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~1--00476 <br />6. In the event said property is sold at a judicial foreclosure sale or pursuant to the powtt of a sale htteinabove <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenc- <br />ed by said promissory note, the mortgagee wilt be entitled to a deficiency judgement for the amount of the <br />deficiency tvith~t nCgard to apyrofsrment. <br />7. In the event the mortgagor fails to pay any federal, state, or local tax assesrnent, itecome tax or other tax lien; <br />charg;:; ~ ~ athsr-espegse charged against the property. the mortgages is hereby authoriZ~ at i[s option to pay <br />the saute. Any sums so paid by the mortgagee shat[ be added to and become a part of the principal amount of-the <br />indeMedness c+idencal by said note, subject to the same terms and conditions. If the mortgagor shs8 pay astd <br />discharge the indebtedness evidenced by said protnissorp note, and shall pay such sums and shall discharge all <br />razes -and lietes and the costs, fps, and expenses of making, enforcing, and executing this mortgage, Then- this <br />taortgage shall be cancelled and surrendered. <br />B. The covenants herein contained shad bind and the benefits and advantages shall inure to the respective suceeasors <br />and assigns of the parties hereto. Whenever used, the singular number shalt include the plural, the plural the <br />sfregetlar, and the use of any gender shall include all genders. <br />9. No waiver of any covenant herein or of the obligation secured hereby shalt at any time ttttteafttt be held to be a <br />waiver of the terms hereof or of the note secured hereby. <br />10. A judicial decor, order, or judgement holding any provision or portion of this instrument invalid or unenforce- <br />able shalt not fn any way impair or preclude the enforcement of the remaining provisions or portions of ehis <br />instrtutmtrt. <br />1 i. Any written notice to be issued to the mortgagor pursuant to the provisioos of this instrument shall be addressed <br />to the mortgagor at P. O. Box 1732, Grand Island, !tE 68802 <br />and any written notice to be issued to the mortgagee shall <br />be addressed to the mort¢agee at 424 W. Third St P O Box 2006 Grand Island, tiE 68802 <br />Irt wtTtv~ss WtteREOF, the mortgagor has executed this instrument and the mortgagee haz accepted delivery of <br />this ittstrutttrnt az of the day and year aforsaid. <br />j1 ~~ Flains Development: Company <br />... <br />Bernard E. Horst en <br />.Sy~ ';~''~ c~' .................. <br />Fra:~k'C. Frandsen <br />Executed and delivered in the presence of the following witnesses: <br />.................................................... <br />(Add Appropriate Aeknowtedgement) <br />STATE f3P NE8&ASICA ) ~' 13ef1~ ~ if~otary Publi/ persona~i}r appeared <br />COUNTY ()F +.~.~ ~ ~,o6.~C F~s.rlrY~ -? <br />ktmwn to me to be identical person or persons who signed the foregoing irtstrutnent and acknowledged the execution <br />thereof ut be - voluntary act and deed. <br />Witttess my hand aced Notarial Seat on ~ y , 19 ~. <br />n <br />j ~rg~tMif-NMlrwwn~aa j.~~~ ~~ <br />(SE~4 i 1~OF,lEAf~[ ____ ~!~ <br />t~Iipi;it~rta4nttr's4taas Notary Public ~---___ <br />NlY Com3rtissfan Fatpues f /- ~ r , 19 ~ ~ ~_ <br />STATE E?F Ni?BRASKA ~ Before me a Gualifted Notary Public. personally appeaced -_ __ <br />( ss. <br />cavrlTrr OF ) President of ____. _ _ __ ~'_..___~~_, <br />a +atian, known to ttte to be tht President atu! identical perm who signed the foregoing instrutnettt, and <br />ac~onule~ed t~ execution thereof to be his voluntary act eud deed as such ofCtcer and the vnluntary act and deed of <br />~atit>tt awl that is corporate u~ was affixed thereto by its authority. <br />Wittmss my hand aa1 Notarial Seal on _._~_~.. l9 _~_.~ <br />tAL) <br />Notary Publ~ <br />kgYCan~tpiras_.._...__~,...,-..~__..~,_..,.._.._,~, f9 <br />