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<br />S. Tlie mortgagor covenants and agrees that"if he shall tail to pay said indebtedness or au}' part 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 the <br />option of the mortgagee or stseigns, regardless of maturity, and the mortgagee or his assigns may before or after entr+ <br />sell said property without appraisement (the mortgagor having waived and asaigaed to the nrortgagee all rights of <br />appraisement) <br />I t ~ at judicial sale purouant to the provisions of 28 U.S.C. 2(x)1 I a 1 ; ur <br />{ tt) at the option of the mortgagee, either by auction ar by solicitation of sealed bide, for the highest and <br />beat bid complying with the terms of sale and manner of t~ayment specified in the published notice of sale, first <br />giving four weeks' notice of the time, terms, and place of such +ale, by arl+rrtisement not less than once <br />during caclt 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 Yo be sold or at the Federal, county, or city courthouse [or the county in which the <br />property is located. Tate mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at each sale a sufficient conveyance of said property, which conveyance shall coataia <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,~rtot~gggor hereby constitutes and appoints the mortgagee of any agent or attorney of the <br />niaaKygagee, the agent and atey in fact of said mortgagor to make each recitals and to execute said <br />conveyance sad hereby covenant; sad agrees that the recitals so made shall be effectual to bar all equity or <br />tight of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />turf take any other appropriate action purnuaut to state ar M'edrral statute either in ,late ur h'rdrral <br />court or otherwise for the disposition of the properh. <br />In the event of a Bale as hereinbetore provided, the mortgagor or any persons tut possession tinder the m~rt- <br />gagor abail then beeoms~ryd.~Vsrtante balding over and shall iorthwith deliver possession to the purchaser at <br />euchr•be•eummaily d-Ispos, in accordancx with the provisions of law applirablr to tenants holding a+er. <br />The powei~ad agettcy hereby gragtg{dt are coupled with an interest and are irrevocable h} death or otherwise, and <br />are granted as cumulative to the remedies for colleetian of said indebtedness provided by law-. <br />~. '1°he prac~da of any sale of said property in accordance with the preceding paragraphs shall be applied first <br />to pay the coats and expenses of said sale, the expenses incurred by the mortgagee for the purpose of prottctittlt ar main- <br />_:-t _-*• ^a - „-4,1n ..i,..«a.-•' fee=_. ~ .,.tt„- ,., „ tl,r indebtedness ereurral hrreh+. anti thirtlly, <br />to pay any surplus ar excess to the person ar persons legalh~ entitled iliereto. <br />5. In t4tx event said property is sold at a judicial foreclosttre sale ar purauam to the paver of sak hereinsbove <br />g-rastad, tint; the proceeds are not attf~iani to pay the total indebtedness secured by ibis instrument and evidenced by <br />_-.ad 1r'°om~sv~ajic, tsia trartesgse .rill ba cntitlau' to a deficiency jtsa'gtnent tae tnt• amount ai tlfe de~e;znc`Y t~iitarit <br />regarxf r.o afiprttfsesriersr. <br />b. In the event the mortgagor faits to pay city Frdrral, state, ur ;oral ti:x aasrsemeut, income tax or uthrr t.t+ <br />lien, charge, fee or other expense charged against the property the mortgagee is hereby authorised at his option to <br />fay the same, Any soma so paid by the mortgagee shall be added to and become a part of the princilia) amount of tlic <br />indebtedness evidenced by said Hate, subject to tits rams terms and conditiaas. If the mortgagor shall pay and <br />discharge the indebtedness evidenced by said promissory Hate, and shall pay such soma and shall discharge all <br />tatter and liens and the costa, fees, and experses of malting, enforcing, and executing thin mortgage, then this mortgage <br />chaff be t anceled and surrendered. <br />-t. the rovensrtU herein +xis:tainad shall bind and the toetiefits and advantages shall inure w the rrslii•ctivr suc- <br />cessors and aseigas of the parties hereto. Whettcver used, the airtgular number shall inclttde the plaral, the plural the <br />alaattlar, and the ttaa of any gander shall s»ehtde all genders. <br />o. 1'eo waiver of ally ~+vswant herein or of the obltgation secarrd hereby rltail at arty time therraftrr Ire field <br />to be a wgiver of Ilse terms hereof or of the rata secured hereby. <br />4. ,~ ;tadieiai deerae, order, ar jttdgment lioltling any provision ar purtiou of this imtrument ntvalid ur untnt• <br />fat+aeab3e al.all sat its any way impair ar pry-clads lbts onfareent+^nt of the ramainirig prurisinnr or Iwrtionn at this <br />--t. <br />10. Any rreidtea tiodee m be issuod to the mortgagor pursuant to the proviuicas of this instrument shall be ad- <br />dreesadtatbtwmartgtylatrat q03 fiast Dtadge, Grand Island, Nebraska 6$p~tfll <br />and aAy written tsadoe to be ;trued to the mortgagee nitall <br />be addressed to the mortgagee at p-p, Hox 1267, Grand Ssland, Nebraska 68801 <br />coo az~.z~~ <br />56A Forexi g3a 4%.79! <br />