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<br />79-~ ut,3734
<br />3. The mortgagor covenants and agrees that iC he shall fail to pay said indebtedness ur any pan ihereoC when
<br />due, of shall fail to perform any covenant or agreement of th}a instrument or the promissory note secured hereby, the
<br />entire indebtedness hereby secured shall immediately become due, pavabie, 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 entry
<br />sell eaid property without appraisement tthe mortgagor having waived and assigned to the mortgagee all rights of
<br />appraisement 1
<br />~ tj at judicial sale pursuant to the provisions of 28 U.S.G. 2001 i a 1 : ur
<br />(te) at the option of the mortgagee, either by auction or by eolicitation of sealed bide, for the highest and
<br />beat bid complying with the terms of sale and manner o[ payment specified in the published notice of sale, first
<br />giving four weeks' notice n( the time, terms, and place of such sale, h, ad, ertisemeut not less than user
<br />during each of said four weeks in a newspaper published or diner}bored in the county in which acid property
<br />ie situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on
<br />beha}f of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). 6aid sale shall be
<br />held at or on the property to be sold or at the Federal, county, or cit}' courthouse for the county in which the
<br />property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to
<br />deliver to the purchaser at such sale a sufficient com'eyance of ea}d property, which conveyance shall contain
<br />recitals as t~ 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 (act of said mortgagor to make such recitals and to execute said
<br />zoLrzyanzz ar,d he{~by zo.G.,-- - -nd ae,~ that the .~ ,tats w ;ia uz shall hz zfizztual to bar all ~:t.;ity o,
<br />right of redemption, homestead, dower, end all other exemptions of the mortgagor, all of which arc Iserch~
<br />expressly waived and conveyed to the mortgagee: or
<br />{mi take any other appropriate action pursuant to stale ur Federal stalttte either in -tale ur F'edera)
<br />court or otherwise for the disposition of the property.
<br />Ia the event of a sale u hereinbefore provided, the mortgagor or any petaoas in poseeseioa under the mort-
<br />gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at
<br />such sale or be summarily dispossesse:l, in accordance with the provisions oC law applicable to tenants holding over.
<br />The power and agency- hereby granted are coupled with an interest and are irrevocable be death nr othervise. amt
<br />are granted as eumtiiative to the remedies for cuilectiau „f sat : indehte:3nz~r. pry:•ided hr 19v,'.
<br />4. The proce~ of any Bale of said property in aernrdance with the preceding paragraphs shall be applied first
<br />to fay the costa and expenses of said sak, the expenses incurred by the mortgagee for the purpose of protecting or main-
<br />taining said gropeay, and reasonable attorneys' fees; secondly, to pas the iudebtedness secured hereL_y; and thinlh,
<br />to pay any surplus or excess to the person or persons }egally entiiled thereto.
<br />S. Ia rho event so}d property id sold at a judicial foreclosure sak or pursuant to the power of sale hereinabove
<br />granted, and the proeeede are not sufficient to psy the total indebtedness secured by this instrument and evidenced by
<br />said promisson note, the mortgagee will be entitled to a deficiency judgment for the amount of the defciency uritiwut
<br />rr-gtard to appraisement.
<br />6. In tltc event the mortgagor fails to pay soy Federal, state, ur local tan assessmeu4 income tax or other tai
<br />1}en, ~~arge, fen, or otber expense charged agaioat tl[e 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 oC the principal amount of the
<br />indebtedness evidenced by eaid note, subject to the same terms and rnaditioas If the mortgagor eball pay and
<br />discharge the indebtedness evidenced by said promissory note, and shall pay such atlme and shall discharge all
<br />raze sad 1tene and the coats, fees, and expenses of making, enforcing, sad a:seating this mortgage, then this mortgage
<br />Phan be earaeeled and wrrendered.
<br />7. The covensnts herein eo~atained shall bind and the benefits and advantages ,shall inure to the respra•tive suc-
<br />ceaeats and rssigm of the Partin berets R~'hmeter need, the singular number shall include the plural, the plum the
<br />siagnlar, and the use of any gender shall ittelade tU senders.
<br />8. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereaher br hehl
<br />to be a waiver o[ the tertass hereof or of the note secured hereby.
<br />9. A jndieiul decree, order, of jndgtaeat holding say provision of pori}ou of this instrument invalid ur uucn-
<br />fnrceable shall mt i$ try wap impair or precbtde the enfamement of the remaining provisions or lwrtions of this
<br />itaetttamtast.
<br />10. Atsr written ~tiee to he iasaed to the mortgagor pursuant to the prorisicas of this instrument shall be ad-
<br />thwBed wiha :t 1118 North Fr]dy, Grand Islarxl, Nebraska
<br />and say written notice to be issued to the mortgagee shall
<br />he addressed to the mortgagee u 304 FJest Third Street, P O Hex 1ti88, Grartci lsiand, i~ei1<as;: i
<br />GPO 92{-2{{
<br />SBA PORy 92a i2-731
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