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<br />3. The rortgagor covenants and agrees that if he shall fail to pay said iudehtednr„ or arq part tl+ercuf .hen
<br />due, oc shall fail to perform any covenant or agreement of this instrument ar the prrin+issory note >ec•ured beech}, dtr
<br />entire indebtedness hereby secured shall immediately become due, parable, sort coileetiblr, vsithnut notice, at the
<br />option of the mortgagee or assigns, regardless of maturitr•, sort the mortgagee ur his assigns mar before or after entr,
<br />sell said property N'It}rout apirraisemeut rthe mortga~nr having w-aided curl assigned to the mortgagee a{) rights of
<br />appraisement)
<br />1 t) at judicial axle pursuant to the provisions of 28 l;.S.l:. ZOf)1 t a 1 ; ur
<br />{tt) aY the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and
<br />beat bid complying with the terms of sale and manner u[ payment spedfied in the published notice of sale, first
<br />giving four weeks' notice of the time, terms, and place of such sale, h+ advvrtisenrent nut le" than once
<br />during each of said four weeks in a newspaper published or distributed in the county in which eaid property
<br />is situated, all other notice being hereby waived by the mortgagor (and eaid mortgagee, or any person on
<br />bobs}( of said mortgagee, may bid with the unpaid indebtedness evidenced b}' eaid noLe). Said sale shill Ire
<br />held at or an the property to be sold or at the Federal, county, or city caurthnvse 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 conveyance of said property, which conveyance shall contain
<br />recftais as to 4hc happening o! the default upon which the execution of the power of sale herein granted
<br />depends; and the said mortgagor hereby constitutes and appoints t}re mortgagee or any agent or attorney of the
<br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute eaid
<br />eorveyance and hereby covenants and agrees that the recitals sa made shall he effectual to bar all equity or
<br />right of redemptimt, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby
<br />expzetisly waived and cmroeyed to the mortgagee; or
<br />(tttj take any other appropriate action pursuant to state ur Federal statute either iu slate ur P•edrral
<br />court or otherwise far the disposition of the property.
<br />In the event of a sale as hereinbefore provided, the mortgagor or any persona in possession under the mort•
<br />gagot shall then become and he tenants holding over and shall forthwith deliver possession to the purchaser ut
<br />such sale or be summaril}%dispossessed, in accordance with the provisions of law applicable to tenants holding over.
<br />The power and agen~~$~rp,'t~antetP"a~aYtt~ltl with an interest and arc irrevocable by death or otherwise, and
<br />are granted as cumulati t~rsifi~or~`a~llsenction of said indebtedness provided he law.
<br />4. The proceeds of any Bale of said property in accordance with the preceding paragraphs shall be applied first
<br />!o pay the costa and expenses of acid sale, the expenses incurred by the mortgagee for the purpose of protesting or tnain-
<br />lainfng said property, sad reasonable attorneys' fees; secondly, to pay the irrdrhteeh+ess secured hercLv; utrd thirdly,
<br />to pap any surplus or excees to the person or persons legally entitled tharetn.
<br />S. In the event said property ie sold at a judicial foreclosure sale or pu~uant to the power oI sale hereinabove
<br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this itutrument and evidenced by
<br />said promissory note, the mortgagor will be entitled to a deficiency judgment (or the amount oC the deficiency withaut
<br />regard to appraisement.
<br />6. In the event the mortgagor fails to pay an} Federal, state, or local tux a+;essment, income t:ax or other tax
<br />Lien, charge, tee, or other expense charged against the property the mortgagee is hereby authorized at his olrtiou to
<br />pay the same. Aay sums so paid by the mortgagee shall be added to and became a part u( the principal amount of dtc
<br />indebEedneaa evidenced by raid note, subject to the same terms and conditions. II the mortgagor shall pay and
<br />discharge the indebtedness evidenced by said promissory note, and shall pay sorb soma and shall discharge all
<br />tart and lietra and the ants, Cers, and expenses of making, enforcing, and executing this mortgage, then this mortgage
<br />~6a11 be canceled and aurresdered.
<br />7. The covenants herein contained shall bind and the benefits and advantages shall inner to the rex.peetirr. eur-
<br />reasora sad assigns of the parties hereto. Wheaevrr used, the singular nurnbrr shall include the plural, the plural the
<br />singular, and the use of any gender ahaD include all genders.
<br />$. IJtr waiver of any covenant herein or of the obliitation secured hereby shall at an} time lhrtraftrr lr' held
<br />to br a waiver of the terms hereof or of the note secored hereby.
<br />9, A judicial decree, order, of judgmeol holding any provision ur portion of iltin iostrwuent invalid ur uncu-
<br />Ioretable shall not in any way impair or preclude the enforcement of the rernaining Irovisions nr portions of tl+is
<br />instrument.
<br />Ifl. Aay xri3ten antir~ to be iasned"#o the mortgagor pursuant to the- provisicns of this instrument shall be ad•
<br />drexedttetf,amnrtgaRo=at 71I W~+st 5th Street, Grand Island, Ne 68801
<br />and any written notice to br issued to the mortgagee shall
<br />be addrascd to the mortgagee at 2015 North Broadwell, ]?, O. Box 1507, Grand Island,
<br />Nebraska 68801
<br />APO ~z,_s..
<br />SqA FOAM 428 (273)
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