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<br />79` U04365 EXPANDABLE MORr~'GAGE
<br />ASSIGNMENT OF RENTS Loan No. _a~t aoa_u __
<br />KNOW ALL MEN BY THESE PRESENTS: That Roger K. Noakes , a single person
<br />(hereinafter called the Mortgagors) in consideration of the sum of
<br />For - h e Th sad 0 e Hundr a d NO~lQO---------------------- Dollars (5--43 100.00-->
<br />ioane~~o I~or~gagors, d°o~tere~yy gran, .bargain, sill an~convey unro COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha,
<br />Nebraska, (hereinafter called "Commert+al"), its successors and assigns, the following described real estate, situated in the County oi,
<br />State di Nebraska, to-wit:
<br />Hall
<br />SEE E3tHISIT '"A"
<br />TO HAKE 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 .is successors and assigns, that Mortgagors are lawfully seized of said premises, that
<br />they are free from encumbrances, and that they will fdrever 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 fellowiog 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 set forth io said note and have agreed to abide by the terms df said note and Char?er and By-Laws o!
<br />Commercial.
<br />That whereas this mortgage shat! secure any additional advances with interest, which may, at the optian of Commercial, be made by Com
<br />inertial to the undersigned Morgagors or their successors ~n title for any purpose. at any time before the release and cancellation of this mortgage,
<br />but PROVIDED, HOWEVER. at no time shall the aggrega?? ;:nnt;pal amount secured by this mortgage. being the amount due at any time on sa+d
<br />original note and any additional advances made. exceed an ac,ount egos: to i10 percent of the amount of the original note, but in no event shall
<br />szid rote exceed the maximum amaunt permitted by law. and PRCVlDED. HOWEVER, that nothing herein contained shall be considered as limiting
<br />the amuturt lie' x+att w ~n.ur~ ,kar~t;y wtr°^, a...o..~..~ ,. =tt the s„_-ri'Y a. ... arrnrdance with. covenants contained in the mortgage-
<br />Now. if the said Mortgagors she!! pay or cause td :~ pa+e are sa~tl surfs df mono}' when due. as set forth in said note, and any other note for
<br />a~itional advances made until sa+d debt is fully pa+C with ~nteresf then these ereseMs shall be vdid: otherwise, to he and remain m full force and
<br />effect; but if d?fault should be made:
<br />;:al In any of the payments due on said oats. and any ether nag for addit+anal advances made. as therein agreed to be made for three months, er
<br />!;bi !n keeping the impravements an said premises ~n~.;r?d ag~+^st mss by reason of fire, lightning, and other hazards included in extended
<br />coverage insurance in an amount oat less than the unpz:d balance of card mortgage loan, in a company or companies acceptable to Cam-
<br />merdat, the prigtnal of such pdircy or palu!es to !~ held by Ccmmert+al and w+th a mortgage clans? attached to said policy er polici?s,
<br />in favor of Commercial: ar
<br />(c) in the payment of taxes and assessments Iev+eG upon said dr?r.ises, cr cr. th+s mortgage, before they are delinGuer.t: or
<br />id) li there is any [hang? in the ownership of the real estate ^.crtgaged her2+n. by sale. either outrght or by !and tantracf, or 6y assignment of
<br />any interest thereon or otherwise: -
<br />then, in any of the above set-forth events, the whole indebtedness hereby secured shall, at the optian of Comme2ial, immediately become due and
<br />pagab!e wifhoat further notice, and the amaunt due ands; sa;d note and any other oats for additions! advances made shall, from the date of the exercise
<br />of said aphon, 4ear interest a? the maximum legal rate per annum. and this mortgage may then be foreclosed tc saCsfy the amount due on said note, and
<br />any Diner ate fa additional advances. together with afl sums raid by Commercial far insurance. taxes. assessments and absuact extension charges,
<br />with interest therer~ from the date of payment a? the maxmum Legal rave.
<br />PR017DED that in na event, either befa:e or after default.. shelf the interest due under sa+d note and fh+s mortgag?and any ether oats for ad-
<br />ditioral advances made?xteed the maximum lawful int?r?s? rate.
<br />PROVIDED. further, Enai in the even; !hat default ecors ir, the r..amg of th? payments due on sa+d nof2, and do any other hate for zdditi~na!
