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~'g'.. `.~r~~.:-k EXPAI"~DABD~ I~~OR'~'~AGE s1~~~-0 A551GNMENT 4r= RENTS Loan r,a. ~_____.___. KNti~W ALL t[fEN BY 7HE5E PRESEN7S: That Darrell L. ~€ilhelm and Grace L« ~filhelm, husband and wife, 'Thirty Three thousand. night hundz+ed dollarr~herein R~ol"~~tJi!"e Ntart,gagorsl in consldertian af'the sum of --f)ak'lars (5ee33,8f3O, 41t*'a ~ !paned to Mortgagors, do hereby grant, bargain, sell and convey unto COMMERCiAI FEDERAL SAVINGS AND LOAN ASSOCf/;:ION of Omaha, Netraska. {hereinafter called "Commercial"), its successors and assigns, the following described real estate, situated in the County of, HALL State of Nebraska, to-wit: ---The North Eighty-Four and Forty-Five Hundredths Feet(84.45') of Lot Eight (8 ), in Block Tiro (2), in Boggs and Hill's Addition to the City of Grand Island, Hall County, Nebraska.---- TO HAVE AND TG HOLD THE SAME, with the aepurtenances thereunto belonging, unto Commercial, its successors and assigns, forever. Said ~torigagars hereby covenant with said Commeraal, its successors and assigns, G`rat 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 aH persons whomsoever. Provided, nevertheless, these presents are upon the fallowing conditions: That whereas the said Mortgagors as members at 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 note and Charter and Dy-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 menial to the undersigned Mortgagors or their successors in title far any purpose, ai any time before the release and cancellation of this mortgage, but PROVIDED. HOWEVER, ai 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 110 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 conained shall be considered as I~miting the amount that shall he secured hereby when advanced to protect the security or in accordance with covenants contained m the mortgage. Now, 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 additional advances a ode until said debt is fully paid with interest, then these presents shall be void: otherwise, to be and rem2in in full force and effect; but if default should he made: (ai 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, ar ibi in keeping rir8 improvements on said premises insured against loss by reason of fire, lightning, and offer hazards included in extended coverage insurance in an amount not 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 be held by Commercial, and with a mortgage clause attached to said policy or policies, in favor of Commercial: or ."cj In the payment of taxes and assessments levied upon said premises, or on this mortgage, before they are delinquent; or (tll If There is any change m the ownership of the real estate mortgaged herein, by sale, either outright or try land contract, or by assignment of any interest tlrereon or otherwise; then, in any of the above set-forth events, the whole 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 nay other note far additional advances made shall, from the date of the exercise of said option, bear interest at the maximum legal rate per annum, and this mortgage may then tre 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 event, either before or alto: 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 aceurs in the making of the payments Cue on said note, and on any other note for additional advances, as therein agreed to he mzde. or in keeping the premises insured, as above provided, ar it default be made in the paymuft of the taxes or assessments levied upon the premises above described cr upon this mortgage, before they are by law delinquent, Commercial shalt be entitled to the immediate possession of the premises above described, together with all rents, proceeds and issues arising out of the premises, and may in its discretion use the rents sa far as it deems necessary far the purpose of making repairs upar. the promises and far tf+e payment of insurance premiums, taxes and assessments upon such premises: and far necessary expenses incurred in renting said premises and cotiecting rent ±herefrem, and to apply same cn said note and any poles evidencing future advances hereunder until the indebtedness socured is fully paid; and far such purposes, the undersigned does hereby self, assign, set giver and transfer uni^. Commercial ail of said rents, procoeds and iac~ es intfudin~g any "and contract payments due martgag? owners or any other incomes of any type whatsoever from said property to tin applied ear the rwtes a~sve-d~scrib€d; thtt said Commercial shall in ne case tie habie for the failure to procure tenants, to collect rents, or to prosecute actions to recover possession of said premises. The Mortgagors further appoint Commercial of Omaha, Nebraska, their attorney in fact, giving said attorney ewer irrevocably, either on its own name cr Mortgagors' 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 relet the same, to make all reasonable repairs and pay taxes out of said rents, profits, contract payments or incomes and io do aIf such things either by its own officers or by other parties duly authorized and appointed fn' it, as its agent for said purpose, and to charge or pay a reasonable tee for such services, all of the above to be done at such times and in such manner and on such terms as to their said attorney may seem best, with full power of substitution. The Mortgagors hereby agree that if Commercial either voluntarily or involuntarily becomes or is made a party to any suitor proceeding relating to the hereinbefore described real estate, or to this mortgage er said note or notes, other than a foreclosure instituted by Commercial, hicrigagors will re~mtxrrse Commeraal for all reasonable tests incurred by Commercial in said suitor proceeding. The Mortgagors further agree that if the hereinbefore described real estate or any part thereof be 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 for such acquisition to the extent of the full amount of the remaining unpaid indebted- ness secured by this mortgage, be, and that' hereby are, assigned to Commercial and shall be paid forthwith to Commercial to be applied on account of the last maturing installments of such indebtedness. Dated this___~._.._~dayof November _, 19?9. , !N THE PRESENCE OF: /~ _ ~ _~}. ~~ f ~'~ .~' STATE OF NEBRASKA COUNTY OF HALL ss. On this __ 20th _Tday of _ November the above-named f ~arrell L, Hilhalm 4 <<~'~. G ~ f !" C s alit r.' p~~.-. ~______- Grace L. Wilhelm t9 79 ,before me, ?notary public in and for said County, personally came Darrell L. iiilhalm and Grata L. Wilhelm, husband and xife. to me well known to tie the identical person o[ persons whose name is or names are of fixed to the above mortgage as grantor or grantors and they, he er she, severally acknowledge the said instrument and the execution thereof, to ba their voluntary act and deed. 6iA[roftJ[Y->lts~stirelse s='_, .-'- l WiT"YF~`~ ;Sriali(Seal this day and year last above writfon. -°'''~~ ~ °~ ~~ ''" Mp CMw- M.IMrL 91, tM1 ~~..-~ ~_;_-sY_~__r__~v_ ;!C'_~~'~'.~'~'2 ;~.:- ~ Notary Public 5iy commission expires nn the _ r 5 day ot='~~~E'~f .___ , ly ~~ . "A Su