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<br />33- 0044'64
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<br />'.,3. The mortgagor covenanlS and agrees that if he .hall fail to pay said indebledness or any pardhereof when
<br />diJ~!, or shall fail 10 perform any covenant or agreement of thi8..~strument or the promissory no Ie secured hereby, the
<br />eDtjre indebtedness hereby secured shall immediately become";due. payable, and collectible without notice, at ,the
<br />opiiPn ;of the mortgagee or assigns, regardless of maturit}., and:,the mortg"gee or hi. assigns may before or after entry
<br />~t:;.saidproperty without'llppraisement (the mortgagor having waiven ami a..il!ne<lto the mortgagee allrighls Of
<br />aPP1aieement) :
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<br />(I) at judicial sale pu....uant 10 the provision. of 2S;U.!i.C. 2001 I a ) ; or
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<br />(II) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for thehigbest 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 week.' notice of the lime, terms, and place of such .ale, h,' adverlisemenl nol Ie.. Ihan once
<br />during each of said 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 person on
<br />behalf of said mortgagee, may bid with the unpaid indebledness evidenced by said nole). 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 011 behalf of the mortgagor and to
<br />deliver to the purchaser at such 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 granted
<br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney oIthe
<br />mortgagee, Ihe agent and attorney in fact of said mortgagor to make such recitals and to execute said
<br />co~yance and hereby covenants and agrees that the recitals so made shall be e/lectualto bar all equity or
<br />right of redemption, homeslead, dower, and all other exemplions of the morlga!!or. all of which are hereh}
<br />expressly waived and conveyed to Ihe mortgagee: or
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<br />(III) lake any other appropriale action I'ursuant 10 slalc or Federal slatule eilher in slale or Fetleral
<br />court or oth..rwise for the disposition of the properl}'.
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<br />In the event of a sale as her~ere'Provided, the mortgagor or any persons in p08seosion under the mort-
<br />gagor shall then become and be:,.(~~-hold~go!/er and shan forlhwilh deliver p088e..ion to th.. purchaser al
<br />such sa]eor be summarily dispq8s, ' ~~~in accor<lilnce with the provisions of law applicable to lenanl, holtlin!! over.
<br />1 rs:" .,
<br />The power and agency hereby' grabted.'f{p,coupled with an interest and are irrevocable by ,lealh or olhN",i.e, ,ItHI
<br />are granted as cumulative to ~':'Jt~~..r ciltle~tion of said indebtedness provided by law.
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<br />... }
<br />4. The proceeds of any sale"<>t-~.et~rty in accordance with the preceding paragraphs shall be applied firet
<br />10 pay the costs and expel18e8 of said sia""the expenseo incurred by the mortgagee for the purpooe of protecting or main-
<br />lainiug said property, and reasonahle attorneys' fees; secondly, to pay' tbe indebtedne... secnred hereby: amllhirdly.
<br />to pay any surplus or exce.. to Ihe person or persons legally entitled thereto.
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<br />5. In the event said property is sold at a judicial foreclosure sale or pureuant to Ihe power of sale hereinabove
<br />granted, and the proceeds are not sufficient to pay the total indebtedne.. secured by Ihis instrumenl and evidenced by
<br />said promiaaory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without
<br />resard to appr.memelll.
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<br />6. In the event the mortgagor fails 10 pay. any. Feder ai, slale, or local la~ a...e..menl, income litx or olhel" lax
<br />lien, charge, fee, or other expense charged against the property the mortgagee is hereby authorized al his oplion to
<br />pay the same. Any sums 80 paid by the mortgagee shall be added to and become a part of Ihe principal amollnl of thc
<br />indebtedness evidenced by said note, subject to the .ame terms and conditions. If the mortgagor shall pay and
<br />discharge the indebtednese evidenced by said promissory note, and shall pay such sums and shall discharge all
<br />taxes and liens and the C08l8, fees, and expenses of making, enforcing, and executing Ims mortgage, then this mortgage
<br />.ball be canceled and surrendered.
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<br />7. T~ covenants herein contained shall bind and the benefits and advanlages .hall innre 10 the "',peeli,c ,IIC'
<br />Ceaaora andUligna .of the parties hereto. Whenever used, the singular number .hall include tbe plural, the plural the
<br />1Ii~.r. apd the use of any gender wall include all genders.
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<br />8. No waiver of any covenanl herein or of Ihe obligation secured hereby shall al an) limc then."r"'r be hehl
<br />to be a waiver of Ihe terms hereof or of the note secured hereby.
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<br />9. A j!;ldicial decree, order, or judgmenl holding auy I'rovision or I>urtion of Ihi. inslrumenl illYali,l or IInell'
<br />forc~e wan not in any way impair or preclude the enforcemenl of the remainin!! provisions or portions of Ihi.
<br />iuttrument.
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<br />10. AllY Wrltum nonee to be ieeuedto the mortgagor pursuant to tbe proviaiclUl of this instrument .h..1I be ad.
<br />dreo\lMl(ltot1M.mol1pJiorat 3022 West Old Potash Highway, Grand Island, Nebraska
<br />and any written notice 10 be ...ued to the mortgal<"" .hall
<br />be add..-d to the mort8l'See at 202 West Third, Grand Is 1 and, Nebraska
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<br />SeA F Ot'HoiI ~2t:1 (2'...13)
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