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<br />,~ <br />~;t~)~34.92 <br />3. The mortgagor covenants and agrees that if he ehaflfail to pay said indebtedness or any part thereof-when <br />dire, or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />entire indebtednes hereby secured shall immediately becomt due, payable, and collectible without notice, at the <br />option of the mortgagee or asaignb, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />sell--said property without appraisement ithe mortgagor having waived and assigned to the nmctgagee afl rights of <br />apgrafsemtnt) <br />+t} at judicial sale pursuant to the proviainna of 18 li.!i.l.. 2Q01 +a); ur <br />(u) at the option of the mortgagee, wither by auction or by solicitation of eceled bids, for the highest and <br />beet bid complying with the terms of safe and manner of payment specified in the published notice of tale, Errol <br />giving four weeks' notice of the time, terms, and place of such sale, by :ulverti~rment not less titan once <br />during each of said four weeks is a newspaper published or distributed in the county in which said property <br />is 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 tht Federal, county, or city courthouse for the. county in which the <br />property is located. The mortgagee is hereby authorized to execute for and on behalf o6 the mortgagor aad to <br />deliver to the purchaser at ouch sale a aufficiem conveyance of said property, which conveyance shall conta7a <br />recitala as to the happening of the default upon which the execution of the power of sale herein granted <br />depends; aad the said mortgagor hereby conatitutea and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make ouch recitals and to execute said <br />conveyance and hereby rnvensnts and agrees that the recitals eo roads shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which :+re hereby <br />expressly waived and convrsed to the mortgagee: or <br />Uul take any other appropriate artiou pursuaot to etatu or 1'edrral ~tatutr either in ~tah• ur 1''rdrral <br />court or otherwise !or the disposition of the properh. <br />fn the event of a sale ea hereinbe(ore provided, the mortgagor or eny persona in possession tinder the moth <br />gagor shall then become and be tenaate holding over and sha^ forthwith deliver possession to the purchaser at <br />such sale or 6e summarily dispossessed, in accordance with the provisions of law applicable to tenants holdinK over. <br />The power and agency hereby granted are coupled with an interest and are irrevucabie by death ur utherwi±r, and <br />art granted as cumulative to the remedies for collection of said indebtedness provided be law. <br />3. Tha proceeds of any Bale of said property in accordance with the prereding paragraphs shall 6e applied first <br />to pay the coats and a:penis of said oak. the expenets incurred by the mortgagee for the purpose of protecting ormain- <br />tainiag said property, and reaeouable attorneys' fees; secondly, to pay the indebtedness ;scored hereby ;and thirdly, <br />to pay any aurpitte or excess to rite peevon ur persons legally entitled thereto. <br />~. Ia the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove <br />granted, and rite protude art not euffie3ent to pay the total indebtedness secured by this instrument and evidenced by <br />said promissory note, the mortgrgu will be entitled to a deficiency judgment for the amount of the deficiency urithout <br />resand to apprtsisemmt. <br />6. In the event the mortgagor fails to pay any Federal, state, ur local tax asaeaemeut, income tax or udter tax <br />lien, charge, fee, or other expense charged against rite property the mortgagee is hereby authorized at his option to <br />pay the same. Any ettme eo paid by the mortgagee shall be added to and become a part of the principal amunnt of the <br />indebtednats evidtaexd by said note, subject to the same terate and conditions. If the mortgagor shall pay and <br />discharge the indebtedness evidenced by said promiswry note, and shall pay such soma aad shall discharge all <br />tazaa aad liens aad the costa, fun, and a:penaea of making, enforcing, and executing this mortgage, then this mortgage <br />•haU be eaaeelad aad atrrrandered. <br />?. The coyesanis herein-contained shall bind and the benefits and advantages shall inure to the rreprctivr snc- <br />cessots aad:aasigha.of-the parties hereto- Wbeatvez used, the singular number shall include the plural, the plural the <br />siat;alar, aad-_the t>.e- of any gemaler shall inrlnde aN. gmdero. <br />fi 1Vo waiver o£ any covenant herein or of the obligation secured hereby shall at env time therraftrr Lee hehi <br />to be a waiver err the terms hereof or of iha Dote secured hereby. <br />9. A jndseL! decree, order, or judgment balding aaty provision ur portion of t7ti. instrument invalid ur uucn• <br />foreeabk, shall nW fa any way impair or prerclude the tnforcemant of the remaining provisions or portions of this <br />%woramseaf. <br />3r1. Asti +rrlttea aoUtae ter 6sfwoed to-the mortgagor pursoant to the provisie:aa of this instrument shall be ad- <br />-dl)~M~~ia~tlM~~N - 7.'11.5 ~ovelt Custa~, G,r~nd y5iansl. t~tE GEd~1 <br />aad say wrlttem twt:es to be issued to the n.orr{taga+ shall <br />~ aid ie tLar~ at ;147,'i At, iir=3cxci~re i. .E, i~, , . .`~h , `k;%, _ir.. net .. cam's, -,> [st> - ,,. <br />Yt1.k dpY,y #71~ 02.5#t <br />