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8O- 0~4~1$ EXPANDABLE 11+tORTGACTE <br />ASSIGNMENT OF RENTS t.aan Na_ 8227fx9-2 <br />KNDW ALL MEN BY TNESE PRESENTS: Fhat Steven L. Fredrick and Janelle A. Fredrick husba:ad aad xife. <br />(trereinafter daNed the tAorlgagors) in cnnsideratmn of f~ asrst nt <br />Forty nine thousand nine hundred and Ha/1GG- DbRars(E 4J SOt3.DD+~ 1 <br />I~ned to Mortgagors, do hereby grant, bargain, self arrd com2y until CDMitERC1Al FEDERAL SAVINGS AND CDAN ASSDCf~ritON af't)niafta, <br />Nebraska, (hereinafter rolled "Commercral"}, its succeswrs and assigns, the foflowiag dessrfied real estate, siEiraterl- irr fide fA ~; <br />Hall State of Nebraska, to-viii: <br />---l.ot Fourteen (24) R.EB Subdivision, Hall County, Nebraska.- <br />TO HAVE AND TO HOLD THE SAME. wrth the appurtenances thereunto belonging, rnio Commercial, its suecessotsand-assigns, far¢v¢r. <br />Said Motgagors hereby covenant wrth said Commercial, its successors and assigns, that Mortgagors are lawfullu seized of safdpremises, That <br />they are free from encumbrances: and that they will focever wa«ani and defend tfre title to said premises against the lawful claims of altpersons-- <br />whomscever. - <br />Pmuided, nevertheless, these presents are upan Ne Following conditions: <br />That whereas the said Mortgagors as members of Commercial have this date executed a note evidencing such loan and agreeing td repay said <br />sum of money, wish interest, in payments as set forth in said "note and have agreed to abide b}` the terms of said note and Charier and 8yLaws of <br />Commercial. _ <br />That whereas this mortgage shalt secure any additi one! advances, with interest, which may, at the option of Commercial, de made-try Cam- <br />menial to the undersigned Mortgagors or their successors in title for any purpose, at any time 6efare the release and cancellation of this mortgage, <br />iwi PROVIDED. HOWEVER, zt no time shall [he aggregate principal amount secured by this mortgage, being the amount due at any lime on said <br />original note and any addi~iona; advances made, exceed an amount equal to IID percent of the amount of ;he origifal note, but itt na event shalt <br />said note exceed the maximum amour,! permittee by law. and PROVIDED. HOWEVER. that nothing herein contained-shaft be considered as limiting <br />the amount that shall be secured hereby when advanced to protect the security or in accordance with covenants contained in the mortgage. <br />Now, if the said Mortgagors Shall pay fir cause to be paid the sard sums of money when due, as set forth in said note, and any otlner note for <br />additional advances made until said debt !s !ally pard wrth rnterest, !hen these oresents shall 6e void; atherxise, to be and remain in full force and <br />effect; but rt default should be made: <br />:a! In any of the payments due en card note. and any pdrer hate for adddional advances made, as therein agreed to be made for three manths, a <br />rbi In keeping the improvements do said Premises insured against lass by reason df fire, lightning, and ether hasards included in extended <br />coverage insurance in an amount not !¢ss than th¢ unpaid balance df Said mortgage loan, in a company or companies acceptable to Com~ <br />menial, the original of such policy or pahaes to be held try Commercial, and with a mortgage clause attached to said policy or policies, <br />m favor of Commercial or <br />!c! In the payment of taxes and assessments ~evrud upan said premrses, or on this mortgage. 6erore they are delinquenC fir <br />fd! If there is any change m the rwnershrp of fire real estate mortgaged herein. by sale, either outright fir by land contract, or by assignment of <br />any interost thereon or otherwis?: - <br />ihen, in env of the above set-forth events. the whine maebtedness hereby secured shall, at the option of Commercial, immediately become cue and <br />payable wdhout further notice, and the amount Gue wider said note ar,d any other ante for addrt,onal advances made shall, tram the date of the exercise <br />of sard option, dear interest 2t the max~mu^. legal rate per annum. ono the mortgage may Nen be foreclosed to satisfy the amount due on said note. and <br />any other note for additional advances, together with ail stuns paid by Comme¢;al for insurance, taxes. assessments and abstract extension charges, <br />with rnterest thereon Irani hl¢ date of rzymrni at the '~3xiewm legal rate. <br />PROVIDED that in no event ether t>Etere -;:~ Ater eeiawt snail the :merest due render said no!e and tins mortgage and env other note tnr ad~ <br />ditionat advances made exceed the maxnnpm iav; ful interest rate. <br />PROVIDED, further, fat m the ev¢dt that ~e.