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The mortgagor covenants and agrees that if he shall Lail to pay -aid indebtedness or an} part thereof when <br />dttq or shall fail to perform any covenantor agreement of thin instrument or the promissory Hate secured harsh}', the <br />entire indebtedness hereby secured shaft immediately become due, payable, and t»1leciible withont notice, at the <br />option of the mortgagee or assigns, regardless of matarity, and the morg5ggee•ar'l;isa~signs-ntav before or after entry <br />etirtl said property without appraisement tthe mortgagor having waived"'and assigned to the mortgagee all rights of <br />appraisementl <br />~_ ei _ '< <br />~ t) at judicial sale purouant to the previsions of EBII.S.C. 2(101 ~ a i ; ur <br />(uj at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highert and <br />brat bid rnmplying with the terms of sale and manner of payment specified in the published notice of sale, firot <br />xiving four weeks' notice of the time, 2ernts, and place of Ruch sale, h. advertisement'not let= than uuce <br />during each of said four weeks fn a newspaper published or distributed in the county in which said property <br />is situated, all other notice being hereby waived b}' the mortgagor (and said mortgagee; or any person on <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 cold or at the Federal, county, or city courthouse for the county in which the <br />property is located. The mortgagee is hereby authorized io execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a aulficient conveyance of said property, which conveyance shall contain <br />recitals as is the happening of the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby conetitutee and appoints the mortgagee or any agent or attorney of the <br />mortgagee; the agtmt and attorney in fact of said mortgagor to. make each recitals, and- to execute said <br />conveyance and hereby covenants and agrees that the recitals ea made aha31 heeffectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions oi. the mortgagor, all of which are herein <br />expressly waived and conveyed to the mortgagee; or <br />(tttb take any other approprinie aetian pureuaut to state ur N'ederal statute either ut state or F'r.:lrral <br />court or otherwise for the disposition of the property. <br />Ia the event of a sale ae hereinbefore. provided, the mortgagor or any persona in poeseeaion uttder the mort- <br />gagor shall then become and be tenants holding over and shall forthwith deliver possession io the purchaser at <br />such sale or be summarily dieposseeeed, in accordance with tF.e provisions of law applicable to tenants itoldinR over. <br />The power and agency hereby granted are coupled with an interest and are irrerocable by death nr othenrisr, and <br />are granted as cumulative to the remedies for collection of said indebtedness provided by law. <br />:1. The proceeds of any sale of said property in accordance with the preceding raragraphs shall be applied first <br />to pay the oasis and expenses of said•aale, ibe expettsea incurred by the mortgagee for the purpose of protecting crmain- <br />taining said gropert}; and reeaanable attorneys' feee; secondly, to pay the indebtedness secured hecebr; and thinly. <br />to pay any surplus or excess to the person ar pereans legally entitled thereto. <br />5. In the event avid property ie sold at a judicial-foreclosure sale or pursuant to the power of sale hereinalwve <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency tuitftont <br />regewd to appraiaemeat. <br />6. In the event the mortgagor [ails to pay any Federal, state, ur local taw assesenteut, income tax or other tax <br />lien, charge, fee, or other expense charged against ate property the mortgagee is hereby authorized :u his uptimf to <br />pay the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal :uuount of the <br />indebtedness evidentxil by said Hate, subject to the same terms and conditions. If the morigagor shall pay and <br />discharge the indebtedness evidenced by said promissory note, and shall pay such some and shall discharge all <br />farces and lions and the costa, foes, and expenses of melting, enforcing, and executing this mortgage, Shen this mortgage <br />•ha~l be canceled and surrendered. <br />7. The eovenaate herein contained shell bind and the benefits and advantages .hall inure to the rr,prctive ,u,~• <br />oeesoro and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the <br />eisgula€, sad *_he >•so of any gender strati iaelnde all gendere. <br />8. No waiver of any covenant herein or of the obligation secured Itereb} shall ^t ao~ tine there:dter lx hrlfi <br />to be e waiver ai the terms hereof or of the note secured hereby. <br />9. A judicial decree, order, or judgment Lolding art}' provieiou ur portion of this instru,nem invalid w uucu• <br />foneoabfe shall-Hat in any way impair or preeladt the enforcement of the remaining provisions cxr portions of this <br />iasttutitent. <br />1Q. Any written ootitxi to bs uaued to the mortgagor pursuant to the provisicns of this iaatnrateat shall be ad- <br />dteasatitotltettwrtgagorat 908 N. 13oward, Suite 10~, Grand island, NE 68801 <br />and soy written notices to be issaed to the mortgagee shall <br />beaddressedmthomortgageeat P.U. Hox 1507, 2015 N. Hroadwell, •3rand Island, NE <br />68801 <br />46A FCJ iiM `D2a f2-93t <br />