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~.. <br />80.a.- it t~ 5 ~`~ ~ :~ '. E1 y ~ D <br />3. The mortgagor covenants and agrees iha! if he shall Eail to pa}' -aid indebtedness or an} part thereof when <br />dtu, or shall fail m perform any covenant or agreement of this instrument or the promisson' note secured hereby, the <br />entire iadebtedaeas hereby secured shall immediateh• become due, payable, and coilecti.bie without notice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee orit4s assifSna may before or after entn~ <br />sell. said property wiihaut appraiaement t4he mortgagor having waived asst aseitened to the mort¢agee all rights of <br />apprafeem~t) <br />4 ~ .. _... <br />t) at judicial sale pursuant to the provisions of 28 U.S.C. 25701 + a i ; ur <br />(tt) ai the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and <br />beat bid complying wish the terms of sale and manner of payment specified in the published notice of sale, first <br />giving four weeks' notice of the time, ternrn, and place of such sale, by adsertisement not les, than wrce <br />during each of said four weeks in a newspaper published or distributed in the county in which said property <br />is situated, all other notice being hereby waited ~hv the mortgagor (and said mortgagee, or say person on <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall be <br />Geld at or on the property to be sold or at the Federal, county, or city courthouse for the eovaty in which the <br />property is located. The mortgagee is hereby authorized to ezecute foi and oa behalf of the mortgagor sad to <br />deliver to the purchaser ar .,,oh sate a a,:~eient conveyane of said property, which conveyance ehail contain <br />recitals ae to [be happening of the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attome}• of the <br />mortgagee, the agupt and attorney in fact of said mortgagor to make such recitals apd to execute said <br />Conveyance and hereby covenants and agrees Yhat the recitals eo made shall be effectual to bar ail equity or <br />right of redemption; homestead, dower, and all other exemptions of the mortgagor. all of which are hrrehy <br />expressly waived anti conveyed to'the mortgagees oi•~ <br />{at/ take any other appropriate action purauatu to state or k'ederal statute either in state ur Federal <br />court or otherwise for the disposition of the property. <br />In the event of a sale as hereiabefore provided, She mortgagor or any persons in possession under the mort- <br />gagor ahal! then become sad be tenants holding over and- shall forthwith deliver possession to the purchaser :u <br />such Bale or be summarily dispossessed, in accordance with the provisions of law applicable m tenants holdin7; aver. <br />The Bower and ageaey hereby granted are coupled with an interest and are irrevocable by death nr athrruisv. and <br />are granted as cumulative to the remedies for collection of said indebtedness provided bylaw. <br />4. The aroeeeds of any sale of said property in accordance with the preceding paragraphs shall be applied riser <br />to pay rho costa sad ezpensettof eaid~~le: the ezpeaees incurred by the mortgagee For the purpose of protecting of main• <br />tsiniag said pronerty, sad teawnable attoraeya' fees; aecondlv,;ta pay the itcilehtednesa secured herefts: and thirdly. <br />to pay any surplas of ezcera-€a ilia pe,~ou or•-persvna~logaily entitled Sltareta. . <br />5. In the event said property is sold ai a judicial foreclosure sale or pursuant to the power of sale hereinabove <br />granted, and the proceeds are not sulbcient 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 without <br />regard to approiaement. <br />6. In the event iha mortgagor fails to pay anyrederal, acute, ur local tax ussenemeub income tax or other tax <br />lien, charge, fee, or other expense charged against the property the martgagea is beech}' authorised at his aptimi n, <br />pay the same. Any Bums eu paid by the mortgagee shell be added to and beCOnte a part of dre principal amount of dre <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 said promissory note, and shall pay each soma and ehatl discharge all <br />reset and liens and the costs, foes, and expenses of making, enforcing, end eaeeuting this mortgage, rhea this mortgage <br />•hai! be caaceled and eueroaderod. <br />7. The covenants 6areia contained shall bind and the benefits and advuutages shall inure tv the reryrectisr, suc• <br />eessoes and assigns of the parties hereto. Wherterer used, the siagula: number she!! include the plural, the plural the <br />aingalar, and the use art any gender shall ittclnde all genders- <br />8. No waiver of spy +roveuant herein or ut the obligation secured hereby shall ut ens time thereafter Ire held <br />to be a waiver of the terms hereof or of the pole secured heroby. <br />9. A judicial akcreC, order, of judgment holding any prow iaimt ar purliou aC thin ittetruutent iuvali6 ur uucu- <br />forceable shall not io any way impair or preclude the enforcement of the remaining provisions or portions of this <br />ipstttaaent. <br />IO Any trrltien aotioe m ba iesttad to the mortgagor pursuant to iha prnvisicns of this instrument shall be ad- <br />d'rasad to ths..mutiprgor•at q08 Plorth Noward, Suite 102, Grand Zaland, Nebraska 68801 <br />and any writtep nartice to be issued to the mortgagee shall <br />he addzasaad to iha saortgaRee st p.p. 11ox 1507, 201 i N, BroaciWel 1, Grand Island, Nh (~880i <br />:Rn cOHM 5Ja f2-'+'yi <br />