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~0- t)r 5671 ~ ~ ~ ~ ;~
<br />3. The mortgagor covename and agrees that it he shall fail to pay said indebtedness or an} pare thereof when
<br />due, or shall fail to perform any covenant or agreement of ibis inairoment or the promissory note secured hereby, the
<br />enr;.a indebtedness hereby secured shall immediately heeorae due, payable, and collectih[e without notice, at the
<br />option of the mortgagee or assigns, regardless of maturity, and the mortga~ee on his assiFna mar before or after entn
<br />sell-said property without appraiaemem Ithe mortgagor having waived aurl assiKned-to the mortgagee alt rights of
<br />ap~irafsement) :
<br />~r _
<br />~ t) at judicial salt, Vurovani to the provisions of 2$ US.C. 20t)I ~ a ~ : ur
<br />(tt j at tine option of the mortgagee, either bq auction or by solicitation of sealed bids, for the highest and
<br />beat bid complying with the terms of sale and manner of paymtent specified in the published notice of sale, first
<br />giving four weeks' notice oI the time, ternts, and place o[ ouch ~a le, by adirrtisement not less than once
<br />dnrfng each of said four weeks in a newspaper pablished or distributed in the county in which eaid property
<br />is situated, all other notice being hereby waived by the mortgagor (and eaid mortgagee, or any person on
<br />behalf o[ eaid mortgagee, may bid with the unpaid indebtedness evidenced by eaid notej. Said sale shall be
<br />3teid at or on the property to be sold or at the Federal, county, or city courthouse for the county in which the
<br />property is located. The mortgagee is hereby authorized to execute for sad on behalf of the mortgagor and to
<br />deliver to the purchaser at each sale a sufficient conveyance of said property, which conveyance shall eoaiain
<br />r~tals as to the happening of the default npoa which the ezecu3on of the power of sale herein granted
<br />depends; and the eaid mtsttgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the
<br />mortgagee, the agent and attorney in fact of eaid mortgagor to make eucB~ recitals arnd to execute said
<br />conveyance and hereby rnvenanta and agrees that the recitals eo made shall be effectual to bar alI equity or
<br />right of redemption, homestead, dower, and all other exemptions of the mortgagor. all of which are beech}
<br />expressly waivedand conbewed to the mortgagee: ar
<br />(Itt1 take any other, appropriate actiou pursuant to state or 1''ederal slanrte either in state ur k'ederal
<br />court or otherwise for the disposition of the property.
<br />in the event of a sale as hereinbe(ore p>ovided, the morlgagor or any persona in possession under the mort-
<br />gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at
<br />such sale or be summarily dieposseeeed, in accordance 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 nr uthrrwise, and
<br />are granted as cumulative m the remedies for colieetien of said indebtedness provided by law.
<br />4, The proceeds of any sale of eaid property in accordance with the preceding paragraphs shall be applied first
<br />to pay Lhe costa and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main-
<br />taining said- property, and ressonabie attorneys' fees; secondly, to pay the indebtedness secured hereley; aced thinlly.
<br />to pay any surplus or excess to the perapn or persons legally entided. thereto.
<br />S. In the event said property is sold at a judicial foreclosure eels or pursuant w the power of sale hereinebove
<br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by
<br />eaid promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without
<br />regard to apprttisemant.
<br />6. la the event the mortgagor fails to pay any Federal, state, or local tax aseessmeu4 income tax or other tax
<br />lien, charge, fee, or other expense charged against the property the mortgagee is hereby authorized at his option to
<br />pay the same. Any sums ea paid by the mortgagee shall be added to and become a part of the principal amount of the
<br />indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and
<br />discharge the indebtedness evidenced by acid promissory note, and shall pay each some and shall discharge all
<br />taxes end bane and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage
<br />.hall be canceled end surrendered.
<br />7. The covenants herein contained shall bind and the benefits and advwttages aball inntre to the rrepectivr. suc-
<br />eeeson and assigns of the parties heroto. Whenever used, the sitgular number shat! include the plural, the plural the
<br />singular, asd the tree of any gencl¢r shall include alt genders.
<br />$. No waiver of any covenant herein or of the obligation necurrd hereby shall at stn onto therraftcr he h,dd
<br />to be a waiver of the terms hereof or of the nets secured hereby.
<br />9. A judieia! decree, order, ter judgment holding auy proriaion ur portion of this instrument invalid or uucu-
<br />foreeable shall nos is any way impair or preclude the enforcement of the remaining provisions or portions u( this
<br />itsgrtttneae.
<br />141, Any written notice to be issued to t)m mortgagor pursuant to the provisiom of this instrument shall be ad-
<br />dtwaadtothnmort;agoea! 90$ North Howard, Suite 169, Grand Island, Nebraska
<br />and soy written notice to he Issued to the mortgagee ehaH
<br />be eddreased to the mortgagee st P.O. Box 15Q7, ZO15 ryor[h Broadway, Grand Island, iJe 68501
<br />anA rpga, 92a (Z.%31
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