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<br />3. The mortgagor cov-enante and agrees that if he shall fail to pav said indebtedness ur an} part'thereof when <br />dtte, or-shall fail to perform any rzrvenaat or agrcemeat of this inairoment or the.promieeory note secured hereby, the <br />etttfre indebted~ss hereby secured shall immediately becorne ~dae, pavaLle, and collectible without malice, at the <br />option of the mortgagee or assigns, regardless of maturity, and-the mortgagee or his assigns may before or after coin' - <br />e~l-said property withoui.appraisement I the mortgagor having,waived and assiKnrd to the mortgagee all ri¢hts of <br />appsa»eareax) : <br />t t) at judicial sale Vutsuant to the provisions of `28 U S.C. ZIN)1 i a 1 : ur <br />*"< <br />'li't <br />::~ <br />'m7 <br />f <br />C{} <br />~+ <br />,- <br />~-I <br />([t) at the option of the mortgagee, either by auction or by ao&citation of sealed bide, for the highea a>td <br />beat bid wmplying with the terms of sale and manner of payment specified in the published ttotirx of sale, first <br />giving four weeks' notice of the time, ternrs, and place o[ such sale, by advrrtisrmenl not lesm than voce <br />daring each of said four weeks in a newspaper published or distributed is the county is which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any peraoa aft <br />behalf of said mortgagee, may bid vrith the unpaid indebtedness evidenced by said notel• Said sale shat. bg <br />held at or on the property to be sold or at the Federal, county, or city courthouse foe the county fn which the <br />property is located. The mortgagee is hereby authorised to execute For and na behalf of the mortgagor sod w <br />deliver to the purchaser at ouch sale a atrfficient rnnveyance of said property, which coavepaace shall contain <br />tsritala_m-ta. the happening of_the default ugoa which the executfaa of the power of sale berets granted <br />t~et=Urii3~ lire eitYd iftottgagor'hereby conatitutee and appoint the mortgagee or any agent or nttotaey of the <br />rtiartg~fgee~h"~=3,1'' ari_ rt'_a_tttirneq in fact nt said mortgagor to make 'euc6 recitab and to a:etuta.-arid <br />rannagrrro~ ~ th~*o~~ ~ ~~ ~s~• and agrees that the recitals so made shall be effxtual to bsz-all egaitp or <br />right of redemption, homestead, dower, and mll other exemptions of the mortgagor, all of which are iierehy <br />expressle waived and conveyed to the mortgagee: or <br />(ut) take an}' other apprap elate action pureuaut to state ar l•'edera( statute either in stair or t'edrral <br />caret or otherwise far the disposition of the property. <br />fn the event of a gala u Ftereinbe(orc provided, the mortgagor or sap parcona is poaenaitm. trader-the. raor4 <br />gagor shall then become sod be tenants holding over and shall forthwith deliver possession to the purchaser at <br />such sale or be summarily diepoasessed, in ureordance with the provisions n( law applicable to tenants bolding over. <br />The power sad agency hercb}- granted are coupled with an interest and are irrevocable by death ar otherwise, and <br />are granted as cumulative to the remedies fur , olleetian of said indrbtednr,.s provided h+- laa~. <br />4. The ptoceede of any ease of said property in accordance with the preceding paragraphs shall be applied first <br />to pay the coats and expenses of said sale, the ezpeasca inturred by the martgagct far the purpose of protecting ar main- <br />taining said property, and reaaarsablr attornepa fees; secondly, to pav tlw iudebtedures secure+i Irerrlrr: enel iltir+ily. <br />to pay any surplus or excess to the person m persons legally entitled thereto. <br />S. Lt the event said property is sold at a judicial force Insure ode or pursuant to the power of sale hereinabove <br />granted, and the proceeds are not sufficient to pay the total indebtedneae secured by this instrument and evidenced by <br />sold promissory note, the mortgagee will be entitled to a deficiency judgment for the amount a( the deficiency without <br />regent to appraiaement. <br />6. Io the event the mortgagor tails to pa) ar) Federal, stale, ur local ins assesemart, incase tax u ~ other fay <br />lien, charge, Eee, or other expense charged against the property the mortgagor is hereby authurizeJ ut his option w <br />pay the carne. Any awns w paid be the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said Hate, subject to the same terms and conditions. [f the mortgagor shell pay and <br />discharge the indebtedness evidenced by said promissory ante, and shell pay such sums and ehal! discharge ail <br />taxes and liens and the coat, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be canceled and surrendered. <br />7. The coveaan4 herein contained shall bind and the henehW and ad+untagus ball inure to Ihr r,~spr.~ti„~ .a~- <br />ceawn sad asaigste of the parties hereto. Whertever used, the singular number shall include the plural, the plural the <br />singulu, and the naE of any gender shall include all genders. <br />8. No waiver of any covenant herein or of the obligation secured hrrehf shall st ,un tenu• thrr.~alt,•+ la~ held <br />to he a waiver of the terms hereof or of the note secured hereby. <br />4. A jaditial decree, order, ar judgment holding any prnviaion or purtim, ui this iustruuwnt ia.alid ., <br />forceable shall not in soy x'ay impair or preclude the enforcement of the remaining provisions or portion.e of +t l,,. <br />iratru®eat. <br />!~ P vy wriitsatwiies to fie irsural to the rsortgagat pursuant to the previsicua of this inatcuurent shall ba ad- <br />drtati...-~ortgagurat Ilcniphan, tbraska <br />and any written notice to be issued to the martgagec shall <br />be add; d to t>~ ~rtgaga at Doni.p`rtar:, ..ebr._~..t. <br />Sea rcr:v ,zs t~.~x~ <br />