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80--~)n 5678
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<br />- 3. The mortgagor covenants and agrees that if he. shalt fail to pay acid indebtedness or any part thereof when
<br />dtte, or shall fail to perform any corenani or agreement of this instrument or the promissory note secured hereby, the
<br />satire indebtedness hereby secured shall immediately become- due, payable, and collectible without notice, at the
<br />option oI the mortgagee or assigns, regardless of maturity,,and the mortga~ez trr his assigns may before ur after entry
<br />sell said property without eppraiaement (ihe mortgagor having waived ahd assigned to the mortltagee all riFhte of
<br />appsaisement) : e'1
<br />.? at
<br />-: tt) at judicial sale pursuant to the provisions of 28 U.S.C. 2(261 t a! ; ur
<br />(n) at the option of the mortgagee, either by auction or by ealicitation o[ aealed.bids. for the highest and
<br />beat bid complying with the terms of Bale and manner oI payment specified-in the. published notice of sale, first
<br />~iviag tour weeks' notice of the time, ternts, and place of such sale, by advertisement not leas than once
<br />during each of said four weeks in a newspaper published or distributed in the county is which said property
<br />is sihtated, all other notice being hereby waived by 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 Bale shall be
<br />held at or oa the property to be sold or at the Federal, county, or city courthouse for the couary in which the
<br />property is located. The mortgagee ie hereby authorized to execute for and on behalf of the mortgagor and to
<br />deliver to the purchaser at such sale a sufScient conveyance of said property, which canveyance shaft contain
<br />recitals as to the happening of the default upon which the execution of the power of sale herein ranted
<br />aepeada; and the said mortgagor hereby constitutes and appoints the mortgagee or say agent or attorney of the
<br />mortgagee, the agent and attorney in fact of said mortgagor to make euch~, recitals and to execute said
<br />conveyance and hereby eoveaanta and agrees that the recitals ao made shall be effetxual to baz all equity or
<br />right of redemption, homestead, dower, and all other exemptiane of the mortKaKar. all of which ;ore beech,
<br />expressly waived and conveyed eo the mortgagee: or "
<br />(tit) take any alher appropriate aatioL.,pursuant to state ur k'etieral statute either in atala ur Pedrra!
<br />court or. otherwise for the disposition of the property.
<br />fn the event of a safe as hereiabefore provided, the mortgagor or say perao~ in paeseseioa under the mort-
<br />gagor shall then become and be tenants holding over and shalt forthwith deliver possession to the purchaser :rt
<br />sash sale or be summarily dispossessed, in accordance with the provisions of law alrplirable to tenants holdin;: over.
<br />The power and agency hereby granter) are coupled with an interest and are irrevocable by death +.r nthrrw-ire, ;uul
<br />are granted as cumnlatfve to the remedies (or collection of .aid indebtedness provided b, law.
<br />4. The proceeds of any 5aie-tif said property fn aeeordantt with the preceding paragraphs shall be applied first
<br />to pay the costa and eapeases of said sale, the eapettses incuzrrd by the mortgagee for the purpose of protecting or main-
<br />taining said property, and-reasonable attorneys' fees; eecaadlv', to pxs tits toile^hteduess secured hest±Fxy ;and thir+l(v,
<br />to pay any serplus az ezeess ~4o the person or persons legally entitled (berets.
<br />S. Irt the event said property is sold at a judicial fore€loaure sale or purenant to ihe power of sale heminabove
<br />granted. and the pt•aceedsare not sufficient to pay the total indebtedness secured by this instrument and evideneetl by
<br />said promissory note, the mortgagee will be eaiitled to a deficiency judgment for the amount of the deficiency wfthaut
<br />regard ro appraiaement.
<br />6. Io the event the mortgagor fails to pay any' Federal, state, ae local tax aareasmeut, tarmac tax ur other tax
<br />lien, charge, fee, ar other expense charged against tltc property the mortgagee is hereby authorized at his option to
<br />pay the same. Any sums eo paid by the mortgagee shall be added to and become a part oC the principal amount of the
<br />indebtedness evidenced by said note, subject to the same terms and coaditione. Ii the mortgagor shall pay and
<br />discharge the indebtedness evideni~d by said promissory note, and shall pay ouch soma and shall discharge aU
<br />razes and liens and the txtete, feeq and a:penxa of making, enfoning, and executing this mortgage, then this mortgage
<br />+hall be oattcehtd and surrondored.
<br />7. 'The covenants heroin contained shalt bind and the benefits and advantages shall inure to the rrsl,rativr sue•
<br />ceetora and assigm of the parties hereto. Whenever used, the singular number shsil include the plural, the plural the
<br />efngniu, and the tree of any gender ebaU fnchrde dl genders.
<br />B. No weivcr of any coveaaat herein or ui rho obligation secured hereby shall at ant time thenad'ter he held
<br />to be a waiver of the terms hereof or of the note secured hereby.
<br />9. A judicial dtxree, order, ar judgment holding any provision ur pardon of thin iuntruntent invakid ur uuen-
<br />foreeable shall not fa any way impair oz preclude the enforcement of ihe remaining provisions or portions of this
<br />ittstrnment.
<br />10. Any wnittat nonce m be caned to the mortgagor pureuaaE to the provieicna of this instrument shall be ad-
<br />drea,edtotltemort~aRorat 908 N, Howard, Grand Island, Nebraska 68801
<br />and any written notfx to be ierued to the mortgagee shell
<br />ba addreawt$ eo the mortgagee at p. O. Box 1507, Grand Island, Nebraska 68801
<br />anA FORM 3Ta (2-)3!
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