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$O.~ ,i„,~,~~'~~ EXPANDABLE MORTGAGE
<br />ASSIGNMENT OF RENTS Loaa Nc. ___,-~222p'Q'-,"~--
<br />KNOW ALL MEN BY THESE PRESENTS: That Barton J. Manny and Audrey M, !!fanny, husband and rrrife„
<br />(hereinafter c,~lled the Mortgagors) in consideration of the sum of
<br />Ff'~y Four thausany3 dollars and Na/IOD--__-_...„._,.,_____..."..___-____-'~$allars (S ~*54,ppp.DtJe~
<br />loaned to Mortgagors, do hereby grant, bargain. soli and convey unto COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION of Omaha,
<br />Nebraska, (hereinafter called "Commercial"}, its successors and assigns, the following described real estate, situafed in the County of,
<br />HALL State of Nebraska, to-wit:
<br />Lot Six (6) in Kestroads Estates Third Subdivision, in Hall County, Nebraska ---
<br />TO HAVE .AND TO HOLD THE SAME, with the appurtenances thereunto belonging, unto Commercial, rts successors and assigns, forever.
<br />Said Mortgagors hereby covenant with said Commercial, !ts successors and assigns, that Mortgagors are lawfully seized of said premises. that
<br />they are free from encumbrances. and that they will forever warrant and defend the tine to said premises against the lawful clams dl alt persons
<br />whomsoever.
<br />Provided, nevertheless, these presents are upon the following conditions:
<br />That whereas the said Mortgagors as memhers of Commercial have this date executed a note evidencing such loan and agreeing to repay sa!d
<br />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 BY-Laws of
<br />Commercial.
<br />Tfrai whereas this mortgage shall secure any additional advances, with interest, which may, at the option of Commercial, be made 6y Com-
<br />mercial to the undersigned Mortgagors or their successors in t!tle for any purpose, at any time before the release and cancellation of this mortgage,
<br />6uf PROVIDED, HOWEVER, at no time shall the aggregate pnncipa! amount secured by this mortgage. 6emg the amount due at any time on said
<br />original note and any additional advances made, exceed an amount equal to 110 percent of the amount of the ongmal note, but in ne event shall
<br />said note exceed the maximum amount permitted by law. and PROVIDED, HOWEVER, that nothing herein contained shall Ire considered as limiting
<br />the amount that shall be secured hereby when advanced to protect the security or m accordance with covenants contained in Cte ;nortgage.
<br />Nave, if the said Mortgagors shall pay or cause to be paid the sold sums of money when due, as set forth m said note, and env other note for
<br />additional advances made until said debt is fully paid with interest, then these presents shall be vn!d: otherwise, to be and remain in full force and
<br />effect; but if default should be made: ,
<br />ta) In any of the payments due on said note, and any oNer note far additional advances made, as therein agreed to be made for three months. or
<br />(b; to keeping th€ ,mprcve€a€nts on said premises insured against loss try reason. of fire, lighin!ng, and other hazards rnciuded in extended
<br />coverage insurance in an amount not less than the unpaid balance of said mortgage Inan, in a co-pany or compan!es aeceptabte to Ca+^
<br />menial, the onginal of such policy or polices to he held by Commercial, and with a mortgage clause attached to sa!d policy or pol!aes.
<br />in favor of Cormnercial; or
<br />(cf Ir. the payment cf taxes and assessments levied upon said premises, or or th!s mortgage, before they are delinquent. or
<br />+dl If throe is any change in the ownership of the real estate mortgaged herein, by sale, either outright or by land contract.. or by assignment of
<br />any interest Crereon or otherwise;
<br />their ~n any of the above set•torth evenks, the whole indebtedness hereby secured shall, at the option of Commercial, immed+atety become due and
<br />payable without further nrrtice. and the amount due under said dote and any other note far additional advances made shall, from the date of the exerc!se
<br />of sa+d option, bear interest at the maximum legal rate per annum, and this mortgage may then be foreclosed to satisfy 'the amount due on said note. and
<br />any other note for additional advances, together with all sums paid by Commercial for insurance, taxes, assessments and abstract extension charges.
<br />with ;nterest thereon fret, the date of payment at the maximum legal rate.
<br />PROVtpED that to no event. ether before or after detautt, shat! the interest due under said note and th!s mortgage and env afher note for ad
<br />drh!xnai advanees made exceed the maximum lawful interest rate.
