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<br />3. The mortgagor covenants and agrees that if he shall fail to pay said indehtetlnes~ ur any part thereat x•hen
<br />due, or shall fail to perform any covenant or agreement of this instrument or the promissory note record hereby, the
<br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the
<br />option of She mortgagee or assigns, regardless of maturity, and the mortgagee or hi: assigns may before ur after entrc
<br />sell said property without appraisement Ythe mortgagor having waived and essienrd to the mortgagee all rilihts of
<br />appraiaement)
<br />(1) at judicial sale pursuant to the provisions of 28 U.S.t:. 2001 t a ! ; ur
<br />(it) at the option of the mortgagee, either by auction or by solicitation of sealed bide, for the highest and
<br />beet bid complying with the terms of Bale and manner of payment specified in the published notice of sale, first
<br />giving four weeks' notice of the tints, terms, and place of ouch sale, by adarrtisrment sot less than once
<br />during each of acid 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 the Federal, county, or city courthouse for the county in which the
<br />property ie located. The mortgagee is hereby authorized to ezecute for and on behalf of the mortgagor and to
<br />deliver to the purchaser at ouch sale a sufficient comepance 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 conatitutee and appoints the mortgagee or any agent oe attorney of the
<br />mortgagee, the agent and attorney in fact of 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 bur all equity or
<br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which arc heretic
<br />expressly waived and conveyed to the mortgagee: or
<br />(wl take any other appropriate action pursuant to state or Federal statute Tither iu sate ur Federal
<br />court or otherwise for the disposition of the property.
<br />In the evmQ of a Bale as hereinbefore provided, the mortgagor or any pereotts in possession under the mort-
<br />gagor shall then become and be tenants holding over and sbafl forthwith deliver possession to the purchaser at
<br />sucl~aale~)te auatnta#i~,y-tl{epg4gessed, in accordance with the provisions of law applicable to tenants holding over.
<br />The po~-er and`stgitmlty[+1ratCbyt granted are coupled with an interest and are irrevocable by death nr otherwise, and
<br />are graAte9nea8tittt8i9titti=t6~11-e+ftlmedies for collection of said indebtedness provided be law.
<br />4. The proceeds of any axle of said property in accordance with the preceding paragraphs shall be applied first
<br />to pay the coats and ezpeaees of said sale, the ezpensee incurred by the mortgagee for the purpose of protecting or main•
<br />raining said property, and reasonable attorneys' Lees; secondly, to pap the iudebtednese secured hereby: and thirdk,
<br />to pay any surplus or sneers to the person nr persona legally entitled thereto.
<br />5. In the event said property ie told at a judicial foreeloaure Bale or pursuant w the power of sale hereinabove
<br />granted, sad the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by
<br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency urithout
<br />regard to atppraisexw~tt.
<br />6. h9 tht event the mortgagor fails to pay env Federal, state, ur local tai assessment, income tax or other tax
<br />lien, chsrge, fee, or other ezpenee charged against the property the mortgagee is hereby authorized at his option to
<br />pay the snare. Any sums so paid by she mortgagee shall be added to and become a part of the principal amount of Ntc
<br />indebtetlneas evidenced by said note, subject w the same terms and coaditiona If the mortgagor shall pay and
<br />discharge the indebtedness evidenced by said promissory note, and shall pay such some and shall discharge all
<br />taus sad lima and the wale, fees, and ezpenaes of making, enforcing, and ezecutittg this mortgage, then this mortgage
<br />rhaII be eanixied sad snrtmdered.
<br />7. The eoveaanL hetrSa eontaiaed shall bind and the benefits and ads-atttagen shall imve to thr rrsprctiae suc-
<br />eessora sad aaagas of the partrea hereto. Whenever used, the singular number shall inciade tht plural, the plural the
<br />siagalar, sad the use of sny grader shall inclade all gender.
<br />$. No waiver oI nay eovenaat herein or of the obligation secured hereba• shall at any time iherrafter be held
<br />W be a waiver of the terms hereof or of the note secured hereby.
<br />9. A judicial decree, order, or jodpamt bolding any provision of portion o[ thin instrument invalid or uncn-
<br />fotrceable shall not ie any way impair or preelade the mforcemeat of the remaining provisions or portions of thin
<br />imtrumeaL
<br />10. Any weittiett tsotiee m be Trued to the mortgagor pnrastant to ebe provisions of this instrument shall be ad-
<br />~ed to th- ttbet~tgor at 111$ North Eddy, Gratr3 Zslat`td, Nebraska
<br />and sny written taotlce to be Trued to the mortgagee shall
<br />be addrered to the mortgagee at 3fl4 West err ~4~L, F " 2::~ 16L'~, r..2-~-~: =•-1.~-=' '•,,t,•.^•.'«
<br />cvo pzs-ass
<br />SBA vORY a2a {2-791
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