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<br />80--t)f~5681 <br />~.:~w ~}: <br />3. The mortgagor covenants and agrees chat if he shall fail to pa}• said-indebtedness or any part thereof when <br />duo, or shall fail to perforrr. any covenant or agreement of this inetmmeat or lire promissory note secured hereby, the <br />entire indebtedness hereby secured shall immediately become due, payable. and collectible without satire, at the <br />option of the mortgagee or assignc_ regardless of maturit}', and the Mortgagee or his aesi~rie may before or after entry <br />sell.said property without appratseatent I the mortgagor having vi$ived and assigned to the mortgagee all rights of <br />appraisement) <br />1[) at judicial sale ~purnuant to the provisions of 28 U.5.C. 2(Nll +a 1 : or <br />{tt) at the option of the mortgagee, either by auction or pY solicitation of sealed bide, Eor the highest and <br />beat bid complying with the tetras of sale and manner of payment specified in the published notice of sale, first <br />giving four weeks' notice of the time, terns, and place of such sale, hp advertisement not less than once <br />during each of said four 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 peraoa on <br />behalf of said mortgagee, may bid wish the unpaid indebtedness evidenced by said note). Said sale shall be <br />held at or oa the property to be sold or at the Federal, county, or city courthouse for the county in which the <br />property u located. The mortgagee is hereby suthoriaed to ezecute for and on behalf of the mortgagor and to <br />deliver to th~° pear, ;seer at sack axle a ert~ricient conveyance of said property, which conveyance shall contain <br />racitaia 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 constitutes and appoints the mortgagee or arty agent or attorney of the <br />mortgagee, xhe sprat sad attorney is fact of said mortgagor to make suelt recitals and, to execute said <br />conveyance and hereby covenants and agrees .that the recitals sa made shall be effectual to bar all egtuitp or <br />right of redemption, homestead, dower, and all other exemptions of the ntortgagar. all nt which are hereltx- <br />expresely waived and conveyed to the mortgagee; ar <br />{ttU take any outer appropriate action pursuant to state or Federal stanrte Tither in state ur b'ederal <br />court or otltera~ee for the disposition of the property. <br />In the event of a sale as hereinbefore provided, rho mortgagor or say persona in possession tinder the mort- <br />gagor shall then become and fie tenants holding over and shall forthwith deliver possession to the purchaser at <br />such sale or be summarily dieposseseed, in accordance with the provisions of law applicable to tenants holding over. <br />The power sad agency hereby granted are c•:atpled with an interest aml are irrevocable by death or othrrrwiae. and <br />are granted u eumuiative to tfto remedies for collection of said iadehtedness prox ,eieri by la>,~. <br />4.' The proceet~s of anytsile of ~ q~•r,~{Firiy is accordance with dto lareceding paragraphs ahal2 be applied first <br />to pay rho costa aneF ex'~'f ~ttu~tl aale,.the•expeases incurred by the mortgagee for the purpose of protecting or main. <br />tainting said property, sad reaaaoable uitoraeye' frees; secondly, to pay the iudehtetiness secured herelty; atad thirdly, <br />to pay say aarplUS or exoesa tb alts person or laersona legally Ern#itled tltereta. - <br />S. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinebove <br />grouted, and the proceeds are not attfficieat to pap 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 deficiency without <br />regard to appraiaement. <br />6. In the event the mortgagor fails to pay any Federal, state, ar local tax assessnteut, income tax er other tax <br />lies, charge, fee, or other expense charged againss the property the mortgagee is hereby authorised at his option w <br />pay the same. Any sums so paid by the mortgagee shall be added to and become a psa•t of the principal amount of the <br />indebtedness evidenced by paid note, subject to the name terms and conditions, I{ the mortgagor shall pay and <br />discharge the indebtedness evidenced by said promissory note, and shall pay ouch auma and shall diachargr, all <br />taxes cad liens and the coats, fees, and expenses of making, eaforoiug, and executing this mortgage, then this mortgage <br />=hall be canceled and eurrondered. <br />7. The covenants herein contained eltall bind and the benefits turd advantages shall inure to the respective suc- <br />ecsxtrs and sssigaa of the parties hereto. i'Uhenever used, the singular number shall include the: plural, the plural the <br />singular, and rho use of any gender shall include all genders. <br />8. No waiver of any covenant heroin or of the obligation secured hereby shill st ant time thereafter In• held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. A judicial decree, order, or judgment holding any provision or portiau of this instrument invalid ur aura- <br />forceable shall sat in soy way impair or preclude the. enforcement of the remaining provisions or portions of this <br />insttnmertt. <br />I0. Any written ttotice to be issued to the mortgagor purauaat to the provisions of this instrument shall be ad- <br />dreredtothemortgagnrax 908 North Howard, Suite 103, Grand Island, NE 58801 <br />and any written notice to be issued to the mortgagee shall <br />beaddreasedtothemortgagesat P3 G, Fix 150?, 2015 "lorih ~roadweli, Grand island, <br />Nebraska 58801 <br />SBq ~(tHM 5!6 (t.}3t <br />