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J: <br />10 5.10 <br />3. Tlic'mortgagor covenants and agrees that if lie shall fail to pay said indebteilnues or Ili%- part thereof wlien <br />rui'ientpr tile promissory note svetirv(I liert-by, tile <br />due, or shall fail to perform any, covellant or agrecinent of'this illst I <br />r -11 tile <br />entire indebtedness hereby secured shall -immediately- become title, payable, and Collectible without notice, , <br />may before or after entr% <br />'f lie inort'gagee or assigns, regardless of maturity, and lit(- mortgagee or his assigils <br />CiPtion 0 1 .1-Agned Ili tile inort4a -lit of <br />sell said property without appraisenient (the mortgagor ilavillg wItived ;,,ill g�e all ri <br />appraisciticilit) <br />'M at judicial Sale -purstiant to the.provisions of 28 U.S.C. 2001 1 it I ur <br />agee, either by auction or by solicitation of settled bids, for the highestland <br />00 at the option of the mortg, <br />best bid complying with the terms of sale and manner of payment speicified in tile published notice of �,ale.-firbt <br />living . four weeks' notice of the tillie, terms. an(l place of tmeh :�alv, bv -1—rlisvillent 'lot 1(­� thau I)IIC(. <br />)cr publi�licd or disiribitte(l in tile county in which sai(l property <br />during each of said four weeks in a newspal <br />is situated, all other notice being hereby waived by tile mortgagor. -(and sal i d mortgagee, or any person. Oil <br />-Weliced bN . Aiii(l note). Sili(l sale shall be <br />behalf of said mortga,,ec, maN bid with the unpaid indcbte(lnc�si e% <br />-hich tile <br />held at or oil the property to be sold or at the Federal, county, or city courthouse for tile County III u <br />c mortgagor ail <br />property is located.. The mortgagee is liercbN authorized to execute for and oil beliall of Ili' ' d to <br />deliver to the purchaser at such sale a sufficient conveyance of sai(l propertY. which conveyance sliall coritain <br />riled <br />recitals as to the happening of the default upon which the execution of the power Of stile herein gri <br />-Igee or any agent or attorney of the <br />depends; and the said mortgagor hereby constitutes and appoints the mortcr, <br />0 C <br />mortgagee, the agent and attorney in fact of said morn,agor to make such recitals and to execute �said <br />conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar a I q i y or <br />right . of redemption, homestead, d I ower, ail(] all other exempt t* 'hich are herebN <br />ions of tile mor gagor. all of w <br />r <br />expressly waived an(] conveyed to the mortgagee; or <br />appropr . iate action 1� state or Federal StillUtt! Cithel' ill Ailte 01' Vell:r;ll <br />(m) take any other , wr6umit. to <br />court or otherwise for the disposition of the property. <br />'It - I the'evcIlt, of a sale as hercinbefofe provided, the mortgagor. or any persons in possession under the in ' ort <br />gagor sliall-ilicii become and be tenants holding over and*sliall forthwith deli.ver possession to the purchaser al <br />such stile o� he summarily dispossessed, in accordance with.the provisions of law applicable to tellaill's holding over. <br />C_ <br />The power' and agency 1;creby granted are coupled with ail interest -and are irrevocable bi.*tleatll or ollferwi�v.. and <br />are granted as cumulative to the remedies for collection of said indebtedness provide(i by Jaw. <br />4. . The proceeds of an), sale of said property in accordance Nvith the preceding paragraphs shall be applic&first. <br />to pay the costs and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or niain. <br />taining said property, and reasonable attorneys' fees; secondly, to pay the inflebtediles, 6ectired liereby; an(l thirdIN, <br />to pay any surplus or excess to the person or persons le AN endiled thereto. <br />.9 Y <br />5. In the event said property is sold at a judicial foreclosure sale or pursuant to the power or sale hereinabove <br />granted, and the rocceds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by <br />p <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency Without <br />0 V <br />regard to a praiscritent. <br />P <br />6. In the event the mortgagor fails to*pay an-,. Federal, state, or local Iax assessment, income It'.\- oi- othe":tax <br />0 horized at his olitioli to <br />liell, charge, fee, or other expense charged apinst, tile property tlic�nlortgagce is hereby ant, <br />0 V <br />pay the same. Any sunis so paid by the mortgagee shall be added to and become a part of the principal aniotillt of.1.11C <br />indebtedness evilienced by said note, subject to the same terms -and conditions. If the mortgagor shall pay and <br />discliame the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge, all <br />taxes and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be canceled and surrendered. <br />7. The-covenantil herein contained sl iall bind and the benefits and advantages sliall intire to Ili(! repecti%e :�Ile- <br />ces8ors and assigns of the parties hereto. Whenever used, tile singular. number shall include the plural, th . e plural the <br />giiigular,4nd the use of any gender shall include all genders. <br />8. No'.waiver of ..my covenant herein or of the obligation secured hereby diall at anN little thereafter Ile held <br />to be a waiver of the terins.hereof or of the note 8ecuredliereby. <br />9. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or unell- <br />fo recable shall not in tiny waY inivair or preclude the enforcement of tile remaining provisions or portions of this <br />instrUnicrit. <br />10. Any written imtce to be issued to the mortgagor pursuant to 'the provisions of this instrument hall Ile ad <br />dreasedtothemortgagueat 11-204 Bellwood Drivd,* Grand Island, Nebraska 68801 <br />and any written notice to be issued to the mortgagee shall <br />be addressed to the mortgagee at l3th & M Streets, Lincoln, Nebraska 68508 <br />