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<br />3. The mortgagor covenants and agrees that if he shall fail to pay said-indebtedness or any part thereof when <br />due, or shall fail to perform any covenant or agreement of thin instrument or the promissory note secured herebv, the <br />esttfre indebtedness hereby secured shall immediately become due, payable,-and collectible without notice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the tsfpiagageebr• his arraigns may before or after entr~ <br />hell-said property without appraisement (the mortgagor having waived-anrl assigned !o the mortgagee all rights of <br />appraieement) : ~ „ <br />i t) at judicial sale pursuant to the provisions of 28 U.S.C. 2(101 i a (: ur <br />(tt) at the optioa,oC the mortgagee, either by auction orby.soliaitaatim of eeakd bids, for the highest and <br />-best bid complying with the terms of sale and manner of payment ap~ified in the publiotF+ed nonce of sale, fire[ <br />giving four weeks' notice of the time. [ernes, and place oC such sale, by adterrisement not iess than once <br />during each of said tour weeks in a newspaper published or distributed is the county in which said property <br />is situated, all other notice being hereby waived by 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 sold or at the Federate county, or city courthouse for the county in which the <br />property ie located. The mortgagee ie hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at each sale a sufficient conveyance of said property, which conveyance shall contain <br />re"i21s as to the happ~.,niag of the default upon which else execution of the power of sate herein granted <br />depends; and the said mortgagor hereby rnnstitutee and appoints the mortgagee or nay agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor Co, rx+ake each recitals and to execute said, <br />conveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exenrptione of the mortgagor, all ot,which are 6erehy <br />expressly waived and conveyed to the mortgagee: or <br />(ai) take any other appropriate action purxuaut to state ur Fe+leral statute either iu state ur k'ederal <br />court ar otherwise for the disposition of the property. <br />In the event of a sale ae hereinbefore provided, the mortgagor or any persona in possession under the mort- <br />gagor shall then Lecome and he tenants holdhtg over and shall forthwith deliver possession to the purchaser at <br />such sale or be summarily dispossessed, in accordance with [he provisions of law applicable to tenants holding user. <br />The power and agency hereby granted are coupled with an interest and are irrernrable by death or uthrnvise.:uui <br />are granted ae cumulative to the,fe. mi:±~}ea•,.'{`a(~q of said indebtedness provided by law-. <br />4. The proceeds of any sale.`oLt`,aar *` _ ~p~et~,3~n°`"~'~ordance with the preceding peragrapha shall be applied &nt <br />to pay the casts sad e_-pettees aC said sale, the expenem incurred by the mortgagee for t~+e purpose of projecting or main- <br />taining said pmparty, and reasonable attorneys' fees; aetrondly, to pav she indebtedness secared herebv: mui it++nii., <br />to pay any surplus or excess to the person or persona legally entitled thereto. <br />5. in the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereiaabove <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced br <br />said pmmimory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without <br />regard to appraiaemenr. <br />6. In the event the mortgagor fails to pay- any Federal, state, ur local tea assesxmeuq income tax ur other tux <br />lien, charge, fee, ar other expense charged against the property the mortgagee ix hereby authorized at fits option w <br />pay Qte same. My sums au paid by the mortgagee shall be added to m+d become a part of the principal amwnu of the <br />indebtedness evidenced by said note, enbject to the came tsetse and conditions, if the mortgagor shall pay and <br />discharge the indebtedness evidenced by esid prwniesory note, and xhall pay each sums and shell discharge all <br />taxer and rims and the costa, fees, anti e:penaee of making, enforcing, and executing this mortgage, then this mortgage <br />•hsdl be aartcsled and suttmdered. <br />7. The eovenaots herein contained shall bind and the benefits and udsantuges shall inner to the r<•sprcti.e .uc. <br />oeeaors and aaaigru of the paMiee hereto. ftrheoever ueod, the singular number shell include the plural, the plural the <br />sinSalxr, and the use of any gender shall ittelstde all genders. <br />8. No waiver of any wvenant herein or u[ the obligafiw+ secured hereby shall at an) (imc therrnftrr I+e held <br />to be a waiver of the ternu hereof or of the Hate secured hereby. <br />9. A judicial decree, order, or judgment balding auy praviniws ur portiwt u[ tins iuatruuseut fur»iid ur uucu- <br />[arBeable shalt Hai is any way impair or preclude the enforcement of the remaining provisions or portions of [hie <br />inatruatent. <br />IQ. Asy wrlttan notice to ba 'scatted to-the mortgagor pursuant to the pmvi~sictse of chic instrument shall be ad- <br />dt'e+rednttl+assortga[{orat 908 N. 13oWat'd, Suite 106, Grand Island, NE bt3801 <br />and any written nonce to be iaued to the mortgagee shall <br />be addressed to the mortgagee at F.O. Box 1.507, Grand Tsland, NF v8ao 1 <br /> <br />