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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 />