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<br /> <br />3. 't'he mortgagor eavenanta and agrees that if he shall fait to pay said indebtedne~ oe any part thereof when <br />dote, qr shat) fail to perform any eaveaartt car agreement of this instrument or the promissory Hate assured hereby, the <br />entire indebtedness Hereby secured shall immediately berate due, payable, and collectible without notice, at the <br />uyttion of the mortgagee or assin~as, regardless of maturity, and rtes mortgagee or leis assigns may before of ;ter eTitry <br />!I aitid prapert}' withtout appraiseatent (the taoYgagvr is is.g Ra.v`d and as~gtted t2 the t'aortgsgee-all rights of <br />atspraisememt) <br />(E } at judicial sale pursuant to the pravtstaas of 28 L'.S.C. 20(fl (a) ; or <br />(tt) at she option of thx mortgagee, either by auction or by solicitation of sealed bide,'far the hlgheat and <br />best bid complying with %he terms of sale aacl maaasr 9f payment agecificd in the p=.tblished notice of sale, first <br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement not lase than ones <br />during. each of said four weeks in a newspaper gublished or distributed in the toasty in which said property <br />is aitaated, all ether notice `using hereby waited by the mortgagor (sad said mortgagee. ar say petac~ ~ <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said Bale shall be <br />held at ar on the property to lee eohd or ae the Federal, county, ar ci.T ~ur¢:.oaae for the xaaty z. which the <br />property is located. The mortgagee is hereby authorized eo exeeate for and as behalf of ihte mortgagor and to <br />deliver to the purchaser at such sale a euAicient conveyance of said progeny, which conveyance shall eoatain <br />recitals ss to the happening of the defaatt upon which the execution of the gotrer of sale berets granted <br />depends, sad the said mortgagor hrnby conatiaatea and appoints the mortgagee or any agent or attorney of the <br />ntot4gagee, the agent and attorney in fact of said mortgagor to make such rccitale and to e:eeute said <br />Eesaveyaatae and hereby covenants sad agrees that the recitals so made shall be efiectnal to bar all equity or <br />right of redemption, homestead, dower, and all other exemptiene of the mortgagor, all of which are hereby <br />expressly waived sad conveyed to the mortgagee; or <br />(ttt) take any other apprapriaie action pnrauaat eta state or Federal etatnte either is state or Federal <br />c0¢trt or otherwise far the disposition of the property. <br />hn the event of a sale as hereiaabove provided, the mortgagor or any person in gtessessioa under the tortgagor alxall <br />rhea become and be teaaats holding over and shall forthwith deliver possession to the purchaser at aue6 sale or rte <br />suatmarily dispasaessed, is accordance with the previsions of law applicable to tenants holding over.'l'lte power <br />and ageuey hereby granted are r~upled with an interest sad ass irt^evacabie by death or otherwise, and are ~raated <br />ae cumulative to the remedies for collection of said indebtedr==ass provided by law. <br />4>-.'The ttraseeda o£ eery sale of said property in aceozdaace with the pracediag paragraphs: ahahl be applied first <br />to pD19 eels Ct3aia sad Eap~r-3ea! of naiaa ear- ilic cY u7 - u: cd v •l,. _...v t~ ~lt~ - ..£ nmc_.~i ~r m3ia. <br />~ y~ :are - r ..,~ ,,.,..,gab parrt~ _. r. _ ..~, <br />taitiia~ eaid,propetty,-and reasonable attorneys' fees; secondly, tea pay the indebtedness aeeared hereby; and thirdly, <br />to pay eery sorplae_tiz:esa_to %he person or persons legally entitled thereto. <br />5. Yet the event said property is sold at a judicial foreclosure sale or parsuaat to the power of sob: hereittabove <br />granted, and the peoeeeds are not snt5eieat to pay the total iadebtedaeas aecared by this iasirtttaeai and evidenced by <br />said promissory ante, tree mortgagee will be entitled to x dea~~+.y jad$;.,~..€ for the a~=.o~i of €tte de~.~ ~.~ <br />reg~i to apjr~iserms$u. <br />b. In the event the mortgagor fails to pay say Federal, state, or local tax assessment, iacame tax or other tax lien, <br />:barge, fee, or ether expense charged against the property, the mortgagee is hereby aat}aorixed at his option to pay <br />the same. Any same so paid by the mortgagex shall be added to sad become a part of the priac'tpal amount of the <br />iad€btedrtess evidenced by said Hatt, snlmjeet to the same :arms and candtuoue. if the mortgagor shall paq sad <br />discharge the indebtedness evidenced by said promissory ante, and shall pay sack sums and shall discharge aIt taxes <br />sad liens and rho costa, fees, sad expenses of making, enforcing, sad executing this mortgage, then this mortgage <br />?l l~ _~~1 end a~rresderrd. <br />7. `t'~tte eavenaata herein eoataia.°d shall bind and the beaefite and advantages mall imttre to the respective ~ <br />ce~ora a.-td a~igtts of she parties hereto. Whantver used. the singular number shall include the plash, the plush the <br />~agular, and the ume td' say grader shall include all grad era. <br />fi. No waiver of any arrvatant herein or of the obligation secured hereby shall at any time thrnafter be held <br />Eo lee a walker of tl~ terms beaaof or of the note eecared hereby. <br />4. let spliaaca with section 2Qt.t (dl of the Rules sad Regatations of the Small Bwiaeas Adatreiaratioa [13 <br />GF.R. tOt.I(d't j. this iasRruatcxit is t,a be ewtetrtted sad eaforcrd in accordanoe with applicable Federal taw. <br />t~. A j"eial il~rek; ~3ro'et; tie jitdganeui hohdiug any p~roviaitin or poation of this inetrament invalid ar-tic- <br />enfsreea~e Mall teat is say way ittipair or preclude the eaforcetaent of the remaining prarieions ar portions of <br />Elba intitrameat. - - <br />- - - - - GPO 9,e•at6 <br />- _;_-_ <br />a$k revm 94t- t4-ra) <br />