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79-~~0$~g~ ~XPANDAg3LE M~OR,TGA~GE: ASSIGNMENT OF RENTS Loan No. __~9a3Q-4 NNdW ALL MEN BY THESE PRESENTS: That John L. Rinde and Ruth E. Rinde husband and wife (hereinafter called the ~ioRgagors) in consideration of the sum of gTy ~ t~ ~~ /jO Dollars ( d 000.00----3 loaned fo h'fod~r gaIIgSorAs; do bete-Uy g~~n7 b©rgain, se an convey un o LOAN A SdC1ATI0N of dmaha, Nebraska, (hereinafter called "Commercial"), its successors and assigns, the following described real estate, situated in the County of, Hall State of Nebraska, to-wit: Lot Siz (6) in Bloek Throe (3} in Second Addition to Hol~omb~s Highway Homes Subdivision in the Northeast Quarter of the Northeast Quarter (NE~NE}) of Section 28~ Township 11 North. Range 9 Weat of the 6th P.M., 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 Mortgagors are lawfully 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 claims of all persons whomsoever. Provided, nevertheless, these 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 of said ncte and Charter and By-Laws of Commercial. That whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, be made by Com- mercial to the undersigned Mortgagors or their successors in title for any purpose, at any dine before the release and cancellatior. of this mortgage, but PROVIDED. HOWEVER, at no time shall the 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 lID percent of the amount of the original note, but in no event shall said note exceed the maximum amount permitted by law, and PROVIDED, HOWEVER, that nothing herein contained shall 6e considered as limiting the amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage. Naw, 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 additirxraf advances made until said debt is fully paid with interest; then these oresents shall be void: otherwise, to 6e and remain in full force and effect; but if default should be made: (a) In any of the payments due on said note, and any other note for additional advances made, as therein agreed to be made for three months, or (bl In keeping the improvements on said premises insured against loss by reason of fire, lightning, and other hazards included in extended croverage insurance in an amount oat less than the unpaid balance of said mortgage loan, in a company or companies acceptable to Com- mercial, the original of such policy or policies to tk 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 they are delinquent; or rd) 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: - ther, in any of the above set-forth events, the whoie indebtedness hereby secured shall, at the option of Commercial, immediately become due and payable without further notice, and the amount due under said note and any other note for adtlitionai advances made shall, from the date of the exercise of said option, bear interest at the maximum regal rate per annum. and this 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, taxes, assessments and abstract extension charges, wish interest thereon from the date of payment at the maximum legal rate. PROVIDED that in no etrent, either before or after default. shall the interest due under said note and this mortgage and any other note for ad- ditional advances made exceed the maximum lawful interest rate. PROVIDED, further, that in the event that default occurs in the making of the payments due on said note, and on any other note for additiarai advances, as therein agreed to 6e made, or in keeping the premises insured, as above provided, or if default be made in the payment of the fazes or assessments levied upon the promises above described or upon this mortgage, before they are by law delinquent, Commercial shall be entitled to the immediate possession of the premises above-described, together with all roots, proceeds and issues arising out of the premises, and may in its discretion use the rents so far as it deems necessary for the purpose of making repairs upon the premises and far the payment of insurance premiums, taxes and assessments upon such premises, and for necessary expenses incurred 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 fully paid; and for such purposes, the undersigned does hereby sell, assign, set over and transfer unto Commercial alt 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 shove-described; but said Commercial shall in no ease be tia6le-for the failure to procure tenants. to colieU rents. or to prosecute actions to recover possession of said premises. The Mortgagors further appoint Commercial of Omaha, Nebraska, then attorney in fact, giving said attorney power irrevocably, either on its own name or A~k,rtgagers' names to take all necessary steps for proceedings in court or otherwise. to cause said premises to be vacated, to collect rentals or other incomes due; and when vacant, to retei the same, to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or incomes and to do ail such things either by itr own officers or by other parties duly authonzed and appointed by it, as its agent for said purpose, and to charge or pay a reasonable fee fog such services, alt of the above to 6e done at such times and in such manner and on such terms as to their said attomey may seem best, with full power of substitution. The Mortgagors hereby agree that if Commercial either voluntarily cr involuntarily becomes or is made a party to any suitor proceeding relating to the hereinbefore descrih~ real estate, er tc this mortgage or said note or notes, other than a foreclosure instituted by Commercial, Mortgagors wilt reimburse Commercial for all reasonable costs incurred by Commercial in said suitor proceeding. The Mortgagors further agree that if the herembetore described real estate or any part thereof lte condemned under the power of eminent domain. or is otherwise acquired for a public use, the damages awarded, the proceeds for the taking, and for the consideration far such acquisition to the extent of the full amount of the remaining unpaid indebted- ness secured 6y this mortgage, be, and they hereby are, assigned to Commercial and shall ba paid forthwith to Commercial to be applied on account of the last mahrrfng ins#aliments of such intleb edness. Da@edthis.a~~ dayof 19 7~. r~' ~~ %) , fN~E ~tES~O STATE OF NEBRRSKA ,~d L. Rinde /~ //. Roth E. Rinde GDDNTY OF ~~ ~~ ss. --- t}n ihls J?°~~-_ day of t9 ~~. before me, a notary public in and for said County, Personally came dte atwve•nammed --- Sohn L. Rind and Hntb $, Riada, husband and xife th me well known to be the identical person or persons whose name is cr names are affixed to the above mortgage as grantor cr grantors and they, he or she, severalty acknowledge the said instrument and the execution thereof, to be their voluntary act and deed. 11OfAR- • 3ba d fM6r. WITNESS my hand and Notarial Seal this day and yeac last abo wr~,pp, WEa9Egti ~ ~ , ~ j 1 n Notary Public ~ My commission expires on the. f ~ _day of ~..-__.. 19 .~% M-50