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> 3: The mortgagor covenants and agrees that if he shall fell to pay said-indebtedaeex or any part-~theereaf when -
<br />dne, or shah fail to perform any covenant or agreement of thiaiaatrument or the-promissory note sedated hereby, the
<br />enTire indebtedness hereby secured shall immediately beeomeFdue, payable, and collectible without notice, at the .'.
<br />option of the mortgagee or assigns, regardleaa of maturity, and-the mortgagee or nix assigns may before or after entry- .
<br />atdl::aaid property without appraisement 1 the mortgagor having waived arse] assigned to the mortgagee ail. rights aE~ -
<br />appraiaement)
<br />" : t j at judicial sate pursuant to the provisions of 28 U:S.G. 2UOI l a I : or
<br />{ tt) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for tote highest and
<br />best bid complying with the terms of sale and manner of payment specified in the published notice of:eale, fast
<br />-hiving four weeks' notice of the time, terms, and-place of ouch sale, by advertisemenf not lets, flian once -
<br />dttrittg each of said fora weeks is a newspaper published or distributed in the county in wliic6 said property
<br />is situated, alt other notice being hereby waived by the mortgagor (and said mortgagee, or any person on,
<br />behalf of said mortgagee, may bid wish the unpaid indebtedness evidenced by said note). Said- sale shall be
<br />head at or on the property to be sold or at the Federal, county, or city courthouse Cor 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 aunt sale a eumcient conveyance of said property, which conveyance snail iwataia - - - -
<br />recitald.as_te. ilte ha_ppenntg of the default upon which the 'execution of the power of safe herein granted
<br />dE'peudsr and-life saPd inbrtgagdrhereby constitutes and appoints the mortgagee or aayageat or attorney of the
<br />niort~gee; ~he'''3gtmrt YtYd' attorney in fact of said mortgagor 'ta make such recitals sad to execute: said
<br />cotweyaneaVand:.hezrbg..cntrenants and agrees that the recitals so ,made ahaU be effectuaFto baraileepnity or
<br />eight of redemption, homestead; dower, and all's other exemptions of the mortgagor, all o[ which are Hereby
<br />ezpresely waived and conveyed to the mortgagee: or
<br />{utJ fake any other appropriate action pursuant to seats or Federal stahtte either iu slate ur F'eilrral
<br />court or othrrwiae for the disposition of [he property. - " - _
<br />In the event of a sale as hereinbefore provided; the mortgagor or any persons in poeeeeeios nnderahe m~rt-
<br />gagor shall then become and be teeanis holding over and shall forthwith deliver posseasian to the purchaser :a
<br />such sale or be summarily dieposseeaed, in accordance with the provisions of law applicable to tenants holding over.
<br />The power and agency- hereby granted are coupled with an interest aml .tee irrevocable by death or othrrw-iee, :ctrl
<br />are granted as cumulative to the remedies for collection of said indebtedness provided b}' law.
<br />4. The procecda of an}' sale of said property in accordance wish fire preceding paragraphs shall be applied first
<br />to-pay tavie costs and espcnses of said sale, the expenses incurred Ity the mortgagee far the purpose aE protecting or main-
<br />tainittgsaid property, and reaeaaable attorneys' fees; secondly, to pat' El:e indebtedness seet:red hereby; and thirdly,
<br />to pay any surplus or eaceee to the person or persons legally entitled thereto_.. - - - -
<br />5. in the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove
<br />granted, and the proceeds are not aufficiene to pay the total indebtedness secured by this instrument and evidenced by
<br />said promtssory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency toithout
<br />regard to appraieement.
<br />6. In the event the mortgagor fails to pay an}', Federal, state, or local tan uaseasmeut, income tax w~ other tai
<br />lien, charge, fee, or other eapenee charged against the property the mortgagee is hereby authorized at his option to
<br />pay the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the
<br />indebiedtteas evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and
<br />discharge the indebtedness evidenced 6y said promissory note, and shall pay such euma and shall discharge all
<br />tazce and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage
<br />shal2`be canceled and euta+endered.
<br />?. The covenants F,arein contained anal] bind and 41te benefits and advantages shall im:rr to the erp,rctive nuc•
<br />ceesore and aasigtta of the parties hereto. Whenever need, the singular number shall include the plaral, the plural the
<br />eingulitq and the use of any gender shall include all genders.
<br />8: IVo waiver of any covenant herein or of the obligation secured hereby shalt at an. flare Iherrafter he held
<br />to be a waiver of the terms hereof or of the note secured hereby.
<br />9. A judicial decree, ordeq or judgment holding guy provieiwt or portion of this ittntrwuent invalid ur wtcu-
<br />foroeable shall not in any way impair or preclude the enforcement of the retnaining provisions or portions of thin
<br />instrvtrtent.
<br />'~4: `r~Y :rritiea aaiira YO: 6e ieened.ta the mortgagor pursuant to the provisiom of this instrument shall be ad•
<br />dreseadto,tbeatvrtgagorat Doniphan, Nebraska.
<br />sad any written notice to be issued to the mortgagee shall
<br />he addressed to tits mortgagce at Doniphan, Nebraska
<br />SB4 FORM 928 52-~3)
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