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84000306
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Last modified
7/22/2009 3:38:44 PM
Creation date
7/22/2009 3:37:05 PM
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DEEDS
Inst Number
84000306
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<br /> <br /> <br /> TMIR <br /> w1"fa,~.• .+.,A'.r''a ~r' :::Rlk° ',.'~.~:=w NrtV~iniwhai"'«'ta4~~1~t'~arlfil~~o <br /> <br /> <br /> 3. The mortgagor covetzatas anti agrees that if he shall fail to pry sail indebtedness or any part thereof when <br /> due, or sh0I fail to prrform any covenant or agreement of this instrument of the promissory note secured hereby. the <br /> entire indebtedness hereby secured sihall immediately become due. paval4f, and collectible without notice. at the <br /> option of the mortgagee or amigns, regardlem of maturity, and the mortgagee or his assi+prs ntay before or after entr% <br /> sett said property without appraisement tthe mortgagor having waived Oral 806ign041 to the mortgagee all rights of <br /> i,plira isement) <br /> (1) at judicial sale Pursuant to lire provisions of 28 U.S.C. 2001 t a) ; or <br /> <br /> (ti) at the option of the mortgagee, either by auction or by solicitation of sealyd bid& for the highest and ' <br /> best bid complying with the terns of sale anti manner of payment specified in the published notice of sale. first <br /> giving four w'ee.kit notice of the time, terni% and place of >AUell sale, h% aslsr•rtinrment stot le- than utscr <br /> during each of said four weeks in a newspaper published or distributed in the county in which said property <br /> is situated, all other notice being hereby waived by thre mortgaN;ar land said mortgagee. or soy person on <br /> behalf of fluid 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 authorized to execute for ant. 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 sl=id mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the <br /> mortgagee. the sgrnt and attorney in fact of said mortgagor to make such recitals and to execute said <br /> conveyance 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 ars- tterrh% <br /> expressly waived and conveyed to the mortgagee: or <br /> nt t take any other appropriate action purrnant to t%tatt ter f•rtlrral wtatutr eitlier it% rt.tt.- ur Ft ~~rral <br /> court or otherwise for the disposition of the property. <br /> <br /> In the event of a sale as hereinbefore provided. the mortgagor or ■ny persons :n possession under the mort- <br /> gagor shall then become and be tenants holtling over and shall forthwith deliver paFreaaitnt to tile, purrha-wr at <br /> such sale or be sumrnaril'v dispossessed. in accordance with the provisions of law applicable to Icnano, holding o.rr• <br /> The power and agenry hereby granted are coupled with an interest awl are irre,-wable b. drath or ttthrrui.r.,.tld <br /> are granted as cumulative to the remedies for collection of said indebtedness provided b% law. <br /> <br /> 4. The proceeds of any sale of said property in accordance. with the preceding paragraphs shall be applied first <br /> to pay the coats 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 rite intlebtednrss secured herrhN. . arld tltirro'16' <br /> to pay any surplus or excess to the person or persons legally entitled thereto. <br /> . S. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove <br /> granted, and the procecJs 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 appraisetnenr. <br /> <br /> <br /> 6. In the event the mortgagor fails to pay any federal. state, or local tax sowwwment, income tax or other Lv% <br /> lien, charge, fee or other expense charged against the property the mortgagee is hereby authorised at his option to <br /> pay the same. Any surns so paid by the mortgagee shall be added to and become a part of the principal amootit of tire <br /> indebtedness evidenced by oaid note, subject to the same terms and conditions- If the mortgagor shall pay and <br /> discharge the indebtedness evidenced by said promissory note, and st=all pay such sums and shall discharge all <br /> taxes and liens and the costs, fees, and expenses of makin& eniorcing, and executing this mortgage, then this mortgage <br /> rha.ll be canceled and surrendered. <br /> 7. The covenants herein contained shall bind and the benefits and advantages shall inure to the rTRprctivr Moo. <br /> censors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the <br /> aiagular, and the use of any gender shall include all genders: <br /> 8 No waiver of any covenant herein or of the obligation secured hereby shall at an% tiny therrwfier i nrld <br /> to be a waiver of the ternrs hereof or of the note secured hereby. <br /> <br /> 9. A judicial decree, order. or judgment holding any provision or portion of this instrument invalid ur unt•n- <br /> forceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of this <br /> instrument- <br /> <br /> 10. Any written noCce to be issued to the mortgagor pursuant to the provisicna of this instrument shall be ad- <br /> dressed tothrmaongaAorat Highway 30, Alda, NF 66810 ;ca0 Do d's st.+-ar, <br /> and any written notice to be issued to the mortgagee shall <br /> 50- . 2 <br /> be addressed to the mortgagee at p.o. s(- <br />
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