<br />advances. as therein agreed to t*P made, cr in k?ep;ng the pre::n?5 insured. as above prev+tled, or if d2tau+t tx -ado in the payment of the razes
<br />ar assessments levied upon, the prem+s2s zbave describes cr upoc Lhs mcrt;ag?, before they are tn' law d?IinGuent. Commercial shall be entitled
<br />to the immediate passession of the premises above destrhad, tegeth?r with ail r?nts, p!oceeds and issues aris+rg out of the premises, and may
<br />:n !ts dis~enor; use the r?nts sn far as ;t deems necessary for ate purpose of ~~akmg repa!:s upor, the premises and for the payment of insurance
<br />f^• ,expenses : red .n renting sz€2 pre ices and cellect~.=.g rent thatafram, anA
<br />(iit'7°..rC:"5, hx?5 and asscs~, cots upcr such p:HT,is?S. an„ ., n2tessar; ..^.t' i;
<br />fu appq sate? an said note a:1d any notes erdenc:rg tutu+? adrant?s h2:2und?~ cnt+.,the ind?bfcdn?is secarad .s ,t ly pain, and far such purpases.
<br />fir` undersigned does hereby s?l:. ass,gn, set ,;,,.r and transf?r unto Commertia! a:! of said rents, proceeds and incomes including any land cantract
<br />payments due ..mortgage dwo?rs ar any other incomes df any type rhatseev2r fraT, said property td be applied or. the notes above desctibed; but said
<br />Canmercial shat! in no case be liable for the farlure to ;3rotur2 tenants- to collect rents- o; ?e p;osecu?e actions to recover oossess+on of said premises.
<br />The plortgagors further appom? Cammeriaf df ~=aha. Nebraska in?+r attorney '.n tact giv;ng sa+d attorney ~w2r irrevacan!v. either cn its own
<br />narrce or !J~rtgagors' names to fake all necessary st?ps `.'r pmte2dmgs :n tour er otherwise. ff, cause Said premises to be vacated, to collect reota!s
<br />er other incoe+es due, and when +acant. to [?let t~? same to wake al; reasanabf? repairs and pay taxes ou? at said rents, profits, connect payments er
<br />incomes and fu da a!I such things either by +is awn effters nr Lrv late! ;,ethos duf>.:~ auMenzed 2nd appointed trv rt, as its agent for said purpose. and
<br />fc charge ar pay a r:amnabie fee for such s2r„tes a!1 of the a~ve h t>z acne at such t+me=_ and +n sub manner and on such terms as to thou said
<br />attorney rsay seem hest, w;fh full paw?r df substib:t:aa
<br />The tAart~gors hereby agree th - - -nn?-nai ?.+t:er v~.ur.+arr;y c - - iur;ai+ y be o.~:c cr ,s , red? a w + ~ a .y su i e- pr t22d+ig r2'ating
<br />fa the hereinbefore destri~d rea9 esta,_ or to th s °rort~ag? or safe n ,_ o, r_.es othc: inan a ,arec.osure insni~,<d by Ca~rertia+ ftortgagors will
<br />re=;mhune u"rmmertiaf for all reasonable casts ;nccrred ty Eam,-a2rc,ai .n said sort cr moteeGing- The brigag.-rs forth?+ agree that if h'te her2inbatore
<br />asst=.ibed real estate ar arty part thereat be land?coned under ±P2 power of aninen? domain, e; ~s atherw:se atGu+red for a pub!~c use. the damages
<br />awa`Ced, the ptateeds f7 tht2 taking, and for die C~nS:dera?~~i. far slltfi acquisii~,n to the extent df th? ?ail amount of the remain+ng unpaid indeoted-
<br />ness secured by this mortgage, bz, and they tt?reby are. ass+gn?d to Carmertiai and steal! be paid !nrthw+fh to Commercial te. be applied on account of
<br />tlt? cast maU~ring ity~al;merrts of suth i ':?d. 5
<br />f>zted this %~ day of 14 ~. ~
<br />a f
<br />tN Tii£ PRESENCE 4P:
<br />~~,~ ~' Roger K. 33oa'nes
<br />STAT£ OF N£BRA~4A
<br />COUNTY OE Hall __.
<br />On this ~ day of _- . 19~. helots me, a notary public :n and for said County. personally tame
<br />ffte alwve-Rinsed
<br />Roger 1C. H " s, a single person
<br />io me welt known to be the Identical person or persons whose name is or names are affixed In the above mortgage as granter or grantors and they, he
<br />ar stre, severally atkriowledge the said instrument and the execu ' tr+>~rj}pity~iy}ct and deed.
<br />ARI+IOLD 6. WED9ERG 1
<br />WITNESS my hand and Notarial Seal this day and year last a 11lrCanar.I:p Ckt. r~. ti~ `'~~`y, ~ j _ ,/.,~^ _
<br />- -~-~~ _ Notsr~ PcL;:L
<br />bN commiss+on expnes on the.,~_~ .-day ci r: r -E~~_i__ 19 ~ `/~ At 7''`
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