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79- ~>>r320fi <br />3. The mortgagor eovenante aad Agrees that if he shall fail to pay said indebtedness or any part thereof when <br />dne, or shall fait to perform any covenant or agreement of this instrument ar the promissory note secured hereby, the <br />satire 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 martgagee all rights of <br />appraisement) <br />(t) at judicial sale pursuant to the provisions of 28 U.S.C.20b1(a): or <br />(tt} at the option of the mortgagee, either :.y auction or by eolicitatiott of sealed bide; for the highest and <br />host bid complying with the terms of sale and manger of payment specified is the published notice of sale, brat <br />giving four weeks' notice of the time, terms, and place of such Bale, by advertisement not lees than otter <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 nodes being hereby :valved 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 Bold or at the Federal, rnunty, or city courthouse far the county in which the <br />groperty is located. The mortgagce is hereby authorised to execute for and oa behalf of the mortgagor aad to <br />deliver to the purchaser at such sale a wf&ient conveyance of said property, which conveyance shall contain <br />reeitaL as to the happeaiog of the default upon which the exception of the power of sale herein granted <br />depmda; and the said mortgagor 6erreby conetitutea and appbinta the mortgagee or any agent or attorney of the <br />tortgagee, the agent aad attorcey in fact o[ said mortgagor to make such recitals and to ezeente said <br />emveyance aad hereby wvetraata aad agrees that the recitals so made shall be effectual to bar all equity or <br />right of redemption, hotneatead, dower, and all ocher exemptions of the mortgagor, all of which are hereby <br />expremty waived and conveyed to the mortgagee; or <br />(ttt) take any other appropriate action par7nant to sate 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 ender the mortgagor strati <br />then become and be tenants holding over and shall forthwith deliver possemion to the pnrchaeer at ouch sale or be <br />snmaaarily dispoeeessed, in accordance with the provisions of law applicable to tenants holding over. The power <br />and ageaey hereby granted are coupled with an interest and are irrevocable by death or othenrue,`and are granted <br />a eamalative to the remedies for collection of acid indebtedness provided by law. <br />•. The prnoceda of sap ask of said property in accordance with the P~~g Paragraphs shall be applied first <br />ti pay the cows and ezpetnea of said ask, the expenaey incurred by the mortgagce for the pnrpoae of protecting or ~tain- <br />taiaiag aatd property, and reasonable attoroeys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or eacees to the person or persona legally entitled thereto. <br />S. Ta the ev:>tt said property a sold :t a judicial foteelasurc sale or ptrrsnant to the power of sale hereiaaltove <br />granted, aad the proeceda are trot attieient to pay the total indebtedtteaa seeared by this irutrttmeftt aad evidenced by <br />acid pamiasory note, the arottgagee xill be entitled to + deficieoey judgtaent for the aetotmt of the deficiency taitAort <br />~~~ <br />5. In the event the mortgagor fails to pay env Federal, state, ar local tax aaseasetent, income tax or other to:Ilea, <br />charge, fee, or other ezperae durged against the property, the mortgagee is hereby anthorised at his option to pay <br />the same. Any amps so paid by the mortgagee shall be added to and become a part of the priaeipa! amount of the <br />iadebtedneaa evidenced by said note, subject to the same trrtns and conditions. II the mortgagor shall pay aad <br />discharge [he indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all fazes <br />and liana and the costa, fees, and e:penxa o[ making, enforcing, and eaecuiing this mortgage, then this mortgage <br />strati be ea~eied attd surnndered. <br />7. The covenants herein eoatained shall bind aad the benefits and advantages shall leers to the respective sae <br />eeaaoei aad aatigoa of the parties hereto. f/hmever rued, the aingnlar nombcr shalt include the pbrral, the plural the <br />iagalar, and the me of any gender shall ittelade aII gmdea <br />R Alo waiver of any eovmaat betels or of the obligation aecnred hereby shall :t say time thereafter be held <br />to tae a waivtt of the terms hereof or of the note seeared hereby. <br />9. fa abepllaace with aeexiaa 1©1.1(d} of the Rnla aad Regnlatiaru of fire Small Bwiner Adnsittiatratioa [33 <br />C.F.R 20I.1(d} j, this iaatrraaent i. to be eoowrned aad entoreed in accordance with spplieabk Federal law. <br />ltl. A jedirls= deem, order, or jttdgtneat holding say pt»vissna or portion of this imtrutneat invalid or tto- <br />aha$ ~ ~ say fray impair or preehrde the eafotroement of the retnaioing provisions or portions of <br />~atraaamt. <br />_ - GP09,6 V,0 <br />fit 7w aa! ta-rst <br />