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80-~~(~5~7~ <br />3. The mortgagor covenants and agrees that it he shall fail to pay said indebtedness nr any part thereof when <br />due, or shall tail to perform any covenant or agreement of Chia instrument or the promissory note secured hereby, the <br />cadre indebtedness hereby secured eha}1 immediately become dne. payable, and collectible without notice. at the <br />option of the mortgagee or assigns, regardless of maturity, and the martR'agee+or his assigns man- before or after entry <br />Bell said property without appraiaement I the mortgagor having wailed- noel assigner! to the mortgagee all rights of <br />appraiaement) : - <br />r.i <br />I t { at judicial sale nursuant to the provisions of 28 U.S.C. 2001 ~ a I : ur <br />(tt) at the option of the mortgagee, either by auction ar by solicitation o[ seafed~bida, for the highest and <br />beat bid complying with the terms of sale and manner of payment specified is the published notice of sale, 5ret <br />Riving four weeks' notice of the rinse, terms. and piaee of such sate, he adarrtiseni~nt not less than once <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 bring 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 Federal, county, or city courthouse for the county in which the <br />property is locsted. The mortgagee ie hereby authorized to execute for and on behalf of the mortgagor and to <br />del"over to the purchaser at such sale- a sn_~•ient conveyaree of said prapert., which conveyance shall contain <br />recftals ae Is the happening of the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby rnnstitutes and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute acid <br />conveyance and hereby covenants and agrees that the recitaie eo made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and. all other exam{!lions of the mortgagor, all of which are hereha <br />expressly waived and eonveyedto themortgagee; or <br />Qn{ take any other appropriate action pursuant to state or Federal statute either iu ,tats or Federal <br />court or otherwise for the disposition of the properh~. <br />do the event of a Bale as hereinbefore provided, the mortgagor or any persons in possession under the mort- <br />gagot shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser ,u <br />such sale or be summarily diapoeseesed, in accottiance with the provisions of law ap;;dicable to tenants holding over. <br />The power amt agevcy hereby granted are coupled with an intereet and are irrevocable by death nr uthrrwis.-. and <br />are granted ' - pp;t~~l~gt j~ rollrction of said indebtedness provided be law. <br />/~t'i~ ~ <br />4 The ~sts lMwrr, <br />ss~a5aa~fv in accordance with rho preceding paragraphs shall be applied first <br />to pay the costa and expenses of said sale, the eapensea incurred by the mortgagee for the purpose of protecting ormain- <br />teiningsaid graperty, and reasonable attorneys' fees; secondly, to ltay the indebtedness secured hereby; amt third!}. <br />to pay any snrplaa or excess to the person or persons legally entitled thereto. <br />5. In the event acid property is sold at a judicial foreclosure sale or pursuant to 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 />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the defciency without <br />regard to approiaement. <br />6. Ia the event the mortgagor faits to pay any Federal, state, or local tax assesameut, income tax or udter tan <br />lien, charge, fee, or other expense charged against We property the mortgagee is hereby authorized at his option to <br />pay the acme. Any soma eo paid by the tteortgagee shall be added to and become a part of the principal amount of tl!c <br />indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and <br />discharge she indebtedness evidenced by acid promissory note, and shall pay each some and shell discharge all <br />taxes and }tens and the coats, tees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shag bo r•r,caled and surrendered. <br />7. The covenanu heroin contained shell bind and the benefits and advantages shall inure lu the resprctivr suc- <br />teseore and a!?igrt,: of the partses berate. ~hynever used, the singular number shalt include the plural, the plural the <br />aingttlar, and the use at any gender shall include alt gwden. <br />8. 1Yo waiver of any coveaeni herein or of the obligation secured hereby shall at ae» time lherrafter he held <br />to Ile a waiver of the terms hereof or of the note secured hereby. <br />9. A judicial decree, order, or judgment bolding any provision or pastime of thin uutrument invalid ur ruren- <br />foreeahks shall not is any way impair or preclude the enforcement of the remsining proviaiona or portions of this <br />iwtrumwut <br />I0. Any written. notice to ba iuued to the mortgagor purawmt to the pmvieicns of this instrument shall be ad- <br />dvaaas)utthnmetrtgsgorat 908 North Howard, Suite 10"x, Gard Island, NE 68$01 <br />sad any written ~+t3~ to be iaatrod to the mortgagee shall <br />beaddresaedtothemortgageeat p. q. V3ox 1,507, 2q1~ North {+rc>adt§W11, -a;;d Isla.;d, <br />Neksraaka 68861 ~_ <br />Sga~ Ft>pM a2a (7.'J'tt <br />