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<br />8~"`~0~892 <br />3. The mortgagor covenants and agrees that if he shall-fail to pay aaid indebtedness or an} part thereof when <br />due, or shalt fait to perform any covenant or agreement of this instrument or the promisson note secured hereby, the <br />entire indebtedness hereby secured shalt immediately become due, payable, and collectible without notice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />x11' aaid property without appraiaement 1 the mortgagor having waived and assigned to the mortgagee all rights of <br />appraieemerit) <br />t t) at judicial Bale pursuant to the provisions of 2$ U.S.C. ZtJgl ~ a! ; ur <br />(tt} at the option of the mortgagee, either by auction or by eolicitetion of sealed bide, for the highest and <br />beet bid complying with the terms of sale and manner of payment specified in the published notice of sale, first <br />giving tour weeks' notice of the time, terms, and place of such sale, h~ advrriisrment not less than once <br />during each of said four weeks in a newspaper published or distributed in the county in which aaid property <br />ie situated, all other notice being hereby waived by the mortgagor land said mortgagee, or any person on <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note!. Said sale shall be <br />held at or on the property to be sold or at the Federal county, or city courthouse for the county in which the <br />property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at each Bale a sufficient conveyance of said property, which conveyance shall contain <br />recitals as to the happening of the default upon which the execution of the power of sale herein granted <br />depends; and the aaid mortgagor hereby conatitvtea and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney fn fact of said mortgagor to make ouch recitals and to execute said <br />conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor. all of which are hereh~ <br />expressly waived and conveyed to the mortgagee; or <br />Iu1! take any other appropriate action pursuant to state ur Prdrral statute either iu ,tale ur hrdrral <br />court or otherwise for the disposition of the proprrt~. <br />Ia the event of a Bale as bereinbefore provided, the mortgagor or any persona in possession under the mort- <br />gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser a1 <br />such Bale or be summarily diepoweeeed, in accordance with the proviaiona of law applicable to tenants holding over. <br />The power sad agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and <br />are granted as cumulative to the remedies for collection of said indebtedness provided by law. <br />4. The proceeds of any sale of aaid ptoperty in accordance with the preceding paragraphs shall be applied 6trot <br />to pay the soars and expenses of said Bale, the expenxe incurred by the mortgagee for the purpose of protecting or main- <br />taining aaid property, and reasonable attorneys fees; secondly, to pay the iudrbtednrss secured hrreln : an+l thirdly, <br />to pay any surplus or ezceae to the person or persona legal Iv entitled thereta. <br />c' _ ~ . <br />5. In the even(y~ia' ~.g~ a~udicial foreclosure axle or pursuant to the power cf sale hereinabeve <br />granted, and the proceeds are not sufsetent to pay the tout indebtedness secured by this instrument and evidenced by <br />said prnmiswry note, the mortgagee will be entitkd to a deficiency judgment for the amount of the deficiency urithout <br />regard to approisentent. <br />6. In the event the mortgagor fails to pay any Federal, state, ur local tai asseesmeut, income tax or other tug <br />lien, charge, fee, or other expense charged agaiwt Ute property the mortgagee is hereby authorised at his option to <br />pay the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount u[ the <br />indebtedness evidenced by said note, subject to the acme terms and conditions, If the mortgagor shall pap and <br />discharge the indebtedneaa evidenced by said promissoq• note, and shall pay such some and ahdl discharge all <br />faze and !leas and the eosin, fexts, and e:peases of making, enforcing, and executittg this mortgage, then this mortgage <br />-hall be canceled sad attrrondered. <br />7. The covtyaanta herein conLaigasd shall bind sad the benefits sad advantages shall inure to the rcsprctite suc- <br />eesaess sad assigter of the parties berate Whenever used, the singular number shall include the plural, the plural the <br />siagttlar, and the use of any gender shall include all geaden. <br />& Nn waiver of any covenant herein or of the obligation secured hereby shell at nut time thrrraftrr be held <br />to be a waive o[ the terms hereof or of the Hats secured hereby. <br />9. A jndieial decree, ordu, or judgment holding any provision ur portion uF tltia iustruutent invalid ur uncu• <br />€orceahW shall Hat in nay way impair or preetude the enforcement of the remairrinle proviaioaa ur portions of thin <br />iaatrutstmt. <br />10, A.y wrlttate notice to be Laued to the atom;agog pn»uaae to the proririco. of this innevment shall be ad• <br />dr+erplirtlr-+atertpyp~rat P.Q. Box 1507, 2815 N. Braaduell, Grand Island, NE f?9802 <br />and any written notice to be issued to the mortgagee shall <br />ha ~ddr*tradts tltstaartgagee rt ?ZSO N. Webb !fund, Grand Island, Nt; E;4$t}I <br />now «usta. sea (t.r at <br />