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~..~ ~ <br />80-Ci(~568G <br />3. The mortgagor covenants and agrees that if he shall fail to pay said iadehtedneae or any part thereof when <br />due, or shall fail to perform any covenantor agreement of this instmment or the promissory note secured hereby, the <br />entire 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 themor[gagee or his assigns may before or after entry <br />selYsaid property without eppraisement tthe mortgagor having waived and assigned to the mortgagee all rights of <br />appraieement) <br />r t) at judicial Bale pur*vant to the provisions of 28 U.S.C. 2D01 i a t : ar <br />(tt) at the option of the mortgagee, either by auction or by solicitation of sealed bide, foe the highest and <br />heat hid complying with the terms of sale sad manner of payment/ specified in the-published notice of sale, first <br />giving four weekei notice of the time, terms, and place of such sale, by advertisement not lean than oncr. <br />daring each of said foot weeks in a newspaper published or distributed in 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 oz at the Federal, county, oc city courthouse for the county in which the <br />property is located. The mortgagee ie hereby authorized to ezecute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain <br />recitals as to the happening of the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby conetituten and appoints the mortgagee or say agent or attorney of the <br />mortgagee, the agrDnt and attorney in fact of said mortgagor to make such recital and to execute said <br />conveyance and hereby covenants and agrees that the recitals eo mane shall be eHectval to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor. all of which are herehv <br />expressly waived and conveyed to the mortgagee; or <br />(ut) take any other appropriate action pursuant to state or Federal statute either in slate ar h'ederal <br />court or otherwise for the diepoaition of the property. <br />In the event of a sale as hereinbefore provided, the mortgagor or any persons in possession under the mort• <br />gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at <br />aoeh sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. <br />The power and agency hereby granted are wupled with an intexeat and are irrerorahle by death or athenvise. ;md <br />are granted as cumulative to the remedies far collection of said inrlehtedneae provided M~ Iaw~. <br />4. The proceeds of any~sale of said-property in accordance with the preceding paragraphs shall be applied ftmt <br />to pay the costa and P=ptnabs of said-axle, the expenses inenrred by thr mortgagee for Flte purpose of proteeti_g or main• <br />raining said property, and reasonable attorneys' fees: secondly, to pay tl:e inrlehtedneaa secured hereby: and thirdly, <br />to pay any surplus or exce~ io the person or persona legeiiy entitled thereto. <br />~. In the event acid property ie sold at a judicial forecloaute sale or pursuant to the power of Bale hereinabove <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 Cor the amount of the deficiency without <br />regard to sppraiaement. <br />6. In the event the mortgagor fails to pay any Federal, state, or local tar. assessment, income tax ar ether tax <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 ao paid by the mortgagee shall be added to and become a part of the principal nnrouat of the <br />indabWdaeaa evidenced by said note, subject to the same terms wed conditions, I( the mortgagor shall pay and <br />discharge tLe indebtedness evidencwl by said promissory note, and shall pay such sums and ehal! discharge all <br />taatm and liras and the costa, fees, and expenses of making, enforcing, and executing this mortgage, then thin mortgage <br />ahaU be canceled and surrendered. <br />7. The covenants heroin eogtahted shall bind and the benefits and udv anlugen shall lours w the rrp,evlive suc• <br />season and aetigu,D of the parties hereto. Whenever used, the singular number shall include the plural, the plural the <br />aittgttlar, and the vas of any gender ahaU include all geadera. <br />8. No waiver of any covenant herein or of the obligation secured hereby shall ui :uq tinu• therr:,firr k,e held <br />to be a waiver of the terms hereof or of the note eecurral hereby. <br />4. A judicial decree, order, or judgment holding auy provision or pur[iou of thisDUStnuneut invalid ur ascot <br />forceable xltail oat in any way impair or preclude the enforcement of the remaining provisions or portions o(this <br />iostntment. <br />10. Any written notice io be issued to the mortgsger pursuant to the provisions of thin instrument shall be ad• <br />dr~dtotlDemazigagorat 308 North Howard, Suite i03, Grand Island, NP: bti801 <br />sad any written notix to be issued to the mortgagee shaft <br />beaddrasasdtarthetnertgg~a€ p,;?, H;ax i,~7,~v13 dorttz i3rcadw~ii ;r«nci ,si.rriu, <br />tdr~~raska 6E3f301 <br />sea. 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