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<br />79-i Qt3'f "~4b EXPANDABLE M(3RTGAGE
<br />Loan No..
<br />ASSIGNMENT OF RENTS 'Jr~75'~
<br />KNOW ALL MEN BY THESE PRESENTS: That Eioward Daffer Jr. and Deborah Daffer, husl,and and wiFe
<br />(hereinafter called the Mortgagors) in consideration of the sum of
<br />n~enty-Two thous nd ~~ve hurdre' dollars nC _ Dollars (5 'r-r22~5pC,COV~~:)
<br />loaned to Mortgagors, do~terebyLgrant, 6argam, self and convey un~O c~MMERCtAL FEDERAL SAVINGS AND LOAN ASSCCIAIION of Cmaha,
<br />Nebraska, (hereinafter called "Commercial"), its successors and assigns, the following described real estate, situated in the County of,
<br />State of Nebraska, to-wit:
<br />See Exhibit Aback side.
<br />TO HAVE AND TO HCID THE SAME, with the appurtenances thereunto belonging. unto Commercial, its successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial. its successors and assigns, that Mortgagors are IawtuHy seized of said premises, that
<br />they are tree from encumbrances, and that they will forever warrant and defend the title to said premises against the lawful claims of alt persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the fallowing canditians:
<br />That whereas the said Mortgagors as members df 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 in said note and have agreed to abide nY the terms of said note and Charter and BY-Laws of
<br />Cammerciat.
<br />That whereas this mortgage shat! secure any additional advances, wim interest, which may, at the option of Commercial, ~ made DY Com-
<br />mercial to the undersigned Mortgagors ar melt successors m title for any purpose. at 2ny time before the release and cancellation of this mortgage,
<br />but PRCVIDED. HOWEVER, at no time shall the aggregate principal amount secured try this mortgage, being the amount due at any time on said
<br />d;iginai note an6 arty additional advances made, excded an amount equal to 110 percent of the amount of the original note, but in no event shall
<br />said note exceed me maximum ama:nt permitted DY law, and PROVIDED, HOWEVER. that nothing herein contained shall be considered as limiting
<br />the mnomtt that shat! he secured hereby when advanced to orated the secunty or in accordance with covenants contained in me mortgage.
<br />Naw, if the said Mortgagors steal! day or cause to be paid ma said sums of money when due, as set forth in said pate, and any ernes ,nc,tn rdr
<br />;ddihonat advances made unt!i said debt is fuly paid with interest, then these present, shalt be void: other:vise, to t>e and remain in full farce and
<br />effect; but iF default should be made:
<br />!a! in any of the payments due on said note, and ary other rote fa additional advances made, as therein agreed to be made for three manors, or
<br />+;Di In keeping Dre imerovemenis an said premises insured against loss by reasor, of f!re, !ighfiing, and amer hazards included it extended
<br />coverage insurance in an amount net less than the unpa!d balance et said mortgage lawn, in a company or companies acceptable to Com-
<br />~rciai, ifte dsigirtat of si:dt policy or palrcies to bz held ty Comrercia!. and wpm a mortgage clause attached to said policy or policies.
<br />in favor of Canxnerdiai x
<br />(c? ht the payma!t of tares and assessments levied ^pa, sold premises, cr an this mcrigage. cefcre they are detinquenY, or
<br />d? tf Drere is amt ritange to Lhe ownership of the real es+ate mortgaga: herein. by sale, either euttrghi er by land contract, ar 6y assignment of
<br />may interest thereon a; othern;se;
<br />that, in am df Drc shove set-forth everts. th<_ wt!a;e in[febtedness here;y secured shall, at me option of Commercial, immediately deccme due and
<br />payaitte wi~tout hrrttrer adtice, and the arratat d;:e a tee; sold note and any omer note for additional advances made shall, ham the date of Lhe exercise
<br />et said opton, clot interest at Dte maximum tegar rate par annum, and mis mortgage may then 1!e foreclosed to satisfy the amount due an said note, and
<br />any darer new ix additional advtztdes, together rotor 2t! sums paid 6y Commercial for insurance, taxes. assessments and abstract extension charges,
<br />wiDr interest Dsereon from Dte bate of pays ant at the maximum legal rate.
<br />PROVIDED that m ne event, either before or alto; dcfarit. stroll hre interest due seder said not= and this mortgage and any other note for ad-
<br />ditional advances rule exceed Lhe mazinm?: ',awh~t interest :ate.