<br />€R~'VrC~ art;er root ;r, the e •errt that default occurs in the making of the payments due ur! said note. anu ~ a+~y ;,^e= rate to aC iaral
<br />~ev~,ces xs `t~arg,n c tc. nu mane- ,,, weeping the premises insured, as a~ve ;, ~t,dm;, a?,~ti,t ~ ~ ~ ~, ~ ,a; ;
<br />,r assess~:ent_ !eared ~?.. ±ne p=emtses ahoae described or upon this mortgage; before they are by +aw dolrogua€i _ :!ma c.a- aha!; r ^_v+;.:.ed
<br />tv ;Fe ,m =estate f,ossess,3;r of Cre pren+.!ses atrove described. together with ail rents. proceeds and ;slues arsinF a,,t ,,l ore ;ae.~tr!s£s, aa, ;a
<br />:= ii!~c ~s~~ +, rvnrs s_ ~r as !t deems necessary for lire ~rrpo,e of !Waking repairs u;~r, Cte ,~r~t.s€s ~, , , dr Env*ezt ,f .,~ -;,;cu
<br />~• :r r .~sr ,c a ~r __rnts a r s,ch urem+ses, and for naoes~sary expensat _nrurrgd in •ent!ng ~_,: ,, sec : ..~~
<br />~R:~ly ~"@ ~' 4 .. -rid any !3rt.s : v!der!eing future advances hereunder until the ,nd2ntedness seciiret? s rc! y a,.:d; ,and ,or such our ales,
<br />. L ~:~ - _ ~ -`r -`- ..° S = alto ~ranSter nn iv ~ °a - 3:x 'l S. - .~.CCn3 - t ~eS - - -- ~ ar - aril. 9 ~ -t
<br />par~?~,ts ~: -.~.€ w e_~ ,- ~r y _ihet r! f,er of env typ^ wt=at~~~. f{~: sr.d r.,:;=~.,F .., ua3a.v~ •~~
<br />iwamerc!atsnatitn no case t!n i!aote tar the ia!(ure to procure tenants. to collect rents, or to prosecute attrtlns to recover possess!on t sa,d ret;rses
<br />The ~riga~rs to+thfr, apprnt Co-;meteial rf Omaha, Nebraska, thou attamey to fact. givrng sa,d attorney txawet tne•~ocat~ crSher on .ts awn
<br />name or htorigagors' napes tv tahe air .,ecessary steps ter proceedings in court ar otnerwise, to cause - ~ d pt~n!ses tv ~ vrCafed ac co'sect re,'t~ts
<br />ar other !rcomes due. ono when vacant to !elet the same. to make a!I reasonable repairs and pay Eaxes out of sa!d ants, pr,hts, ccartract pa,tnertts or
<br />!ncpa~CS and (G df a't sv[n µ!ngs e er by !f wn ~fficefs Ot hY Other par(ICS tluRy auiher!Zetl and app4!n(ed fp{ !t, as ~t5 agCnt f~, c~- - -,~, 5 a"
<br />t2 ct+arge m pay a reasorabie fec to loch sera!ces alp of the afmve tO be done at such tunes and ut such manner and on such leas as t„ the s;rd
<br />attorney may *~8t~ best, w,th tort {~~wHr ~~f ;uh5t!tuhrn
<br />The blurtgagers n4re'aq agree t" t r ~h e c~a .!they .oiuntarily Or tnvoiuntanh° becomes or i5 made a party to any sntf „r ur~eedifrg retatrng
<br />to The herein4etcre eescnLed teat es E ' t ~ !tgage er sold note qr notes, other Than a tnreclnsute insbtuled by Co<T.merr!at Mo=igag~s wr!t
<br />rc!mtxrrse ~rnnraerctat for , i re~sm i - g, - _r~! by r'1- meraal !n s.~;d sort c~ pr~e¢dtng The Mortga~rs further agree that rir -uretrpcfoie
<br />dnsnibed real estate or my part trrt re ~ .,€ c ndc,~ned ua~er the power of eminent domain, or is otherwise acgwred for a public n~o the danages
<br />awarded, the praceats tot Uhe tJk!ng. aria tot the im~sidcrabon for such acquisiha, fn the extent Of the full amount of the remauring~ cot+a!tl ~ndeht~~
<br />Oess seGUr~ by this t a t5tr~, ~ an heF he e~~y are. assr~xted tO Cammerc!at and shall be paid torCtw!th to Commercial to ire app „ -.,, --~-.aft .at
<br />ttre tact maturingnrsta!ln,cnts of s ct rnd_tted~~„s `-
<br />bated this ~ Slst day rl . Deca;taber 79 '~"'~
<br />___ , 14 -._,..__ .
<br />IN THE PRESENCE OF.;~ dEZ -
<br />3 __ __
<br />_ II. Manny ..._-
<br />~..
<br />- - - e__ ~- ..,_....
<br />STATE OF NEBRASKA ~ _"-' _- ~ ___^~ udrey M. Manny
<br />CODNTY OF ALL ss.
<br />• 31st December 79
<br />On this __..,___._..._ ...___ _ day of _ 19 _-__.. ,before me, a notac
<br />the shove-named - _ ' "'" ""_" Y public m and for sa!d County. personally came
<br />Barton J. Manny and Audrey M. Manny, husband and Hife.
<br />to me well known to he the identical person or persons whose name is or names are affixed to fhe above mortgage .as g!an!os er grantors ar:d the,. 're
<br />or she, Severally ac be ~airl in~-Y ctr~mg,„+~~~n ~putinn thoreot, to h_e their voluntary ac± and deed.
<br />NIIHMtM-NM-t~~f ,,~ 9
<br />WITNESS my hand d I ~~•~r~ ve writte;!. ~ ~/tai o~,,
<br />~~ccGG~~,, /J pp// Nota:v Puuhc
<br />My cornmiss!mt expues on the ____~s~?!_'t____- day of ~~~-_~_-_--. i't pL . M ;i!
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