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79- ~;~ stia~l.~
<br />3. The mortgagor covenants and agrees that if he shall fail to pay said iudebtednest or arty part thereof when
<br />due, or shall fail to perform any covenant or agreement o[ this instrument or the promissory nuts secured hereby, the
<br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, ai die
<br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry
<br />Bell said property without appraisement Ithe mortgagor having waived and assigned to the mortgagee all rights of
<br />appraiaement)
<br />1 t) at judicial sole pursuant io the provisions of 28li.ti,C, 2W1 i a I ; ur
<br />(It) at eha 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 />dung four weeks' notice of the. time, terms, and place of such sale, by ;uhrrtisrntent not lesP than once
<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 tieing 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 eha^ 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 />properly is heated. The mortgage is hereby auth~riaed to ezecute for and on behalf of the mortgagor and to
<br />deliver to the purchaser at such sale a sufficient conveyance o[ said property, which conveyance shall contain
<br />recitals as to the happening of the default upon which the execution of the power of Bale herein granted
<br />depends; and the said mortgagor hereby conetitutee and appoints the mortgagee or any agent or attorney n[ the
<br />mnriaa¢ee, the gaunt and attorney in fact of said mortgagor to make each recitals and to execute said
<br />conveyance and hereby cove-Hanle and agrees that the recitals so made shall be e[icetual to bar all equity or
<br />right of mdemption, homestead, dower, and all other exemptions of the murtgaeur, ail of which are hereby
<br />expreealy waived and conveyed to the mortgagee: or
<br />+tit I take any other appropriate adieu pursuant to state or 1''rderal statute either in mate ur Federal
<br />court or otherwise for the disposition of the properh.
<br />In the event of a sale ae hereinbefore provided, the mortgagor or aay persona in possession 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 dispossessed, in accordance with the provisions of law- applicable to tenants lrolditrg over.
<br />'The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, xm)
<br />are granted ns cumulative to the remedies (or collection of said indebtedness provided by law.
<br />d. The proeeede of any sate of said property in accordance with the preceding paragraphs snail be applied first
<br />to pay the coats and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main-
<br />taining said property, and reasonable attorneys' fees; aecandly, to pay rite utdebteduess secureti itrrri„ ;gnu : ,,.';~
<br />to pay any surplus or exeeaa m the person or persona leRaliy entitled themto.
<br />a. fa the event said prouerty is Bold at a iudicial forecloeut•e sale or punuant to the power of sale hereiaabtive
<br />graaled. snd the proceeds are not sufficient to pay the total indebtrdnesa secured by this instrument and evidenced by
<br />said promissory note, the mortgagee will be entitled to a deficiency judgment fur the arnount of the deficiency without
<br />regard to appratsrnwnt.
<br />6. In the event the mortgagor fails to pay any Federal, state, ur local tai assessment, income tax ur udtrr m~
<br />lion, charge, fee, or other expense charged against the property the mortgagee is hereby authorised at his option nt
<br />pay the same,. Any sumo w paid by the mortgagee shall be added to and become a part of the principal ameunl of lire
<br />indebtednean evidenced by said note, subject to the same ternte and conditions. if the mortgagor shill pay and
<br />discharge the utdt:litednEaa evidenced by said promissory note and shall pay nosh sums and shall diachssge all
<br />tazw sad hens geld the coats, fees, and a:pertees of making, eaforcinl{, and e:ecututg this mortgage, then this mortgage
<br />shall be cattcelcd and aurteadered.
<br />7. 1'hn covenanu herein caatained shall bind and ehr benetitr sad advantage. s-tsit ivurr to the n•.prctivr >Ue-
<br />ceseora and aaigw of the parties hereto. Wheaerver used, the singular autttlier shall include the plural, the plan) the
<br />singular, and the tree at any gender snail 5nelude di genden.
<br />8. No waiver of any covenant herein or of the obligatiwt secure) hereby anal) at any time therraftrr br held
<br />to be a waiver of tiro terms hereof or of the Hate eecurod hereby.
<br />9. A judicial decree. order, or judgment holding aay provision or poniou of this indrumtmt invalid ur unrn•
<br />Iosoeable shall sot in any way impair or preclude the enforcement of the romaining provisioru or iwrtions of this
<br />iadtitment.
<br />10. Any written notion to be issttad to she mortgagor pureuaat to the proviaicns of this ioattvment shall be ad•
<br />dcesamd to thw tortgagor at ffientwCiod Sttbdivisian, We_ st Stt~lley Pazk Rossi, Gzant9 Island, Nebraska
<br />sad aay written notice to be issued to the mortgagee shal-
<br />be addressed to the mortgagee at 304 West 7ttixd Street, Post Office Fiox 1688, Gratxi Island, NE
<br />GPO 021-211
<br />aeA FORM 92e (2.79)
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