<br />PROVlCED; hurMer, that is +1se =vent Etrat W_faaif xc,•rs in the raking of Lhe payments due on sold note. and or, any other notz fc-r additional
<br />advatces, as therein agrecxt to be ~r#, cr ;n krep~ng bte orarrses rnsurad, as atidYe pranid~, er rf default be made in the payment of the taxes
<br />m assessments levied up;tn tl:e pre:: sPS abo:~ descried a upon this mcrigage, 6efere they are by law delinquer?, Commerctai shall be entitled
<br />to the immediate posscssrat of the ;~-:s^: --,;'-Gestr;bed. togehher with ail rafts, proceeds and !slues ares!ng cut '` me prcrsises, and;,aY
<br />in its discrelion usz fire tours sa #ar ? .t d?em= i,cessay fx the prrpose a( making reua<<c ::;,;n the premises and for ;ne payr;.est of insurance
<br />premiums, fazes ~ assessrtrmtts umn such erentses an-'. for recassarv exn~sss ;,,uurred m ;enhng said premises and cone: tins rent theaefmm, and
<br />fi ap;»ly rrae at said Hate and any nWtes evidenci~,g tutu;: -.dvances hereunder :;!i the radebtalrecc seeura? is t„t;. 9;d. ~,.n f_, r; psrrrx~s,
<br />~ rsigtmd r~s txreby s`i;, ass;grt, s°; ever ariv transfer nia Cammertiat all at sa=.d r~!ts, prxze~~s airy !ncu~tcswinriuding a'My land contract
<br />paymanis due rnort~$e owrrers d' any der incomes dt env type whatsoever from said property to be acpii;e an me mates at!ev~-descrrhed; "urt said
<br />;bamerciaf shalt in no case be itahe tar are fart +re m procure tenants- to cdriect rents. ar to prosecute acre rs to r=cover ;.yssessior; of said prem!ses.
<br />Tice 19drtgzgors fruther appomr Ctmtrnerua': of Omaha. Nebraska, their attdmey in fact. giving sage aitamey powe !?revecabty, ether on its own
<br />ataare itr f~t~gOrs' names to take elf rtecessay steps far ; xeedtngs in, court ar amerwrse. rc cause sold pemises to T~ vacated. to collect tentafs
<br />~ other irr~ws thre, and when c-e~rt, to roict the sa;'!e. fi Hake a1! reasanabie repa~!s and pay taxes out o; sa,d rents. prdtits. contract payments or
<br />incomes and to do alt suc3t things either by !is own officers ar tit Dore; parties duly authc+ized and ap,^,a!nted by :(, as its agent far said purpose. and
<br />ra urge nr pay a reasarabte t~ for such services._!! o! the a;x:vn tc he exte at such c!mes and .n root tanner and do such terms as to fhetr card
<br />atmrn~ may scorn best, mat loll {rower of w^,stirLt:an.
<br />The hiw#gagors hereby agree that .f Caermerciai erfrer vdruntar,y o: invaluniar!iy bedamas or :s made a parrf m any suitor praceedrog relating
<br />th lira ttehe: desurtr~l r.ai csrs;z: or id this ,--rigage os said noiz er rates. other than a icreciosure !rsofuied by Ccxrrnerc!al. Nartgagars wrH
<br />reimfxuse Crratmerciai for ati reasonable cosh rcr:ned mr C;n.:merc!a! in sa d lull or praeed!ng. The tAartgagors farmer agree that if the hereinbefore
<br />desJtited ?.ai estate or arty part ttra~f bz conrtan^~ ;rrder ire mower at arirteni aomzin, ar is emermse acqu;rad for a public use, the damages
<br />avrarded, 6te proceeds fos the taking, and for Dte r;arsrderat,dn far such ac4urs~[!on to the extent of ti`ce full amount of me raanaining unpaid indebted-
<br />ness scarred h'y this mortgage, be, and Dreg iseretty ere, asstgrteo to Comrnerciat and she!; be paid formwim to Commercial to be applied ar account of
<br />the last eahvirg insfattm~rts of soar inrtabte!iness.
<br />Dated his +lth ~y dr Ge*_ob~r . i9 ; c T ~, . r
<br />iN C DE: ~ ~ , .! t
<br />~ i/
<br />'~ r i` i
<br />STliTf DF t1ESRAS'tFA
<br />P,ehorah Daffer
<br />iTY flF ~~ ~
<br />his h
<br />~ ~~ 4th - ~ of C1hYO er __ 19 7 ,before toe, a notary public in and for sa,G County. personally came
<br />Hotaarii Daffer Jr. and Deborah Daffer, husband and wife.
<br />~ t>m-watt lwtwvn ftr he tt~ ideolicat peasotr m p-^abns vrtrose name is ar names are affixed to lice a6~.,ve mortgage as gtantcr or granters and they, he
<br />m she, severalty aclwmr#edge the said instrum ~~`dl°4~'their volur+fary act and deed.
<br />p,}gypiD Q tlVEDB~fiG
<br />PfiTNESS mY hand and Naheriat Seal this day ~'tv r~en~ j~. ty~ /, : '
<br />_~___day oil. ~ ~/ Nc[aryruhi~c
<br />hiY commiss9~ expires on ttre ~ ~9 M-50
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