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<br />83--004411
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<br />3. The mortgagor covenants and agrees that if he shall faillo pay said indebtedness or any part thereof when
<br />due, or shall fail to perform any covenant or agreemenl of this instrument or the promissory note secured herehy, the
<br />entire indebtedness hereby secured shall immediately become due, payable, and collectible withont notice, at the
<br />option of the mortgagee or assigns, regardless of maturity, and the mortllagee or his assigns may hefore or after entry
<br />sell said property without appraisement Ithe mortga/(or havin/( waive<l an,! assi!!lletl lo the mort/(agee all rights of
<br />appraisement) ;
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<br />(t) at judicial sale pn,"uant to the provisions of 28 U.S.C. 2001 I a) ; ur
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<br />(II) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and
<br />best bid complying with the terms of sale and manner of payment specified in the published notice of sale, first
<br />giving four weeks' ilotice of the time, lernlS, and place of such sale, hy .ul\'...rti~ement not Je~ti titan onc~
<br />during each of said four weeks in a newspaper published or distributed in the county.;n which said property
<br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any penon on
<br />behalf of said mortgagee, may bid with the unpaid indebtedness cvidenced 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 behall of the mortgagor and to
<br />deliver to the purchaser at such sale a sufficient convey'ance oC said property, which conveyance shall contain
<br />recitals as to. the happening oC the default upon which the execution of the power of sale herein granted
<br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the
<br />mortgagee, the agent and attorney in fact oC said mortgagor to make such recitals and to execute said
<br />conveyance and hereby covenants and agrees that the recitals so made shall be effectual to har all equity or
<br />right of redemption, home.tea,I, dower, and all other exemptions of the mort/(a/(or, all of which are herehy"
<br />expressly waived and conveyed to the mortgagee; or
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<br />(UI! takc any other appropriate actiou pursuant to slale ur Federal statute either iu .lale or Fe,leral
<br />court or oth..rwise for the disposition of the property.
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<br />In the event of a sale as hereinbefore provided, the mortgagor or any peISUns in possession under the mort.
<br />gagor shall then hecome and be tenants holding over and shall forthwith deliver possession to the purchaser ilt
<br />such sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holtling uver.
<br />The power IInd agency hereby granted lire coupled with IIn interest IItHl are irre,"ocable by Ileath or utherwise, and
<br />are granted as cumulative to ~d~...fo!,coll~"II.aill indehtedne.. provided by law.
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<br />4. The proceeds of any sale I ~;~rt~>if~~~~d~nce with the preceding paragraphs shall be applied Ii,."t
<br />to pay the coats and expense. oC said sale, the expen8e8 incurred hy the mortgagee for the purpose of prolecting or main-
<br />taining said property, and reasonahle attorneys' fees; secondly, to pay' the imlebte,lness secure,l herehy; an,lthirtlly,
<br />to pay any surplus or exce.. to the pel"l!On or persons legally entitled thereto.
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<br />5. In the event said property is sold al a judicial foreclosure sale or pursuanl to Ihe power of sale hereinahove
<br />granted, and the proceeds are not sufficienllo pay the total indebtedness secured hy this instroment and evidenced hy
<br />said promi..ory note, the mortgagee will be enlilled to a deficiency judgment for the amount of the deficiency without
<br />restud to approu..ment.
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<br />6. In the even I Ihe mortgagor fails to pay any' Federal, .tale, or local lax a..e..menl, income lax 0" uthe.. !ilx
<br />lien, charge, fee, or other expense charged against the property the mortgagee is hereby authorized 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 a\llo"nt of thc
<br />indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and
<br />discharge the indebtedne.. evidenced by said promissory note, and shall pay such sums and shall discharge al\
<br />taxes and liens and the cOats, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage
<br />.hall he canceled and surrendered.
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<br />7. The covenants herein contained shall bind and the bencfits and advantage. .hall innre lu the rcopcel;.e otll"
<br />ce..ora and assigns of the parties hereto. Whenever ~sed, the singular number .hall include the plural, the plural the
<br />singular, and the WIe of any gender shall ;)1clude all genders.
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<br />8. No waiver of any covenant herein Or of the obligation .ecnred hereby .1",11 at llll~ time thert',Ifter he helll
<br />10 be a waiver of the terms hereoC or of the note secured hereby.
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<br />9, A judicial decree, order, or judgment holding any provision or purlion of thi. inslrulllent invalid "" uncn.
<br />forccable shall not in any way impair or preclude the enforcement of the remaining provi.ioll5 or portions of this
<br />in81rument.
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<br />10. Any written notice to he i..ued to the mortgagor pursuant to the proV'.ICWI oC this in.trumellt .hall be ad.
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<br />dreuedlou...mo~.gor.l 3310 West Capital ."'venue, Grand Island, NE (,8801
<br />and any written notice to he i..ued to the Jnortga~ee .h.n
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<br />headd."...,dtothemortgageel1t P.o. Box 1507,2015 N.llroadwoll, GrcHiu Island, Nr: ,,8802
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<br />Gd'-'(.~ .)l......."
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<br />$9"- FO"M Saft U:..'3)
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