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<br />3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when <br />due, or shall fail to perform any covenant or agreement of this instrument ur the promissory note seenrerl heretic, the <br />entire indebtednr s hereby secured shall immediately become due, payable, and collectible a.ithout notice, al the <br />Dolton of the mortgagee or assigns, regardless of maturih•. and the mortgagee or his as~i~n-mac hefom or after eery: <br />sell said property without appraiaement Ithe mortgagor having waived and assittrerd to the mortgagee all rights of <br />appraiaement) <br />t 1 at judicial sale pursuant to the provisions o[ 28 L'.~.C. 2(1111 + a I ; ur <br />(tt 1 at the option of the mortgagee, either by auction or b3 solicitation oC sealed bide, for the highest sad <br />best bid complying with the terms of safe and manner of payment specified in the published notice of sale, first <br />giving four WeekR notice of the time, tone.. and p]aee of such sale, h. adaerii>ement :rot Its. than once <br />during each of said four weeks in a newspaper published or distributed in the county in which said property <br />zE 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 be said sorer. 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 ie hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such Bale 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 said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the <br />ffiortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute said <br />cos;veyanm 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 nil other exemptions of the mortgagor, all of which err hereha <br />expressly waived and rnnveyed to the mortgatee; or <br />tut! take say other appropriate action pursuant to state or Federal statute either in state ur Federal <br />court or otherwise for the disposition of the property. <br />Ice the event of a sale as hereinbefore provided, the mortgagor or any persons in possession under the mort- <br />gagor shall then become and be tenants holding oaer and shall forthwith deliver poaveuion to the purchaser at <br />such task or be summarily dispoa.esaed, in accordance with the provisions of IaN applicable to tenants holriing oaer. <br />Tht power and agency hereby granted are coupled with an interest anti are irreaucabie by death or uthrrwise, and <br />are granted as cumulative to the remedies for collection of said indebtedness pros ided be law. <br />4. The proceeds of ury sak of acid property is accordance with the preceding paragraphs shall be applied first <br />to pay the costs and e:peasea of said yak, the expenses inen: red by the mortgagee for the purpose of protecting or main- <br />taining said prapertc, and reaaaaable attorneys' fees; secondly, to pas the indrhtedne~ _=:cured hrreha ;and thirdly, <br />to pry any surplus or eieeas to the person or persona legally entitled thereto. <br />~. fn the event said property is said at a judicial foreeloaare sale or pursuant to the power of sale hereinabove <br />granted, and the proceeds are net sul5cien*_ to pas the total indebtedness sect::rd by this iaatraalent and evidett€ed by <br />said proapiasory note, the mortgagee still be entitled to a deScieacy judgment for the amount of the defu~ienry trrithotu <br />rrgaFd to sA~. <br />6. In tht event the morigagor fails to pay- ana Federal, state, ur ]Deal ta• axesameut, incon+r tax or other ta. <br />lie:a., sharer, ffte or otbtr expense charged aftaiast the property the mortgagee i. hrreha authorised at hie option w <br />pay the s:me_ Aav earns ao paid by the nrartgagee aha1I be added to sad become a hart of the tarincipat amount of tha- <br />iradebtedneas e~•ideneed by said note, sabject to the same terms and conditiaas- if the mortgagor shall pay and <br />diateharge the indkbtedness evidenced by said promissory note, and shalt pay sLCh sums and shall discharge all <br />tam sad lieaa sad the eaalx, tees, and ezpeaxs of making, enfoninlt, and executing this mortgage, then this mortgage <br />•ball be e~eeled sad aprnmdered, <br />'+- The covepapir Lereia spat:iatd shall hind sad the berreSta and adaautagea shall inure to ehr rr~lwctirr ~uc- <br />eeee~a and aasigaa sat the parties hereto. ewer need, the singufar anmber shall include the plural, the plural the <br />arced the t»!; ed sag geaadsr shall =nelnsle all genders. <br />& lvo waiv« of spy eoveaapt herein or of the obligation secured hereby shall at an. time therraftrr br held <br />~ be x waiver of the terms 6ereot or of tine torte assayed hereb}- <br />9. A >~v dsasae, order, sm judgment bolding say provision or portion of this iwtrument inaalid ur wr~n- <br />fm+eeaihic shall rant ~ ~~ way istpaiz err preclude the esforteraetrt of tilt rrmaiaing, Israviriora or 1>ortiotta o! this <br />IQ 1l~y trrittae ,tottlex to lPe isa~ to the axutgagor putt+naat w the prnvtaicna of thir ia~rramdtt sharp be ad- <br />dseaasi tp tdar moregaypar u <br />.ad say wr;ttea atotise to be isaaed to the tmertgaRee shall <br />ire add:aoed to the etortgttgee at <br />eau aa..z.. <br />S®A FORM 42a t2-731 <br />