Laserfiche WebLink
~~---~it~0~~°=~ <br />3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when <br />dole, or shalt fail to perform any covenant or agreement of this instrument 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 the mortgagee or his assigns may before or after entry <br />sell said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rights of <br />appraistmeat) <br />(t) at judicial sale pureuant to the provisions of 28 U.S.C. 2001(a) ; or <br />(n) at the option of the mortgagee, either by auction or by solicitation of sealed bide,'for the highest and <br />best bid complying with the terms of Bale and matmer of payment specified in the published notice of uh', 6nt <br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement not lees-than-once <br />during each of said four weeks in a newspaper published or distributed in the county in which said property <br />is sitnated, 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 oa the property to be sold or at the Federal, county, or city conrthouse for the county in which-the <br />property u located. The mortgagee is hereby authorised to execute for and on behaU of the mortgagor and to <br />deliver to the purchaser at such sale a eufiicient conveyance of said property, which ronveyanee shall contain <br />reel happening default upon which the execution of the power of sale herein granted <br />de s e cud rm reby constitutes and appbinte the mortgagee or any agc;nt or attorney of the <br />mo tlie' atalti3 y in fact of said mortgagor to make such recitab and to ezearte said <br />conveyance and hereby covenants and agrees that the recitals so made shall be eficetual to bar all equity or <br />right of redemption, homestead, dower, and ail other exemptions of the mortgagor, all of which are hereby <br />ezpressly waived and conveyed to the mortgagee; or <br />(nt) take any other appropriate action pureuant to state or Federal statute either in state or Federal <br />court or otherwise for the disposition of the property. <br />In the event of a sale as hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver possession to the purchaser ai such sale or be <br />summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted <br />ae cumulative to the remedies for collection of said indebtedness provided by law. <br />4. The proceeds of any Bale of said property in accordance with the preceding paragraphs shall be applied Lint <br />to pay the costa and ezpenees of said sale, the ezpeneee incurred by the mortgagee for the purpose of protecting or main- <br />taining said property, and reasonable attorneys' fees: secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or excess to the person or persona legally entitled thereto. <br />S. In the event said property ie sold at a judicial for«losurc sale or pursuant to the power of Bale henioabore <br />granted, and the proceeds are not ett6eient to pay the tout indebtedness secured by this instrument and evidenced by <br />aid promissory note, the mortgagee will be r=retitled to n deficiency judgment for the amount of the deficiency without <br />rem to sppveisentent. <br />6. In the event the mortgagor fails to pap any Federal, state, or local tax aseesamen4 income tax or other tax lien, <br />charge, tee, or o4`ter expense charged against the property, the mortgagee is hereby authorised at hie option to pay <br />the earns. Any sums so paid by the mortgagce shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, subject to the same terms and conditions. It the mortgagor shall pay and <br />discharge the indebtedness evidenced by said prontisaory note, and shall pay such sums and shall discharge all taxes <br />and liens and rho coats, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />ehaA be cantxled and eurrcndcred. <br />?. The covenants herein contained shall hind and the benefits and advantages shalt inure to the respective sun <br />ceron a-d aasigres of the parties hereto. Wltenevu used, the singular number shall include the pIaral, the plural the <br />singuhtr, and the the of say gender shall include all geadera. <br />8. No waver of any epvereant herein w of the obligation secured hereby shall at any time thereafter be held <br />ro be a waiver of the terms hereof or of the note eeettred hereby. <br />9, In cawplianrc with section 101.1 f d) of the Ruha and Regulationr of the Small Bnainas Administration [13 <br />C.F.R, 101.1 fd) }, thin instrttmeni is to be awtetrued and enforced in accordance with applicabk Federal law. <br />I0; A judutial decree, ardu, or judgtent haldietg any provision or portion of this instrument invalid or un- <br />~tfie-shall-ttW, in any way impair or prcctude the enforcement of the remaining provisions or portions of <br />t6iu ~6 <br /> <br />