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85-001322 3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when dte$ or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry sell said property without appraisement I the mortgagor having waived and assigned to the mortgagee all rights of appraisement) (t) at judicial sale pursuant to the provisions of 28 U.S.C. 2MI i a i : or (it) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and best bid complying with the terms of sale and manner of payment specified in the published notice of sale, first giving four weeks notice of the time, terms, and place of such sale, by advertisement not less than "lice during each of said four weeks in a newspaper published or distributed in the county in which said property is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall be held at or on the property to be sold or at the Federal, county, or city courthouse for the county in which the property is located. The mortgagee is hereby authorised to execute for and on behalf of the mortgagor and to deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain reei" as to the happening of the default upon which the execution of the power of sale herein granted depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the Mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or right of redemption, homestead, dower, and all other exemptions of the mortgagor. all of which are herehy expressly waived and conveyed to the mortgagee. or On take any other appropriate action pursuant to state or Federal statute either in �tatr or Federal court or otherwise for the disposition of the property. In the event of a sale as hereinbefore provided, the mortgagor or any persons in possession under the mort- gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser At such sale or be summarily dispossessed, in accordance with the provisions of Is% applicable to tenants holding over. The power and agency hereby granted are coupled with an interest and are irrevocable by death or othrrwise, and are granted as cumulative to the remedies for collection of said indebtedness provided by law. 4. The proceede of any sale of said property in accordance with the preceding paragraphs shall be applied first to pay the coats and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main. tai Ling said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereb% : and thirdly. to pay any aurplus or excess to the person or persons legally entitled thereto. S. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sae hereinabove granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by said promissory note. the mortgagee will he entitled to a deficiency judgment for the amount of the deficiency without . 6. In the event the mortgagor fails to pay any Federal, state, or local tax a meta, income tax or other tax lies, charge, fee, or other expense charged against the property the mortgagee is hereby authorized at his option to pay the saaae. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the indebtedness evidenced by said note. subject to the same terms and conditions. if the mortgagor tall pay and discharge the indlebteduess evidenced by said promissory note, and shall pay such sums and shall discharge all taxes and New and ?be costs. fees. and expenses of making, enforcing. and executing this mortgage. then this mortgage -hall he casseded and surrendered. 7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective suc- and assigns of the patties hereto. Whenever used, the singular number shall include the plural. the plural the shMplar. and the we of any gender *ball include all genders. 8. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter he held to be a waiver of the terms hereof or of the note secured hereby. Past 9. A JuAlicial doores, order. or judgment holding any provision or portion of this instrument itwalid or 41114.11• f l not in any way impair or preclude the enforcement of the remaining provisions or portions of this ' i j 10. Any writtlen noties to be issued to the mortgagor pursuant to the provisicne of this instrument shall be ads d �tiM at'f(Yt+ Pi. � {nw;trri, :.ui "�,• It7s3� ry yroi ?r,Irr� -i, �7F and any written notice to be Issued to the mortgage shall be #44rossed to the mortgagee so 'tae ro"M 9!a Ig.T9j