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79= U ! 1 ~'~ ! 12
<br />3. The mortgagor covenants and agrees that if he shall (ail to pay said iudebtednese or any part thereof w}ien
<br />due, or shall fail to perform any covenant or agreement of this instrument or the pramissury note secured hereby, the
<br />entire indebtedness hereby secured shall immediately become due, payable, 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 entn
<br />sell said property without appraisement l the mortgagor having waived and assiKned to ti+e mortgagee al) rights o[
<br />appraisement)
<br />1 t j. at judicial safe pursuant to the provisions of 28 E;'.S.C. 2t/01 i a f : ur
<br />(n) at the option of the mortgagee, either by auction or by solicitation of sealed bide, [or the highest and
<br />beat bid complying with the terms of Bale and manner of payment specified in the published notice of sate, firer
<br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement tent less than Duce
<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 say person on
<br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said Bale shall be
<br />held st 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 behalf of the mortgagor and to
<br />deliver to the purchaser at such Bale 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 conetitutee and appoints the mortgagee or any agent or attorney of the
<br />mortgagee, the agent and attorney in fact of said mortgagor to make each recitals and to ezecute said
<br />conveyance and hereby covenants sad agrees that the recitals so made shalt be effectual to bar all equity or
<br />right of redemption, homestead, dower, and all other exemptions of the mortgagoq all of which are hereby
<br />expressly waived and conveyed tQ the morrT,ar_~_ or
<br />(u[j take any other appropriate action pureuaut to elate or Federal statute either in stale or Fedrrai
<br />court or otherwise for the disposition of the property.
<br />In the event of a ale ae hereinbefore provided, the mortgagor or any- persona in poeeeasion tender the mort-
<br />gagor s6a11 then beceme and be tenants holding over and shalt forthwith deliver possession to the purchaser at
<br />such sak or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over.
<br />The power and agency here red are couFled with an interest and are irrevocable by death or otherwise, and
<br />are granted ae cumulative t m~ r t{~said indebtedness provided by law.
<br />~_-~
<br />inifi+sr r:ita+- ~~:: i tt+Pettn
<br />4. The proceeds of any sale of acid property in accordance with the preceding paragraphs shall be applied first
<br />to pay the costa and eaprnsen of said sale, the ezpetram incurred by the mortgagee for the purpose of protecting ormain-
<br />taiaittg said property, and reasonable attorneys' fees; sernndly, to pay tl+e iudebtednesa secured hereby; and thirdly,
<br />to pay any surplus or excess to the person or pereoas legaAy entitled thereto.
<br />5. In the event said property ie sold at a judicial forecloanre 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 />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the dejecfeney taitltoru
<br />regard to appraisernent.
<br />6. In the event the mortgagor fails to pay any- Federal, state, or local tai assessment, income tax or other tax
<br />lien, charge, fee, or other eapenee charged against the property the mortgagee is hereby authorized at his option to
<br />pay the same. Any sums eo paid by the mortgagee ehnll be added to sad bernme a part of the principal amount o[ the
<br />indebtedness evidenced by acid note, subject to the same terms and conditions. If the mortgagor shall pay and
<br />discharge the indebtedness evidenced by said promissory note, and shall pay such ettms and shall discharge all
<br />lateen zed }ins sad the cops, fees, sad e:peasea of making, enforcing, and ezecutiog this mortgage; then this mortgage
<br />shall be eat and ana+taaiered.
<br />7. The eotreaaats herein emtained shall bard and the benefits and advantages shall inure to the rrsprctive suc-
<br />eesseas sad asaigtr of thepacttta hereto. Whenever treed, the singular namlxr shall include the plural, the phtnl tits
<br />sirgalar, sad the tree of say gender shall iaelade all garden.
<br />E. No waiver of say Covenant herein or of the obligation secured hereby shall at any time thereafter be held
<br />m be a waiver oft the terms hereof or of the note secured hereby.
<br />9. A jntbicial decree, order, oe jtsdgtneat holding any provision or portion of this instrument invalid or unen-
<br />fi~etathte shall net is my tray impair or ptroehade the enforcement of the remaining provisions or portions o[ this
<br />insteammL
<br />Ill: ALiy writltm tmtioe to be isoed to the mortgagor ptttawnt to ttw ptvvisicna of this instrument shall be ad-
<br />aeeasad~tltwg ` A.lda, 2lebraska
<br />sad any written notice to be issued to the mortgagee shall
<br />~ addraMed to tlas moef~gee at 2015 North Broadwell, Grand Island, Nebraska 68801 .
<br />SBA ROnM 92a (2+7l1
<br />
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