the Mortgagors} in consideration of the sum of SIXTY-FOUR THOUSAND AND SEVEN HUNDRED AND NOJ100-----------------Dollars($64,700.00----) toaned fo Mortgagors, do hereby grant, bargain, self and convey unto COMMERCIAL EEDERAL SAVINGS AND LOAN ASSOCIA?ION of Omaha, NeHbra~la. thereinafter called "Commerc!al"), its successars and assigns, the following described real estate, situated in the County of. a State of Nebraska. to-wit: Lot Thirty-Four (34) Western Heights Third Subdivision to the City of Grand Island, Hall County, Nebraska TO HAVE AND TO HOLD THE SAME. with the appurtenances thereunto belonging, unto Commercial its successors and assigns, forever. Said Mortgagors hereby covenant with said Commercial. its successors and assigns, that fdorigagors are lawfully seized df said premises. that they are free from encumbrances. and Thai they will forever warradt and defend the title to said premises against the lawful claims of all persons whomsoever _ Provided; nevertheless. these presents are upon the !dlldwing conditions: Thal whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing to repay card sum of money, with interest, in payments as set forth ir, said note and have agreed fa abide bS' the terms of said note and Charter and BY-Laws of Canmercial. That whereas this mortgage shall secure any additional advances. with +merest. which may, al the option of Conunerc+al, be made by Com- merciaf fo He undersigned Mortgagors er their successors in tit!? for any purpose. at any time before the release and cancellation of this mortgage, but PROVIDED. HOVYEVER, at no time shall the aggregate pnnnpaf amount secured by this mortgage, being the amount due at any time on said ariginai note and any additional advances made, exceed an amount equal to li0 percent of the amount of the original Hate, but in ne event shall said note exceed He maximum amount permitted by law, and PROVIDED. HOP~EVER. that nothing herein contained shall be considered as limiting the amormt fiat steal! be secured hereby wtFen advanced to protect the secenty or in accordance with covenants contained in the mortgage. Now. if the said Mortgagors shall pay or cause to hz paid He sa!d sums df money when due, as set forth in said note, and env other note for r~riir~ra; auvar~~rs ,:jade u~,iif said de;t is ;ally paid wirii ir+ieresi, u,en inese p+esents shah be void: offierwise, to be and remain in lull force and effect:'Jiri if default should be made: a' fn any of the payments due on said note. and any other Hate for add+tiona! advances made. as therein agreed tc be made for three months. or ,b~ to keepsng the improvements on said premises insured against Icss by reason of lire. lightning, and other hazards included in extended wverage rasurance m an andunt not less than the unpaid balance of card mortgage loan. fn a company or companies acceptab:e to Com- ,rrerciaf, the original of such policy or policies td be held ~' Commercial. and wrth a mortgage clause attached to said policy or policies. in far,;r of Comrrrercial: ar ,. fn the papment of faxes and assessments levied upon said premises, or e,^, fhrs r.•orfgage before they are delinquent: or +dt If HeFe +s any cfrange in Ne dvnership of the real estate mdttgaged herein, by sale. e;Her nutr+ghf or by land contract, or by assignment of any interest Hereon or otherw+se: llren, in any of the above set-fortis events. the whole indebtedness hereby secured sha'i, ai the o-at+oo. nl Cemmercia! ~Tmed+ately become due and payable without it+FHCF notite, and the amount due under said note and any other note ter add+t+ona! advances made shah. frd'* are date of the exerase of sand opTtnn, bear interest at Cre mazrrum legal rate per annum, and H+s mortgage may then ire fprec?osed to sat;sfy the am~xnt due an said nnte, and anp offer adte for additiona+ advances. tageHer wrth all sums paid by Commerc;al for ;nsurance axes. assessments and anstract extsnsran charges, wrH ,merest Heroes from the date of payment at the mazrmum legal rate. PROVIDED that m no evmi. e;Ner before or after default steal! the interest due under sa,d not= and th+s mortgage and any ocher note ter ad- d;boraf advances :,ado exceed He maximum fawha! +merest rate. PROVIDED, further. Nat !a the event that default xars +n He mak+ng of the pays+~ents due on said note. and an any other note for additimaf advances, as Herein agreed to w ~.