79-- "..~"~.
<br />3. The mortgagor covenants and agrees Rhat `tf he shall fail to pay said indebtedness or any part thereat when
<br />due, or shall fail to perform any covenant os agreement of this instrument or the promissory note secured hereby, the
<br />entire indebtedness hereby secured shall immediately become dve, payable, and collectible without not.ee, 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 mortgagee all rights of
<br />appraisement)
<br />(t? at judicial sale pursuant to the provisions of 28 U_S.C. 2W1(a) ; or
<br />(n) at the option of the mortgagee, either by auction or by solicitation of sealed bids,`for the highest and
<br />best bid complying with the tarnte of sale and manner of payment specified in the published notice o[ sale, fist
<br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement not less 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 oa
<br />behalf of acid mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall 6e
<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 and on behalf of the mortgagor and to
<br />deliver to the purchaser at ouch Bale a sufficient conveyance of said property, which conveyance shall coataia
<br />recitals aB to cite happening of the default upon which the execution of the power of Bale herein granted
<br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or say agent or attorney of the
<br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute slid
<br />conveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar all equity or
<br />right of redemption, homestead, dower, end al! other exemptions of the mortgagor, all of which are herelzv
<br />expressly waived and conveyed to the mortgagee; or
<br />(nt) take any other appropriate action purouant to state or Federal statute either in state or Federal
<br />court or othereviee for the disposition of the property.
<br />In the event of a sale ae hereinabove provided, she mortgagor or any person in possession under the mortgagor shall
<br />then become and b+e tenants holding over and shall forthwith deliver posaeasion to the purchaser at such sale 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, sad are granted
<br />ae cumulative to the rernedaes for ca>llection of said indebtedness provided by law.
<br />4. The proceeds of any sate of acid property in accordance with the preceding paragraphs shall be applied fist
<br />to pay the coats and c:pewee of said ask, the expenses incurred by the mortgagee for the purpose o[ protecting or main•
<br />taining said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly,
<br />to pay say surplus or excess to the person or persona legally entitled thereto.
<br />5. In the event said property is aald at a judicial foreclosure sate or purattaat to the power of ask het~einabove
<br />granted, and the proceeds are not suilicient to pay the total indebtedness secured by this imtrutaent and evi.leeeod by
<br />said prorpisaory Hate, the mortgagee wilt be entitled to a deficiency judgtent for the amount of the deJieieney toitAoats
<br />reC to appt~siremetet.
<br />6. In the event the mortgagor facie to pay any Federal, state, ar loeai tax asaesameat, income tax ar other tax lien.
<br />charge, fee, or other expense charged against the property, the mortgagee is hereby authorised at his option W pay
<br />the same. Any sumo eo paid by the mortgagee shall be added to and become a part of the principal amount of the
<br />indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and
<br />discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shalt diaeharge all lazes
<br />sad liens and the cwta, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage
<br />shall bo canctled and eurrendtred.
<br />?. The covenants herein contained shall bind and thr benefits and advantatta shall iaure to the respective atte•
<br />cesson sad assigns of the parties hereto. Whenever used, the eiagular number shall include the plural, the plural the
<br />singular, sad the. else of say gender shall include all genders.
<br />A. No waiver of env covenant herein or of the obligation xeured hereby shall at any time thereafter fie held
<br />to lm a waiver of the terms hereof or of the note secured herebw
<br />9. In complisatx with section 301.1 (d) of the Rnlca and Regulatiow of the Small Busiaaa Administration [13
<br />C,F.R 101.1(d) ), this iwtrumeat is to be conattved and eaforced is accordance with applicable Federal law.
<br />lU. A judicial decree, order, or judgment holding say provision or portion of this instrument invalid or utw
<br />enforceable shalt not in say way impair or preclude the enforcement of the remaining provisions or portions of
<br />tfiis instrnment.
<br />cPO n,ev,a
<br />YHA Farm sal ta-:fi
<br />
|