Laserfiche WebLink
$~--~ ~ 5 6'77 <br />'U~~:~; <br />- 3. The mortgagor covenants and agreec that if he shall fail to pay said indebtedness or any part thereof when <br />date or shall fail to perform any covenant or agreement of thin iestruinent or the promissorq note secured hereby, the <br />ettrire indebtedness hereby secured shall immediately become due, payable,. and collectiltle_witbout notice, at :he <br />aptioa of the mortgagee or assigns, regardless of maturity, and-the mart~gee or his assigns may before or after rntrr <br />seR-,said property without appraisement ~ the mortgagor having waived and assigned to the mortgagee all rights of <br />appzaieemeni) : _ <br />- 1 tj at judicial Bale pursuant to the provisions of 28 li.S.C. 200I ~ a 1 : ur <br />(n) at the option of the mortgagee, either by auction or by solicitation oC sealed bide, for the highest attd <br />beat bid complying with the terms of sale and manner of payment specified-in the published notice of Bale, Bret <br />giving four weeks' notice of the time, terms, and place of such eels, he ulvrrt isement not lase than user, <br />during each of said four weeks in a newspaper published or distributed in the county is which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee or nay 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 located. The mortgagee is hereby authoriud to execute for ant! on behali of the mortgagor and to <br />deliver to the purchaser at each sale a etrt6cient conveyance of said property, which conveyance ehail contain <br />recitals as to the happening of the default upon which the ezecution of the power oC sate herein granted <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or.any agetttor nttorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals sad to execute acid <br />conveyance and hereby coveaanta and agrees that the recitals so made shall be effectual to bar alt equity or <br />right of redemption, homestead, dower, and all other exentptiona of the nwrtgagaq all of which tae hereh~ <br />expreaely waived and conveyed to the mortgagee; or <br />(nt) take any other appropriate action putnuaut Lo state or Federal statute either in ,rate ur Federal <br />corert or otherwise for the disposition of the property. <br />In the event of a sale as hereinbefore provided, the mortgagor or any persons is poeeession under the mort- <br />gagor shall then become and be tenants holdeng over and shall forthwith deliver possession to the purchaser at <br />such sale or be summarily dispossessed, in accordance with the provisions of law applscabte to tenants holding over. <br />The power and agency hereby granted are coupled with an interest and are irrevocable by death nr uthenvise..uul <br />are granted ae cumulative to the remedies for collection of said indebtednera provided by law. <br />d. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied fimt <br />to pay Gte €-trtts and exptrtses of said sale, the axpeases incurred by the mortgagee for the purpose of protecting or main- <br />taining snot property, and reseonable attorneys' fees: secondly, to pay they indrhtedursa aerured hereby: anal thirdly, <br />to pay any aurplua or extxaa to the person or persons legalh• ontitled thereto. <br />5. In the event said.property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinehove <br />granted, and the proceeds are not eul5cient to pay the total indebtedness secured by this instrument and evidenced bt' <br />said promissory note, the mortgagee will be entitl«d to a deficiency judgment for the amoun[ of the deficiency withoue <br />regard to appraisement. <br />6. In the event the mortgagor mils to pa}' an}' Federal, atxte, ur local tax ^esesemeu[, income tux or other tai <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 so paid by the mortgagee shall be added to and become u part of the principal amount of the <br />indebtedness evidenced by said note, subject to the name. seems and conditions. If the mortgagor shall pay and <br />discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all <br />taxes and liens utd the costa, few, and expetters of making, enforcing, and executing this mortgage, thou this mortgage <br />shall be canceled and eurtender~. <br />7. The covenants besets eoutained shall bind and the. 6enelite and udvantagexhall imrre to the n•~pvctiee ,uc• <br />cesaoro and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plueal the <br />singular, sad the tree o€ any gender shall inciuda ail gcadero. <br />8. No waiver aE say covenant herein or of the obligation ercurrd hereby shall at :uq time thereafter he held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. A judicial decree, ordeq or judgment holding any provision ur portion of this iunlruenertt invalid ur uocu- <br />[orceable shall not in any way impair or preclade the enforcement of the remaining provisions or portions of this <br />insiniment. <br />IQ. Any weftten aotftx to be ierued to the mortgagor pureataat to the provuiene of this instrument shalt be ad• <br />dteseodtatitemotvgagorat 908 North Howard, Suite 103, Grand Island, NE 68801 <br />and any written notice to be issued to the mortgagee shaft <br />Iteaddr~riseothetattrtgageeat F, O. i3ox 1507, 207.5 worth Hroadwell, Grand Island, <br />NeTaraska 68861 <br />SBR f6RM 92a 12-)si <br />