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<br />3. The mortgagor covenants and agree6 that if he shill-fail to pay said indebtedness or any part thereof when <br />dug or shall fat! to perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />etitiie indebtedness hereby secured ehaII immediately 6eeomr due, payable, and collectible without notice, at the <br />option of the martgagee or assigns, regardless of mahrriiy, and [he mortgagee or his assigns may before or after eMn' <br />seU said property witlmut appraisement i the mortgagor haviteq waived and assigned to the mortgagee all rights of <br />appnisement) <br />t 1 at judicial sale pureuant m the provisions of 2R U.5.C.. 2(IQI ~ a 1 : nr <br />(u 1 at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and <br />heat bid complying with the terms of sale and manner o{ payment specified in the published notice of sale, fiat <br />giving Four weeks' notice of the time, terms, and place of such sale, by advertisement not less than ones <br />during each of said four weeks in a newspaper published or dutribated in the county in which-said property <br />u situated, all other notice being hereby waived by the mortgagor (sod said mottgagee, or my person ota <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said ails shalt be <br />held at or on the property to be sold or at the Federal, county, or city courthouse for the couatp in which the <br />property is located. The mottgagee is hereby authorised to execute for and oa behalf of the mortgagor and to <br />deliver to the purchaser at such vale a sufficient conveyance of said ptoptrty, which conveyance shall contain <br />recitals u to the happening of the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby comtituta and appoints the mortgagee or any ageAt or attorney of the <br />mortgagee, the agmt and attorney in fact of said mortgagor to make such recitsta arm.-to-execute soul . <br />conveyance and hereby coreaany and agrees that the recitals so made shall be effectual to bar alt equity or <br />right of redemption. homestead, dower, and all other exemptions of the mortgagor, all of which are herehv <br />expressly waived and conveyed to the mortgagee; or <br />(tnl take any other appropriate action pureuant to state or Federal statute either in state ur Ferlrraf <br />court or otherwise fat the disposition of the property. <br />In the event of a sale as heroinbe[ore provided, the mortgagor or any petsoaa in possession tinder the mort• <br />gagat shall then become and Ix tenants holding over and shall forthwith deliver possession to the purchaser at <br />such sale or be summarily disponaessed, in accordance with the provisions of law applicable to tenants holding over. <br />The power and agency hereby grwued are euupled with an interest and are irrevocable by death or otherwise, anal <br />are granted es cumulative to the remedies for collection of said indebtedness provided by law. <br />4. The proceeds of any sale of said prapertv in accordance with the preceding paragraphs sho{) be applied first <br />to pay the costs and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protesting or ma~~~ <br />raining said property, sad reaaouable attorneys' fees; secondly, [o pry the htdehtwhvese secured herehv ; soil Ihinlly. <br />to pay any surplus or excess to the person ar persons legally entitled thereto. <br />i. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabore <br />grouted, and the proceeds are nut sufficient to pay the total indebtedness secured 6r this instrument and evidenced by <br />said pramissory note, the mortgagce wiU be entitled to a deficiency judgment Cor the amount of the deficiency without <br />regard to apprassemenu. <br />6. to rho event the wurtgagor fails to pay env Federal, state, ur local lax ax,essmeuA in.:mue tax ur other lax <br />lien, charge, fee, or usher expense charged agaitut the property the mortgagee is hereby authorised at hie option to <br />pay the aan:e. Any aurae sb paid by the mortgagee shall be added to attd ltecwnc a part of ills principal :uoouut of the <br />indebteducss evidenced by said note, subject to the same terms and conditions. if the mortgagor shall pay and <br />discharge the indebtedness evidenced by said pramiawry note, and shall pay such runts and shall discharge all <br />rasa sad steals and the rosy, fees, and exponsea of making, enfoning, and executing this mortgage, then thin mortgage <br />•haA be eutceled sad surrendered. <br />7. The onvenaats heroin contained shill bind and the bnnefiy and advantages shall inure to the r.~nprctive suv <br />cssson and assigns of the parties hereto. Wheaevet used, the singular number shall include the plural, the plural the <br />tatagttktr, and the rue of any gander shall ittclude all genders. <br />g. No waiver of any covenant herein or of the obligation secured hereby shall at am umc thrrralt. r IH, held <br />to be a waiver of the terats hereof ar of the note secured hereby. <br />9, A judicial decree, order, of judgment holding any proviaiou ur purtiwt of thin instrument iutalid w uucu~ <br />Eoturbk shat) not is any way impair or prechtde the enforcement of the rentaiuing provisions or portions of this <br />ittetrument <br />1Q Any wriitoo notice w 6a wised to the mortgagor pursuant to the provisicns of this instrument shall be sd- <br />dtwraad totlt.r,sartgagarat 311f E. Se~slling Mile Road, Grand Island, h€ 63Fi0i <br />sad say wtittta notice to be issued to the mortgagee shall <br />be addressed to the mortga~ec ^t Cairo, NeGraska 5or324 <br />YaF Y'JNM riN ~.- ,. <br />