=,utt c s i:r the ;raking df t^e 8aymmt5 ;;ne un Bald sate, and .~r any other afire to addnc~sai <br />advances, as therein agreed td he mad? keepmg~the orem!ses re<_ur¢d, as above orovid¢d, or .f Gefavlt be maG¢ ~n the paymddt o! the taxes <br />or assessments levied upon the ,:rem; ses above nescrded err rrpdn This rnm [gage. Ge(me They are by raw dehnquenr Commercral shalt b2 en6U¢d <br />to the immediate possession of the premises above-described. together wrth all rents, proceeds and issues easing out of the prennses, sod may <br />in its disrreban use the rents so tin as rl tl¢ams ueressary for the purpos¢ of making repairs upon the premrses anti to the payineN of irsurancd <br />prenuams, lazes and assessments upon sack premrses. and for necessary expenses incurred in renirng said premises and ccllecbng rent fhereirem. and <br />to apply same on Sard note and any notes evrder.cing future advances h¢reuntler until the indebtedness secured is iul!y pard: and ter such purposes. <br />the unders~gneC does hereby set!. ass!gn, set over and ±ranster unto Commercal all dl said reu ts, proceeds and incomes including any land contract <br />payments due mortgage owners fir any other incomes of any type whatsoever from Sard property fo be applied nn the notes above-descn hetl: but said <br />Commercial shall in no case be liable for the torture to Drocure tenants. to ddHect rents, or to prosecute actions to r=cover possession of said premises, <br />The Morgagors imther appoint Comineraai of Omaha, Nebraska, iher attorney m fact, giving said attorney power rtrevecabiv, ether on its own <br />name or Mortgagors' names to take ail necessary Steps (or proceedings In court or otherwise, to cause card premrses to he vacated, to cosec; ren tars <br />ar other inwmes due, and when vacant, tp role! the same, to make all reasonable repa«s and pay taxes out fit said rents, prop ts, conuact Cayinen is or <br />incomes and to do all such things either by its own dfbcers pr 6y oCrer parties duly authonzetl and appmntetl by rt- as its agent Idr sard purpose, ana <br />to charge or pay a reasonable tee for such services. ah of the above to 6e done 3t such times and m such manner and on such terms as to thou said <br />attorney may seem best, with full power nt subsh lotion. <br />The Mortgagors hereby agree That rf Commercial either voluntarily or mvalun tanly becomes or :s made a party m any sw1 sr proceedng relating <br />to the hereinbetore described real estate- or tp this mortgage or said note or notes, other than a forecioswe ins6 toted by Commercral. ":longagors z,ili <br />reimburse Commercial ter all reasonable costs incurred by Commercal m sard sinl or proceeding. The Mortgagors further agree that a the mie,nbelore <br />described real estate or any part thereof be condwnned under the power of eminent domain, or is otherwise acgm red for a pubirc use. the tla~nages <br />awarded, the proceeds for the taking, and for the consderahon for such acquisition to the extent of the full amount of the remaining unpaiG indebte0~ <br />ness secured bl' this mortgage, be, and they hereby are, assigned Io Commercral and shall be paid forthwith to Commeioai to 6e applied mr aaoum c' <br />the last maturing mstANm¢nts of such mdebtednes5 <br />Dated dris_ t~ day df _ .------August.----- t9 _8G <br />~_____ ~ 1~~~_ <br />f - Steven L,~Fredrick <br />___._ /,. <br />-- _ _" _ -""- Janelle A. Fredrick <br />STATE OFNEBRASKA <br />COUNTY OF HALLr/ ss <br />On this .....~ ___ - .. -. -. day of August ;9 - -8r) before roe, a notar <br />the above~narded y pubirc in ana for said l:ounly. pe6n:~: ~v cane <br />Steven L, F'redr;.ck and Janelle A. Fredrick husband and wife. <br />to me wet l'known la be the itlenbcal person fir cersoos whose name is er names are aihxed to Ne aWve nwrtgag2 as grantor ni grantors :roc a:€y. r•e <br />or she, severally acknowledge the sard nrsimment and the af, fa be th¢u veluniary act aril deed. <br />n frta` .~ <br />WITNES$ my hand and Notarial 1 t - a ~ ,p~ ~ . ~ f 1 i <br />: P 7 ... day u(- ~~. ,,a, ~ ~. <br />My commission ex ues do the-.. t ',:'-~"~..._ - :? ; -~~. <br />