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)
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