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~o- ~'~~ <br />3. The mortgagor covenants and agrees that if he shall fail. to pay said iodebtedneae or any part thereof when <br />dtte, or shall fail to perform anv covenant or agreement of this instrument or the promissory note secured hereby, the <br />entice indebtedness hereby secured shall immediately become due, payable, and collectible without notice; at [he <br />option of the mortgagee or assigns, regardleee of maturity, and the mortgagee or his assigns may before or after entry <br />eelbeaid property without appraieernent tthe mortgagor having waived and assigned to the mortgagee all rights of <br />apprafeement} : <br />1 i) at judicial sale pursuant to the provieinna of 28-U.S.C. 2(101 ~ a ~ ; m~ <br />(n) at tits option of the mortgagee, either by auction or by solicitation oC sealed bide, for the highest and <br />best bid complying with the terms of Bale sad mariner of payment specified in the published notice ^r Bale, fint <br />Riving four weeks' notice of the time, ternts, and place of such sa ir., by adverts»rment not less than mete <br />during each of said tour weeks in a newspaper published or distributed in the county in which wid properly <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or say person on <br />behalf o[ said mortgagee, may bid with the unpaid iodebtedneae evidenced by said note}, Said sale shall be <br />htld at or on the property [o be sold or at the Federal, county, or city Courthouse for the Bounty in which the <br />property is rotated. 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 ahnll contain <br />recitals ae to the happening of the default upon which the ezecution of the power of sale herein granted <br />depends; and the said mortgagor hereby rnnstitutea and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute said <br />conveyance and hereby covenants and agrees that the recitals eo made shall be eSectual to bat all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are herehv <br />ezpreaely waived and conveyed to the-mortgagee; or <br />{nt) take any other appropriate<petion purnuaut to state or Federal stahrte either iu sate ur f'r.deral <br />court or otherwise for the disposition o[ the property. <br />In the event of a sale ae heninbefore provided, the mortgagor or an} persona in poseeeeion tinder the mort- <br />gagor shall then become and he tenants holding over aiid shall forthwith deliver possession to the purchaser at <br />such sale or be summarily dispossessed, ighataardance with the rovieiona of law applicable to tenants holding over. <br />The power and agency hereby granted Mend are irrevocable be death or otherHiee, and <br />are granted u cumulative to the remedies f ~. rte»e provided by law. <br />4. The proceeds of any oaf ~satat fib`}ietty in accordance with the preceding paragraphs shall be applied first <br />to pay the coats and expenses ettl4 Nl~the expeaaea inctured by the mortgagce for the purpose of protecting or maim <br />raining said property, and xaaonable attorneys' [ees; secondly, to pav the indebtedness sen+red beret>._ : ;m+I thinlh, <br />to pay any surplus or ezcer to she person or persons 1ega1}y entitled thereto. <br />S, In the event said property is sold at a judicial foreclosure sale or pursuant !o the power aC sale hereinabove <br />grmted, and the proceeds are not au®icient to pay the total indebtedness secured by this instrument and evidenced by <br />acid promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without <br />regemd to wpprrisetnent. <br />6. In Cho event the mortgagor fails to pay any Federal, state, ur local tau as»essmeut, income tax ur other tax <br />Nett, charge, tee, or ather expense charged against the property the mortgagee is hereby authorized at his option to <br />pay the same. any soma eo paid b} the mortgagee shall be added to and become a part u! the principal amount of the <br />indebtedner evidenced by said note, subject to the same terms and conditions If the mortgagor shall pay and <br />discharge the indebtedner evidenced by said promissory note, and shall pay such sums and eball discharge all <br />tatty and lieaa and the soars, fete, and t:passes of makittg, enforcing, and executing this mortgage, then thin mortgage <br />shall >x eanoeied sad wrreardered- <br />7. T-e covenanU herein eonpioed shall bind and the benefits and adrauuges :hall inure to the rrrprrti+r eur- <br />txuwn and arigna of the parties hemto. ~hertever used, the singular number shall intrude the plural, the plural the <br />singular and the rase of any geAder shall include all genders. <br />$. No waver of any covenant herein or of the obligation secured hereby »hali a! auy tiros thrrraftrr l,r held <br />to he • waiver of the terms hereof or of the note secured herebti. <br />4. A judicial decree, order, or judgmeal holding auy provi:ion or puriiou of this inalrwneut inralid ur uuru- <br />forcea-k shall trot in any way impair or preclude the ea(orcement of the remaining pmviaimrr or portions of this <br />istetrttwt. <br />10. Any Cerium notice w be. trued to [r_x aortgsgor pursuant to the prnvisictu of this instrument shall be ads <br />dreredtothetnast~aROSat .,'(2~6-iie~t:'"#~t[°,` Grand Island, ;JI: 68801 <br />'.C~i,S ~t zFr°'r"` ` ~ sad any writtra notice to be trued to the mortgagee shall <br />be addrered W the roit~+gee d -p-r~='>'>~e^^'t'~f77 , Grand I a 1 and , P.~ 688ti 1 <br />tiaA rpRM 929 t2.~31 <br />