Laserfiche WebLink
t----• <br /> <br />3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when <br />dtre, or shall fait fo perform any covenantor agreement of this iastrutnent ur the pmmiaaory note secured hereby. the <br />entire indebtedness hereby secured shall immediately becotae due, payable, and collectible withoot notice, at the <br />aptioa of the mortgagee or assigns, regardless of maturity, sad the trtmrtgageebr Iris sssigrte may before or after entn~ <br />sell said property without apprafaament (the mortgagor having waived and assigned to the mortgagee all rights of <br />appraisement) : _ <br />~ t) at judicial sale -pursuant to the provisions of 28 li.S.C. 2001 + a t : ur <br />(u) at the option of the mortgagee, either by auction or by solicitation of sealed bide, for the highest and <br />beat bid complying with the terms of salt and manner of payment specified in the.pablished notice of sale, fiat <br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement not less than once. <br />daring each of said font weeks in a newspaper pttbliahed or distributed in the county in which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, oz say person oa <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 />pmpertp is located. The mortgagee is hereby anthorized to ezecute for sad on behalf of the mortgagor sad 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 ezecution of the power of tale herein grained <br />depends; sad the said mortgagor hereby conatitutee and appoints the mortgagee or say agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make each recitals. and to esecute said <br />eonreyanee and hereby covenants and agzees .that the rxitala eo made shall be effectual to baz all equity or <br />right of redemption, horneatead, doweq and all other exemptions of the mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />(ttU take any other appropriate action pursuant to state ur Federal statute either in stair or k'ederal <br />court ar otherwise for the diepoeition of the property. <br />In the event of a sale as hereittbefore provided, the mortgagor or any persona in poeaeeeion Hader the mort- <br />gagor shalt then become and be tenants holding over and shall forthwith deliver possession to the purchaser at <br />such sale or be summarily dnsposeessed, in sccardanee 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 or otherwise, anti <br />are granted eB cumulative to the remedies for collection of said indebtedness provided by lave. <br />4. The proceeds of eny safe of said property in accordance with the preceding paragraphs shall be applied first <br />_.. <br />to pay the costa sad ezpenxs oCsaid_slle; Elte ezpenaea incurred by the mortgagee for the purpose of protecting ar main- <br />taining said pmpertv, and reasonable attorneys' fees; secondly, to pay the indebtedness scented beech:-: and thirvll.; <br />to pay say surplus or excess to the person or persons legally entitled thereto. <br />S. In the event said praperiy is sold ae a jadicisl foreclosure sale or pursuant to the power of sale hereinabove <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument sad evidenced by <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without <br />regard to opprofaemant. <br />6. In the event the mortgagor fails to pay ant Federal, state, or local tax assesameu4 income tax ur orrer tax <br />lien, charge, fee, or other expense charged against the property the nwrtgagee is hereby authorized at his option to <br />pay the same. Any sums so paid by the mortgagee shall be added to and becmnr n part oC the principal amount of tltc <br />iadebtodaeas evidenced by said note, subject to the ease terms and conditions. If the mortgagor shall pay and <br />discharge the indebtedness evidenced 6y said promissory note, and shall pay such sump and shall discharge all <br />tezea sad liens and rho costs, lase, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be carrceied and aurrendared. <br />7. 'Phe coveneaM herein contained shall bind and the benefits and ads aniages shall inun• to the rrspeetise ~uc• <br />censors and assigns of the parties htreto. Whenever used, the singular number that( include the plural, the plural the <br />singular, and the uaa of say geadee shall iaeluda all genders. <br />$. No waiver of any wvenant heroin or of the obligation secured hereby shall at sus time thee.-aH,•e t,e held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. A judicial decree, order, or judgment Lolding any provision or portion of dti. iu•tnrment iusahd or uuenr <br />forceable shall sot in any way impair or preclude the enforcement of the remaining prevision. ur portions of this <br />instrument. <br />Y0. Arty written notice to be issued to the mortgagor pursuant to the provisions of this [nNrument shalt be ad- <br />drswaedtotfu+mortgagorat 908 North Howard, Suite 103, Grand Island, vF 08II01 <br />and any written notice to be i~aesl to the enustgsges shall <br />beaddretsedtothemortgagreatP. C2. Sax 150', 2t~15 tiortlt Faruadwell, Grand '~i..er~1, <br />Nt:br.aska ti8801 <br />One R7RM 'J Eli (1 ~}~ <br />