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r 79~~ UU437~ EXI'AN DABLE IvIORTGAGE ASSIGNIdENT OF RENTS Loan No. 821347_2___ KNOW ALL MEN BY THESE PRESENTS: That William B. Vanis and Vicki J. Vanis, husband and wife (hereinafter called the Mortgagors} in consideration of the sum of Thirtyy Nine Thousand Ei~ht Hundred Fifty and NO-/100--------------- Dollars (S --34 850.00--) loaned io Mortgagors, do hereby gran ,bargain, sell and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha, Nebrzska, {hereinafter called "Commercial"), its successors and assigns, the following described real estate, situated in the County of, Ball State of Nebraska, to-wit: Lot Thirty-six (36), in Sass Second Subdivision, located in Section Fourteen (14), To-.mship Eleven (11) North, Range Nine C4), West of the Sixth P.M., in Hall County, Nebraska, according to the recorded glat thereof. TO NAVE AND TO HOLD THE SAME, with the appurtenances thereunto belonging. unto Carnmercial. its successers and assigns, forever. Said Mortgagors hereby covenant with said Commercial, its successers and assigns. that Mortgagors are lawfully seized of said premises. that they are free from encumbrances, and that they will forever warant and defend the title to said premises against the lawful claims of all persons whomsoever. Provided, nevertheless, these presents are !pan the following conditions: ` That whereas the said Mortgagors as members of Commercial have this date executed a rate evidencing such loan. and agreeing to repay saiC sum of money, with interest, in payments as set forth in saiC note and nave agreed to abide by the terms of sa,d note and Charter and By-Laws of Commerial. That whereas this mortgage shall secure any additional advances, with interest which may, at the option cf Commercial, be mace by Com- mercial to Me urtdersigned Mortgagors or their successors in title far any purpose. at any time before the release and cancellahan of this mor±gage. but PROVIDED. HOWEVER, at no time shat! the a;gregate pnnupai amount secured by this mortgage. being the amount due at any time an said original note and any additional advances made. exceeC an amount equal to 110 percent of the amount of the origin&I note, but in no event shall said note exteed the maximum amcunt permitted by law. and PROVIDED. HOWEVER, that nothing herein contained shall be ccns;dered as hmiling the amount that shall be secured hereby when advanced to protect the security ar in accordance with covenants contained m the mortgage. Now. if Ne said Mortgagors shall pay or cause to be card the sold sums of money when due. as set forth in said note, and any other note for additional advances made until said debt is fully paid w;th interest. then these presents shall be vmd: atherx;se, to be and remain in full force and effect: but if default should be made: tai In any of the payments due on said note. and any other note far addrtionai advances made. as therein agreed tc be made for three munths'ar ibj to keeping the improvements en said premises insured against loss by reason of fire, lightning, and other hazards intluded ~n extended coverage insurance in an amount net less than the unpaiC balance of said mortgage loan. m a company ea cempames atteptable to Com- n;ercial. the original of such policy ar policies to bo helC by w~mmercia!. and w;th a mortgage clause attached to card nohcy or po!;cies. in favor of Commercial: ar {cl In the payment of taxes and assessments levied upon sa;tl premises. cr an this mortgage. before they are delinquent: ar !dl li Here is any change ;n the ownershm et the real estate mortgaged herein. by sale, ether euGight or by !and contract. cr by assgnment of any interest thereon or otherwise; then, in any of the above set-form events. the whole indebtedness hereby secured siali, al the apbort e` Cammerra!. ;^mediaiely become Cue and payable without further notice. and the amount due under sa;d note and any other note for additional aevantes made shall ha- the Cate of the exerhse of said option, bear interest at the maximum legal rate per annum. and this mortgage may then be fcreclosec to saisfy the amour; cue an said note, and any other note for additional advances, tagather with ail sums paid by Commercial for msutar.ce. fixes. assess^enis anC abstract