Laserfiche WebLink
~~ .._._t~(30840 <br />3. The mortgagor covenants and agrees that i( he shall fail to pay said indebtedness or sera part thereof when <br />due, or shall fail to perform any covenant or agreement of this inetntmem or the promissory note secured hereby, the <br />eaGrc indebtedness hereby secured shall 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 earn' <br />sell aid property without appraisement i the mortgagor having waived and assigned to the mortgagee a11-~riRhts of <br />appraisement) <br />+t j at judicial sale pursuant to the provisions o{ 28 U.S.C. 20111 +a ~ ; ur <br />(n) at the option of the mortgagee, either by auction or by solicitation of seated bids, for [he highest and <br />base bid complying with the terms of Bale and manner o[ payment specified in the published notice of axle, Ent <br />giving four weeks' notice of the time, terms, anti place of sorb sale, h, advertiseneent not less thanunce <br />during each of eaid four weeks in a newspaper published or distributed in the county in which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any petwn. on <br />behalf of eaid mortgagee, may bid with the. unpaid indebtedness evidenced by eaid note). Said Bale shall be <br />held at or on the property to be sold or at the Federal, county, or city courthouse fur the wunty in which the <br />property is located. The mortgagee ie hereby authorised to execute for and on behalf of [he mortgagor and to <br />deliver to the purchaser at each sale 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 grtmted <br />depends; and the eaid mortgagor hereby constitutes end appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in tact of said mortgagor to make such recital and [o execute eaid <br />conveyance and hereby covenants and agrees that the recital eo made shall be eAectual to bat all equity or <br />right of redemptiao, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee: or <br />iuU take any other apprupriatr action pursuant to state ur Frdrral xtatutr rithr.r in state or l•'edrral <br />court or otherwise for the disposition of the property <br />In the event of a sale as hereinbefore provided, [he mortgagor or any persona in posetxsion under the mort• <br />gagor shall then become and be tenants holding over and shall forthwith deiivcr possession to the purchaser at <br />such sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. <br />The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and <br />are granted ae cumulative to the remedies fur collection of said indebtedness provided by law. <br />4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied Ent <br />to pay the cosh and a:penaesuC~ai,¢Aple,•~the a:peaces incurred by the mortgagee for the purpose of protecting or main- <br />taining said property, and reasott~-e`ble attornnya'fees;~econdly.to pa}'the indebtedness secured hereb}; and thirdly, <br />to pay any surplus or excess to the pettibn of pereone~legally entitled thereto. <br />5. In the event said property ie wld at • judicislforeclosure sale or pursuant to the power of Bale hereinabove <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by <br />eaid promiswry note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency urithout <br />regard to opprswemeat. <br />6. In the event the mortgagor fails to pay any Federal, state, ur iucal tax aaseesmeui, income tax or other cox <br />lien, charge, tee, or other expense charged against the property the mortgagee is hereby authorised at his option to <br />pay the same. Any sums eo paid by the mortgagee shall be added to and become a part of the principal ammmt of thu <br />iadebtednea evidenced by eaid note, eubjeet to the same terms and conditions. If Rhe mortgagor shall pay and <br />discharge the indebtedaew evidenced by said promissory note, and shall pay such sums and shell discharge all <br />tares and liens and the costs, fees, and e:pensee of making, enforcing, and executing this mortgage, then this mortgage <br />•baU be canceled sad surrendered. <br />7. The covenwb herein cooWioed shall bind and the benefits and advantages shall inure to the respective suc- <br />eesron seed assigns of the partid hereto. Whenever used, the singular number shall include the plural, the plural the <br />aingtalar, and the tees of soy gender shall iaciude all gender. <br />8: !Ve waiver of say oovenant herein or of the obligauou secured hereby shalt at nn} time therraftrr Ire held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. A judicial dtecree, order, or judgnveat holding any provlion ur purtiou u( this instruuent iu.alid ur uucn• <br />ftrrceabk shall sot io say way impair or prelude the enforcement of the remaining provisiane ur portions of date <br />iaatrnmeat. <br />lfl. Any writtN Mottos to be issut+d to the mortgagor pursuant to the provisicns of Chia instrument shelf be ad• <br />dragslMllteaseetpgatat 623 Pheasant P3ace, Grant3 Island, Nebrask° <br />sad any wtittea aotiee torte itrued to the mortgagee shall <br />M addrasaad to t-e tsttrrtgagae at 42~f tvsst :rci street., ,car,u .stand, tdreL~r:3ska <br />see. tysetr era !l(§%) <br />