Laserfiche WebLink
~-~~ <br />3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when <br />doe, or shalt fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />entire indebtedness hereby secured shall immediately'bacome 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 appraieement (the mortgagoe having waived and assigned to the mortgagee all rights of <br />appraisement j <br />I ~) at judicial sale pursuant to [he provisions of 28 U.S.C. 20p1(a } ; or <br />(tt) at the option of the mortgagee, either by auction or by solicitation of sealed bids,'for the highest atld <br />beat bid complying with the terms of Bale and manner of payment specified in the published notice of sale; first <br />giving four weeks' notice of the time, terms, and place of such sale., by advert[eement not leas than once <br />during each of said taut weeks in r newspaper published or distributed in the county in which said property <br />is situated, all other notice being hereby waived by the mortgagor (sad said mortgagee, or any penotl as <br />behalf of said mortgagee, may bid with the anpud indebtedness evidenced by said note). Said sale shall be <br />held at or on the property to h sold or ^t the Federal, county, or city courthouse for the county in wbioh the <br />property ie located. 't ha mortgagee ie hereby authorised to execute for sad oa 6eltalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance ahal! eontaia <br />recitals u to the happening of the defrult upon which the execution of the power of oak herein graaud <br />depends; and the said mortgagor hereby maetitutex and appbinte the mortgagee or any agent or attarany of thn <br />mortgagee, the ageae and attorney is fact of said mortgagor to make cosh ereitaL sad to e:eeute said <br />convegance and hereby tovmante and agrees that the recitals so made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />itttl take any other appropriate action pursuant to state or Federal statute either in state or Federal <br />court or otherwise for the diapoaition of the property. <br />In the event of a sale u hereinabove provided, the mortgagor or any person in poasesaion undertlx mortgattsrafuli <br />then become and 6e tenants bolding over and shat! forthwith deliver paseesaion to the purchaser at sur:h sale or be <br />summarily diapossesaed, in accordance with the provisions of taw applicable to tenanu holding over. The power <br />and agency hereby granted are coupled with as interest and are irrevocable 6y death or otherwise and are granted <br />as cumulative to the remedies (or collection of said indebtedness provided 6y law. <br />4. The praeeeds of any wk of cud prop€rtr in atxstrdaoce with the preceding paragraph shall he applied first <br />to pay the costa sad expenses of said sale, the exprtuesutcurred by the mortgagee for the parpoae of Rrote-atin6 trt tnaitr <br />tainittg said property, and rrasonable attorneys' fees; secondly, to pay the indebtedness secured herohy; sad thirdly, <br />to pay any surplus or excess to the peexon or prrsone {cgdly antitfal thereto. <br />5., [a the avert said property is sold at a judicial forerlwurc uie or )TUnttant to the power of sale herxriaabova <br />wanted, sad the proceeds sea ant ruicient to pay the total indebtedner secured by thin itt~rntaeat sad e.:daaw~d by <br />raid promissory nose, the mortgagee will be entitfud to x defieieory judgment for the amount of the dajieirrtcy ToitAorr <br />rogwd to appnaisemeat. <br />6. In the rvrnt the mortgagor fails to pay say Federal. state, ar rocs! tax arrersment, ineamr tax or other tax lien, <br />charge, fee, or other rxprurr charge) against thr pruprrty, thr martgagre is hamby autlwriard at his option to pay <br />the same. Any sutras so paid by the morytagce shall be added to wd 6ecanw a part of the principal amount of the <br />indebtedrtrss evidenced br said note, rubje~-t w the dauea trrnu and t~+mditians, 1[ the mortgagor shall pay and <br />dixharge thr indebtednrre evidenced 6y said promissory sort, atTd shall pay such runts arTd shat! dixdtarga all taxes <br />sad liens and the casts, tear, uu:l rxperaxb oC making, enfaning, and executing dtit. martgaga, than thin mortgage <br />shall be rrncekd end surrattdered <br />y. 'Cho eovenanta herein eoniuned shall bind and the betlafita and rdvantat[ea ahxll inure to the respective errs <br />eaaaats and aaigm of the parties hereto. R`Itatavar used. the amgular number shall iaeltlda the plural, ttte plural tht <br />riagalar, and the are of say gender shall inehtde all genders. <br />8. No waiver of nay covenant berets or of the obligatiaa ettwred hereby shalt at any tlrae tharaattar be hold <br />to ba r waiver of the terms hereof or of the sots secured hereby, <br />9. Itl cortlpHaoce with aeation 101.1(d) at the Rules and Regulatiott- of the Small Busineaa Admiaiatratiaa [ 18 <br />C,RR 1@Ll (d l ]. thin iartrumant it to be tmaotraed wind eaforeed in soanrdanoe widt applicable FaderaE taw. <br />t0. A judicia! decraa, order, or judgment holding any provi-ion or purtina of thu inrtrumettt invalid or tm• <br />enforceable shall sat ih any wry impair or preclude the ca[oroement of the remuning provisiottr ar portions of <br />thin fgsteumeat. <br />faA Parr WT (YTat <br />