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79-~ to ~ 2 ~ 1.9
<br />3. The mortgagor rovenants and agrees that if he. site)) fail to pay srid indebtedness ar any kart thereof when
<br />due, or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the
<br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at tl.e
<br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or hie assigns may before or after entry
<br />Bell said property without appraisement sthe mortgagee having waived and assigned to the mortgagee all rights of
<br />appraisement)
<br />(t) at judicial sale purouant to the provisions of 2$ L.S.C. 2110I i a t : or
<br />([[) at the option of the mortgagee, either by auction or by solicitation of sealed bide, for the highest and
<br />beat bid complying with the terms of Bale and mattner of payment specified in the published notice of Bale, first
<br />giving four weeks' notice of the time, terms, and place of such sale, by ad.rrtisement not lee:. than 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 indebtedness evidenced by said note). Said sale shall be
<br />held at or on the property to be sold or at tlne Federal, county, or city courthouse for the county in which the
<br />property is located. The mortgagee ie hereby authorized to execute for and on behalf of fire mortgagor and to
<br />deliver to the purchaser at each Bale a sufficient conveyance of said property, which conveyance shall contain
<br />recitals ae 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 of the
<br />mortgagee, the agent and attorney in fact of satd mortgagor to make such recitals and to execute said
<br />conveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar all equity or
<br />right of redemption, homestead, doweq and ail other exempiione of the mortgagor, all of which are hereby
<br />e:presely waived and conveyed to the mortgagee; or
<br />(ttti take any other appropriate action pursuant to state or Federal statute either in elate or Federal
<br />court or otherwise for the disposition of the property.
<br />In the event of a sale as hereinbefore provided, the mortgagor or any persons in poeaeaeion under the mort-
<br />gagor shalt then become and be tenants holding over and shall forthwith deliver 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 gtanted.as_eumuiative to the remedies for collection of said indebtedness provided by law.
<br />4. The proceeds of any Bale of said property in accordance with the preceding paragraphs shall be applied firer
<br />to pay the costa sad ezpeneee of said ealq the expenses incurred by the mortgagee for the purpose of protecting or main-
<br />taining said property, and reasonable attorneys'fees;~econdly,to pay the indebtedness secured heretic; and thirdly,
<br />to pay any surplus or excess to the person ar persons legally entitled thereto.
<br />5. In the event said property its sold at a judicial foreclosure Bale or pursuant to the power of sale hereinabove
<br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by
<br />acid promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency w~ithaut
<br />regard to stppraisement.
<br />5. In the event the mortgagor fails to pay any Federal, state, or local tas aasesement, income tax or other tai
<br />lien, charge, lee, or other expense charged against the property the mortgagee is hereby authorized at hie option to
<br />pay the same. Any sums eo paid by the mortgagee shall be added to and become a part of the principal amount o[ the
<br />indebtedness evidenced by said note, subject to the name terms sad conditions. If the mortgagor shall pay and
<br />dvcharge the indebtedness evidenced by said promissory note, and shall pay each sutra end shall discharge all
<br />taxes and liew and the rwste, fees, and ezpeaeea of making, enforcing, and ezecutiog this mortgage, then this mortgage
<br />rhall be cancehtd and sarrendcred.
<br />7. The eovenanta herein eoawined shall bind aed the benefits and advantages shall inure to the rrspwrtive suc-
<br />cessore and aatigns of the parties hereto. Whenever used, the singular number shall include the plural, the plant the
<br />singular, and the rue of any gender shall include all gender.
<br />$, No waiver of say covettaat heroin or of the obligation secured hereby shall r! ant titre thereafter Ire held
<br />w be a waiver of the terms hereof or of the note xcured hereby.
<br />4. A jndieial decree, order, or judgment holding any provision or Iroriion of this instrument invalid or uueu-
<br />foxxable drat) rtot is any way impair or preclude the enforcement of the remaining provisions or portions of this
<br />fn~r~eat. ,
<br />10. Any wri[[ea notice to be issued to the mortgagor pursuant to the pmviecm of tbis ioettumeat shall be ad-
<br />dtarasedtetbeanortgafgarat -. 270$-70 Old -Fair Road~Crand )eland, Nebraska
<br />aa; xrttlaa a,-t3~,. !:> be issued to the mortgagx shall
<br />be addressed to the mortgagee at 304 West Third Street, Grand Island, Nebraska
<br />,,,
<br />' - GPO 934.24.,
<br />enw FORM 91A t2.7a)
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