Laserfiche WebLink
<br />3. 7'he mortgagor covenants and agrees that if he. shalt [foil to pay said indebtedness or any part thereof when <br />due, or shall fat! to perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />entire indebtedness hereby secured shalt immediately 'aecome due, payable, and collectible without native, 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 aasigned to the mortgagee all rights of <br />appraisement) <br />(t) at judicial Bale pursuant to the provisions of 28 U.S.C. 2001 (a) : or <br />(tt) at the option of the mortgagee, either by auction or by eoL+citation of sealed bide,'for the highest and <br />beat bid complying with the terms of sale and meaner of payment specified in the published notice of Bale, first <br />giving lour weeks' notice of the time, terms, and place of such sale, by advertisement not lees than once <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 the mortgagor (and said mortgagee, or any person on <br />befiali of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale tdtall be <br />held at or oa the property to be void or at the Federal, county, or city courthouse for the cauaty in which the <br />property ie located. The mortgagee is hereby authorized to ezecute for and on behalf of the mortgagor sad to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall coataut <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 conetitutea and appbinta the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to ezecute said <br />oonveyaace sad hereby coveaanta and agrees that the recitals so made shall be effectual to bar alt equity or <br />right of redemption, homestead,. dower, and all other exemptions of the mortgagor, all of which arc hereby <br />expressly waived and conveyed to the mortgagee; or <br />(tn) take any other appropriate action pureuatti to elate 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 posaeaeion under the mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver poeaeseion to the purchaser at such axle or be <br />summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are grattted <br />as cumulative to the remedies for collection of said indebtedness provided by law. <br />4. The proceeds of ate! sale of acid property~in aceordance with the preceding paragraphs shall 6e applied fiztt <br />to pay the erases and e:peaea of said Bale, the ezpanaee incurred by the mortgage for the purpose of protecting or main• <br />taiaiag said property, and re~~nable attorneys'-fees; secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or excess to the person or persons legally entitled thereto. <br />5. In the event said property is Bold at a judicial foreclosure sale or pursuant to the power of sale herei$ahove <br />granted, and the proceeds are not su~cient to pay the total indebtedness secured by this instrument and evidencril by <br />said promissory cote, the mortgagee will be entitled to ~ deficiency judgment for the amount of the defuic.tey asitkort <br />re~atd t0 appraisentent. <br />6. In the event the mertpags fair to pay any Federal, state, or local !ax aaseasmcat, income tax or other tax lien, <br />charge, fee, or other expense charged against the property, the mortgagee is hereby authorized at hit option ern pay <br />the same. Any soma so paid by the mortgagee shall be added to and become a pan of the principal amount of the <br />indebtedness evidenml by said note, subject to the same terms and conditions. If the mortgagor shall pay sad <br />discharge the indebtedness evidenced by said protniaeory note, and shall pay such soma and shall discharge ail taxes <br />sad liens and the coats, tees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be canceled and surrendered. <br />7. The covenants herein contained shalt bind and the benefits and advantages shall inure to the tYSpeetive ant <br />eerwn and assigns of the parties hereto. Whenever used, the singular number shall inchtde she phtral. 31x plural tlm <br />siagatar, and the tree of say header shall include all genders. <br />$. No waiver oI any covenant herein or of the obligation secured hereby shall at say ume thereafeet be bald <br />to be a waiver of rho terms heretiCor of the ante secured herahy. <br />9. In e~mpliaaee with eectioa 101.1(d) of the Rules sad Regulations of the Small Business tldatiaistratioa (IS <br />C.F.R. 101.I(d)j. this iaattvmeat is to be construed and caforced in accordance with applicable Federal law. <br />10. A jndfeial decree, order, or judgment holding any provision or portion of this instrument invalid or ua- <br />eetorceable Mall eat is any Wray impair or preclude the enforcement of the remaining praviriaaa or portions of <br />thu instrument. <br />aoo o~avra <br />sa,- r.... var ts-rar <br />