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85. 060993
<br />3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when
<br />dos, or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the
<br />Mire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the
<br />optic of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry
<br />sell said property without appraieement I the mortgagor having waived and assigned to the mortgagee all rights of
<br />a t) :
<br />(l) at judicial sale pursuant to the provisions of 28 U.S.C. 2101 1 a), or
<br />(et) at the option of the mortgagee, either by auction or by solicitation of sealed bi4 for the highest and
<br />best bid complying with the terms of ale and manner of payment specified in the published notice of ale, first
<br />giving four weeks' notice of the time, terms, and place of such lisle, by advertisement not less than once
<br />during each of said four weeks in a newspaper published or distributed in the county in which said property
<br />in 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 or at the Federal, county, or city courthouse for the county in which the
<br />property is located. The mortgagee is hereby authorised to execute 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 constitutes and appoints the mortgagee or any agent or attorney of the
<br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute said
<br />conveyauce and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or
<br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby
<br />expressly waived and conveyed to the mortgagee: or
<br />(111) take any other appropriate action pursuant to state or Federal statute either in slate or Federal
<br />court or otherwise for the disposition of the property.
<br />L the event of a sale as hereinbefore provided. the mortgagor or any persons in possession under the mort-
<br />gagor shall then become and he tenants holding over and shall forthwith deliver possession to the purchaser at
<br />such 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 coupled with an interest and are irrevocable by death or otherwise, and
<br />ace granted as cumulative to the remedies for collection of said indebtedness provided by law.
<br />4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first
<br />to pay the tests and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main-
<br />taining said property, and reasonable attorneys fees; secondly, to pay the indebtedness aecured hereby. and thirdly,
<br />to par say surplus or ea sm. to the person or persons legally entitled thereto.
<br />S. U the event said property is sold at a judicial foreclosure sale or pursuant to the power of ale hereinabove
<br />grsnNd, 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 for the amount of the deficiency without
<br />regard to @pprowasserst.
<br />6. in the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax
<br />14 charg% fee, or other expense charged against the property the mortgagee is hereby authoriaed at his option to
<br />pay the as=& Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the
<br />imlebledma evidenced by said note. subject to the same terms and conditions If the mortgagor shall pay and
<br />discharge the indebtad ens evidenced by said promissory note, and shall pay such sums and shall discharge all
<br />tam and >iesis and the costa, fees, and expenses of malting, enforcing, and executing this mortgage. then this mortgage
<br />-INN its and wrwadetred.
<br />7. 1U covenalts herein contained shall bind and the benefits and advantages shell inure to the rest,eetive our-
<br />emessin assigns of the pasties hereto. Whenever us4 the singular number shall include the plural, the plural the
<br />. and the an of any gender shall iochtde all gsteders.
<br />8. Me waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held
<br />to be a waiver of the terns hereof or of the note secured hereby.
<br />9. A judicial dellmo, order, or judgment holding any provision or portion of this instrument invalid or 1111011.
<br />f shall not in any way impair or preclude the enforcement of the remaining provisions or portions of this
<br />i
<br />M. Amy written to be issued to the mortgagor pursuant to the provisicis of this instrument shall he ad•
<br />drlaMdieldw at '401.A N. Howrtrd, `7uito• WH, ( :r ind "A:
<br />and any written noUee to be issued to the mortgagee shall
<br />he addressed to at mt.' Ii. 1'r• 'r.fw" i 1, 'J!. o) 1
<br />a.'o JP. A.. f
<br />taw R1. >wm VIVO 1I.e11
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