~ade or ;n keeping the premises insured, as at~ve provided. or .1 default > -aae in the pavmeni of the axes er assessments levied upon the premises abv~ d~~scr;Jed dr ;;pan this :mortgage, before Noy are by saw de!+no;;ent, Cnrrrmerciat shall l>e entitled tc the imrnediate possess;on of the ~emrses auvve-descritrad, to~ther with al rcvris. proceeds and issues aris;ng out of He paemises, and may in :is distreti+m use He ren?s so far as it deems necessary for the ~rrpose of making repairs upon the premises and for the payment of insurance premiums. axes ~sd assessm~ris up:r+ such prem+;ses, and for necessary expenses incurred in renting said premises and collecting rent therefrom, and '~ apply same wr said Hole and any noses ewderung future advances hereunder ^nhf He indebtedness secured is fully paid; and far such prrpases, '1re urrdersigrrett des hereby se!. assi~. set over and transfer unto Commercial all of said rents. proceeds and vncomes wcluding any !and contract payments due mortgage owners dr any ether incomes of any type whatsoever from said property to be applied do the notes above-described; but said ComFnerciaf steal! in nn case be ';able for the failure to procure tenants. io ~ilert rants. or to prosecute actions ie reraver possession of said premises. The Rbrtga~rs turHer appoint Caamercia! of Omaha Nebraska, tt°~eir attorney in fact, giving sand attorney ~rwer ,rrevocably, either do its own name or Nattgagnrs' names to take alt neccosary steps for prnceed;ngs in court do otherwise, to cause said premises to be vacated. to collect renafs or o9rer inrncres due, and when vacant, io reset the sane- fi make all Feasnnable repairs and pay taxes out of sand cents, profits, contract payments or incomes and to ;io aft such things aiHer try ;ts own officers or Cy other {x~rbes duly authorized and zepointed by it, as its agent for said purpose, and to cfsarge or nay a reasmrabfe fee for surfs serr.ces. ail of the above to be dale at such times and .n such manner and on such terms as to their said at~sep iR3} 5ee~ ~be5t wr$3 hat! p;.wer of s}~Utu@vf;. Tt~ }~rF,'r.FS +~ eUy agr~ "ra~ ° yr rR•~ a e ~. yr aia++.v nor nv Hiner,€y heou,.,es er ~s maoe a party to any sort or prxeeding refacing th ~ $tr@inbefcre destnbed rea+ E3a• ,,r tv Jt;s -r„r,gage c ,a ~ :,ate notes. oNei":an a forec'esure instituted by Cor^neniai. Mortgagors will as7rn$irse rCraf far ail reasdna: e cuss ier!trred by Ca:,merc+ai sc sa!c >`+t dr prxeedmg- The Mnrtgagars further agree that it the hereinbefore de5crit>~ real estate or any part Lherecf be cordemnetl under dae cower df emrneni dema+n. or +s diherw+se acquired to a public use, the damages asarde@, the ;,rac~fs fri the ak.ng, anti ter He tunssderattal ter sJUrh accursihm .e the exfert of the full amount of the ren:aimng unpaid mdebted~ Hess seta;r~ far terns 3'ertYage. fro, a•rd they heretry are, ass,gnea to Ca~meraaf and s,".a be pa+d fordiw,th #o C~:mnerc+al to be applied on accoant cf _ the vast maa@,rFing irl$ta 4e ~f SUu~ ;ndebt~ress. ikt~ arts ~~_ ;fir,... day u rg .,. ~ .. tN THE PRESE[tGE~O~FC: ~ 1 ---------------- ,aro .. Davis Linda N. Davis 57AT,E OP 1Vf 1$Soa+q ~ CfAI'f t}f =.~T-1r.#vi a ss. _ ____ r' 'tom ~ ~~~day of _ MAY _~ , 39~ .before me, a notary public +n and for sa+d County. personally came `k~4TAP}=p ~fa-rold V. Davis and Liuxda N. Davis, husband and wife td'G~'t~if tmcbm t~`be the identiraf person or persons whose name +s nr names are affixed to the above mortgage as grantor or grantor, and they, he ~everaff~atjcnowfetlge the said instrument and the execution Hereof, to be their vo~f~}pn~dee¢Windall =Notary Publio • p 3t. Louie County -Slats of ldisaouri ."~ p~,~r~Frgrra and Noariat Sea! this day and year fors! above written. t(q C mia on ] p~~~s © tom r 1982 ~~I~ __w' MY cdmmi5sion expires nn He y ~ day of /~ "tut ~ Y n „-+ SE 'flsMflGR _ 19tr~„ "rt 5r!