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<br />3. Thr mortgAgor covenants and agree that if ha ehstl fail to pay said indebtedttesa or ant- part thereof whin <br />dens. or xhall fail to perform any covenant or agreement of Chia ianetruntent or the promissory mote eecered herehv, the <br />ets~4e fndebtedness hereby secured shalt fmmediatety beeose drte, payable, and collectihk without notice, at the <br />opttfort of the mortKagee or aeeiRtts. reKardltas of maturity, and the mortgagce or hfa aeatgns may before or after en[ry <br />sell• said property without appraisement i the mortgagor having waived and assigned to the tortgagee all [tights at <br />apptraiaement t <br />' t 1 at judicial sale pursuant to the provisions of 28 U.S.C. 2(IOI tat : ur <br />tt I at the option of the mortgagee, either by auction w by solicitation of sealed bids, far the highest and <br />best bid complvinq with the terms of sale and manner of payment specified in the published notice of sale, fins <br />rztvinq four weeks notice of the time. terntx, and place of such sale, ha advertisement apt lens than once <br />during each of said four weeks in a newspaper published or dis-ribated in the county in which acid property <br />w o....~ cd -ll other ,t~ticc teeing hereby waived by the mortgagor [,and said mortgagee, or any person as <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note!. 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 is hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the pttrchaeer at such sale a sufficient conveyance of said property, which conveyattce shall contain <br />recitals as to the happening of the default upon- which the execution of the power of sale herein granted <br />depends; seed the said mortgagor lureby comtitutee and appoints the mortgagee or asy agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make- rush milaL sad to etcetate aaid- <br />cocveyaate and hereby eovtnaats sad agrem 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 Lereh~ <br />expressly waived and conveyed to the mortgagee: or <br />(ut! take any other appropriate action punuattt to xtatc ur F"edenl etatule either iu.state or t~e,kral <br />court oz otherwise for the dupwitioe of the property. <br />Ia the event of a sale as hereinlxforc provided, the mortgagor or any persons in poaseaaion under the mort- <br />gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at <br />such sale or be summarily dispossessed, in accordance with the proviaions of law applicable to tenants ho{dinK over. <br />The power and agency hereby granted are coupled with an igtereet and are irrevocable by death or otherw isr, and <br />are granted ae cumulativ~_tp the remedies for collection of said indebtedness provided by law. <br />at ~~-~ .~ ::.. <br />~. The proceeds of an~rope}ty i~e'hceordanee with the preceding paragraphs shall be applied firms <br />to pay the costs and expewes of said sale, the expettaes incurred by the mortgagee for the purpose of protecting or main- <br />tainiag said property, sad reasonable attorneva fees; aecendly, to paY the ittdrbtedneas secured hereM•; and thinllt, <br />to pay say surplus or excess to the person or persona legally entitled thereto. <br />S. In the event said property is sold at a judicial #oreclosure sale or pursuant to the power of sale hereinabove <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by <br />said prosaiaaory note, the mortgagee will be entitled to n deficiency judgment for the amount of the deficiency without <br />reaarif to appraisem®at. <br />6. In the event the mortgagor fails to pay any !'ederal, state, or !peal tan aseesenteut, income tax or other tai <br />lien, charge, fee, ur other expense charged against the property the mortgagee is hereby authorised at his option to <br />pay the same. Any sums so paid by the mortgagee shall be added to and become a port of the principal amount of the <br />indebtedness evidenced by said note, subject to the same terms and conditiotts. If the mortgagor shall pay end <br />discharge the indebtedness evidenced by said promissory note, and Bhall pay such sums and shall discharge all <br />taxes amf !teas and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />•baU ba canceled and serreadrued. <br />7. Tba rovenaau hereto caatained shall bind and the benefits and advantages shall inure to tFte n•sprctive sui• <br />caasota and asaiesa of the partid hereto. Vl!heaever used, the singular number shall include the peers!, the plural the <br />aistgttiar, and the etas of any gender shall include all genders. <br />'~o r'aiver of any wveuant herein or of the obligation secured hereby shall al anv tine thereafter be held <br />to be a waiver of the terror hereof or of the note secured hereby. <br />9. A judicial decree, order, or judgment holding and provision or purtiou of tuts tustrtwtent utvalu) ur uuu,. <br />feavxabk shall not in any way impair or preclude the enforcerttenE of the ren~sinitgt provisimte or portions of thts <br />instttintpn4 <br />lfl. Any written rtosice is bs,irued to the mortgagor pursuant to the proviaicaa ,of this isyttruntmt shall be ad- <br />dttered to the- mot~a~t at 2815 South IQC,•ust Strt;,et, C~'azt~ Tsla.~d r '~ 68801 <br />stet say written notice to be issued to the mortga~gae shall <br />be addrasaed to tha tetori~a4ee at `= '~er'~.ti3rti+ ti~Lic~ic`tl f3arJc riF ratt~I Islar '=:}d :~€:st ^"t~z~3 ~tre~t, <br />Gt"artq ?!a.iNxl, 'd@ltZia.`itGd ~i6E311 <br />