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I 79-~ I~4U~fi~ ~ <br />3. The mortgagor covenants and agrees that if he shall fail to pay acid indebtedness or anc part thereof when <br />due, or shall tail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />entire indebtednes; 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 entry <br />sell said property without appraiaement 1 the mortgagor having waived and assigned to die mortgagoe all rights of <br />appraiaement} : <br />1 t 1 at jndicial salt purauanl to the provisions o(28 V.S.(:. 2(101 ~ a 1 : ur <br />(u) at the option of the mortgagee, either by auction or by solicitation of sealed bide, for the highest sad <br />beat bid complying with the terms of sale and manner of payment specified in the published notice oC sale, fire[ <br />gi•~ing lour weeks' notice of the time, terms, and place of nosh salt, he advert isrment nos Irss than once <br />during each of said four weeks in a newspaper published or distributed in the county in which said property <br />ie situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or an}• pereon 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 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 sale 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 Bale herein granted <br />depends: end the said mortgagoe 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 ouch recitals and to execute said <br />conveyance and hereby covenanie and agrees that the recitals ao made shall be effectual to bar all equity or <br />right of redemptimt, honcestead, dower, and all ntlter exemptions of the murtgaguq all ui whir6 art 6ereh} <br />expressly water:? and conveyed to the mortgagee: or <br />i w I take any usher appropriate action pursuant to stale or Federal astute tither in slaty ur Federal <br />court or othrrwisr for the disposition of the property. <br />In the event of a sale as hereinbefore provided, the mortgagor of any persona in poeeeeeion tinder the mort- <br />gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser a1 <br />such Bale or be summarih~ dispossessed, in accordance with the provisions of law applicable to tenants holding over. <br />The power and agency hereby granted are coupled with an interest and are irrevocable by death nr utherw se, end <br />are granted as cumulativ 11rP rAlleeli~tlf°oC said indebtedness provided by law. <br />~N:B t~.s.rtk~ <br />4. The proceeds of any ea a of said property in accordance with the preceding paragraphs shall be applied tint <br />to pay the costa and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main- <br />taining said property, and reasonable alwrnevs' fees; secondly, io pay the iudrbtedttrsA secured hrreh} a and thinll}, <br />to pav any surplus or exceee to the person or persona legalh entitled thereto. <br />S. In the event said property is told at a judicial fortciosure sale or pursuant to tits power of Baia itereinaito•c <br />granted, and the proceeds art not sufficient to pay the total indebtedness secured by this inetmmeat and evidenced by <br />said promiasary note, the mortgagee, will be entitled to a deficiency judgment for the amount of the deficiency uxthoni <br />regard to apprauemenr. <br />6. In the event the mortgagor faits to pay any Federal, state, ur local tas aasesameut, income tax ur ether tuv <br />lien, charge, fee, or other expense charged against the property the tnortgagre is hereby authorised at his npti<xt to <br />pay the name. Any sums eo paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, subject to the same terms sad condipone. If the mortgagor shall pay and <br />discharge the indebtedness evidenced 6y said promissory note, and shall pay such sums and shall discharge all <br />taxes sad liens and the costa, tees, and expellees of making, enforcing, and executing this mortgage, then Chia mortgage <br />~hdl be canceled and surrendered. <br />7. The covenants herein cautained shall bind and ehr I+enefitr and advantages shall inure to the resprctivr suc• <br />ceeaon and assigns of the parties hereto Whenever used, the singuLr number shall include the plural, the plunl She <br />singular, and the toe of say gender shall iaelutfe all geaden. <br />8. No waiver of any covenant herein ar of the obligation secured hereby shall at any tints therexitrr lie held <br />to be • waiver of the terms hereof or of the note secured hereby. <br />9. A jadieisl decree, order, or judgment holding any provision ur purtiwt of this instrument invalid ur wwu• <br />fotteeable shall sot in any way impair or preclude the enforcement of the ramainiag pravidau ar portions of this <br />instrument. <br />70. Any written notice to be trued to the mortgagor punuant to the provlaicnr of this insarttmeat shall be ~d• <br />dreredtothwmotrtgagorat 211 West 4th, Grand Island, NE 68801 <br />and any written notit~ to )m trued to the mortgagee shall <br />6e addrercd to the mortgagee r: 2015 N. Broadwell, P. 0. Box 1507, Grand Island, NE 68801 <br />~F'~ P29.299 <br />SBA FORM 929 22-79) <br />