extension charges. w;M interest thereon fra,~ the date of payment at the maxir;,um legal rate. PROVIDED that in na event ether before cr after default, shalt the interest due under said note and [his mortgage and any other note for ad- dliianal advances Wade ezcead the max;murr lawful :n,crest rare. PROVIDED, furfi;or, drat in the even: t^at default xcu:s it the -eking at the payments due on sa;d not?. and on any other neie far addihona: advances. as therein agreed to be made. ~ r it kip;rig the pseT~ses insured, as calve provided. or if default Sz -ode in the payment of the faxes or assessments levied upon the pre6;ses above descrrt+aC =or aeon Lh;s mortgage, before thoy are by law delinque^: Ccmmeraal sffalt be entitled to the immediate possession cf fie Dre^,ses abc.e aestr`ee, together w;ttt ail rents. proceeds and issues ar;s;ng out cf the premises. arid may in its discretion use the rents so tar as +; deeps necessar; icr the pv:rpese of making repairs upar, the premises and far the payment of insurance premiums, taxes and assessments upon ~r;ch pre,==::uses. a:~ tar aecessarv expenses incurreC in rent;ng said premises ar.d collecting rent t;~erefram, and to apaiy same an sold note and any notes ev~.de!cing f,;:are advances hereunder until the indebtedness s=cured is fully paid: and tar such purposes. Me undersigned does hereby sell. ass+gn_ set owr and ^aasfe: cn'•.a Commerca~ ail c.f sa;d rents, omceeds and incomes including any land contract payments thre mortgage owners ~x any oaeer ~'+c_F',•es '. a^y type whatsoever tram sale prcperh~ fe be applied on the roles above-described; but said C~rercial shalt in no rzse be 1;ahie fc: the ta, are ±: , ,:care tenants. to caiiea rents. of 42 proseoate act;ons to recover passess;aa ai said premses. The Mortgagors further ap,~rnt Ca,~merc~ai of O~,ana. NeorasKa thou attar: ey .n fact. giving said attorney power ;«evocably, ether an its own name or Mortgagors' names to take all necessary steps fo' prr,.caeC~ngs m court or ciMru;se to cause said premises to be vacated, to collect rentals or other incomes due, and when vaCarft. fo reiet the sale. to rake a!- reasonable repass and nay taxes out of said rents, profits. contract payments or incases and to do all sash M{ngs ether by its aw; cnc~ers a M~ enter px*~=s d.i!v authored and aPDa~nted by rt. as rts agent for saiC purpose, and to drarge or pay a reasonable tin far sad: serv!ces a:i cf rte above :; be acne at slob t;-~es aed :n such manner anC on such terms as to their sa;d attorney :nay seem best. with fur power of subs t; a~LOn. The Mort gars hereby agree that r _ c+a7 e;ther ~aauctac ry ct =rive-r;nrtanro becomes a; ~s m~7e a rary ie any sad ar proceed;ng rotating to ~ e hereinbefore described real estate. -~~~th!s -,a:tgage cr sa+a no'e or notes. ;tner t!w.^. a ?o:ec'.asure instituted by Commercial. Mortgagors will reimHtrse Cantme¢ial for aH reasonable cosT<;ncu«ed by Commernar u, said 1rt or p,aceetlmg. The A?n;igagors further agree that ;f the hereint~fora destribed real estate or any part thereof ae condemned under the paver of eminent d;,ma;n cr .s otherwise acqu«ed for a cubl~c use. the Ca-agos awarded. the proceeds for the ~3ktng, and tar Me cans;tletaHoc far such acgmsitian to the extent of the fu'd amcunt of the remain!ng unpaid mdehied- ness secured by this mortgag_~, be, and they hereby ore. ass,~red to Commercial aatl shat! ce pa,d forthwith tc Commercial to be applied on attount of Me last maGrring instatiments ni such Inde6tednas Dated this ~lr day of -~v~~ , i9 ~/L . 1N THE PRESENCE DF: ~ L~-! `~~ `~'-"`~ ~ ~ ~'`'~'1-'ice q.!!j Will B. Vanis ,-. ~= Vicki J. V s STATE OF NEBRASKA COUNTYflF ~ --- Hall f On Mrs ~~ day of r./UL~ ___ , ;? ~ , before me, a notary public in and for said County. Derscnally came the above-named ililliam B, Vanis and Vicki J. Vanis, husband and wife fo me weft known la be Me identical person or persons whose name is of ~ar::es are afhxed to fhe above mortgage as granter or grar,tcrs artl they; he ar she, severally acknowledge the sold instrument and the execufion cheroot, to be their voluntary act and deed. X11 ~•-i~~~y-r-~~~ ~ ITNES~nG•~~ Sell Mts day and year last above written. ~~/j/~/~~~ _~~~ /` ~/ ~ `' fbaiary Pobiic My commissionexpuesonMez~__dayat L~~~-57.-. _.li'~. MSC