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--- ~;`~ . <br />- 3- "l~r ovxt~a~sr xovcnaats and agtrxa t1Eat if he shall fail to pay acid iadebttdnesa or any part thereof wltm; " <br />dry,. car .sulk fstF to perform anv env ..:giant rsr aKttrmeot of this iastrumtm or the promissory note secured heabv, the <br />dtti~rr attdtlst±dtsrsr~ lorzr.'sr,.~ secured wail kmmediatekv beGatttt doe, pavabte. and rolltnible without natkce, ai the - <br />al'tie1t+ of the atoAtatr or asaiyes_ rtgardleee of maturity, and iht marigaue or his assigns may before or afLtr entry <br />aes~.said proyrrrt witTrswat appraiasmtnt ttht mortgagor having waived and assigned to the mortgagee all rights of <br />ayaatetasrat 3 _ _ - <br />~ t t aE judicial sake pursuant to the provisions of 23 li G_C. 2001 ~ a) : or - <br />1 ti) at the ¢pti¢a of the martgagu, rther by auction or by aoGeitaiian of ecakd bida,•Far the higlt~t sad <br />best bill complying with the terms of sale sad manner of payment specified is the published notice of tiele, fiat <br />- - giring four weeks' notice of the time, terms, and place of such eaie, by advertisement not less than ones <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 piscwn on--.,~_ <br />_ behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sak shall bey-.' <br />' ~ held-at or on the property to bt sold or at the Federal, county, or city courthouse for the county in which the-' <br />property is located_ The mortgagee ie hereby authorized to execute 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 contain <br />recitals of to the happening of the default upon which the execution of the power of Bale herein granted <br />- depends; and the said mortgagor hereby constitutes 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 ezeeate acid <br />eonveyaace and hereby coveaanta and agrees that the recitals eo made shall be eRectual to bar alk equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, aU of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />tut) take any other appropriate action pursuant to state or Fed_erak statute tither in state or Federal <br />court or otherwise for the disposition of the property. <br />in the event of seals asl-.ezeinabove-provided,- the mortgagor or any person iu possession under the mortgagor shall <br />then become and ~edenanta-holding over and shall forthwith deliver possession to the purchaser at such sale ar be <br />summarily disposmessed, 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 granted <br />as wmulativc to she remedies for collection of said indebtedneea provided by law. <br />$. The proceeds-of any sale of said property in accordance with the preceding paragraphs chalk be applied first <br />to pay 4he coats and eapenaea-oi-said sale, the~ezpeasee-incurred by the mortgagee for the purpose of protecting or ma~~- <br />taming said property, and reasonable'attorney@'-fees; atcondly, to pay the indebtedcesasecured hereby; and thirdly, <br />to pay any surplus ¢r excess to the pers¢n or petaans legally entitled-thereto. <br />S. In t,~ e:~-va:cf'ux ar~;ssald at a jadiElal foreGloaaet $alt aF pnraaatet to thG- powa3 of sale I.GrGigano.G <br />granted, sad the proceeds art not sui5cient t¢ pav the total indebtedneea secured by this iastrumeni sad evidett~ by <br />said promissory note, the mortgagce will be entitled to a deficiency judgment for the amount of the deficiency without <br />regsad to eppraixment. <br />ti. In lire event the mortgagor fails to pay any Federal, scale, or local tax assessment, income tax or other tax Gen, <br />charge, fee, er other expense charged against the property, the mortgagee is hereby authorized at hie option to pay <br />the same. Any sums eo paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedneea evidenced by said note, subject to the same terms and conditions. if the utorigagor shall pay and <br />discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shalt discharge all taxes <br />anti Rena and the costs. fees, and expenses of making, enforcing, and executing lhis mortgage, rhea this morigsge <br />shalt be eaneeled and surrendered. <br />7. The eoveaants herein coataiaed shall blend and the ben~fite and advantages shall inure to the respective suo- <br />eesssn sanl of the parties hereto. Whenever used, the eutgular number shall include the plural, the plural the <br />asta~{ar, aed the woof say gender shall icelude all genders. <br />i#. ?$¢ waiver of aaa covensat herein or of the obligation secured hereby shall at any time thereafter be held <br />m be a waiver of the tome hereof or of the note secured hereby. <br />4. Ia compliance wit$ section IOI.l {d) of the Rotes and Reguiatiom of the Small Business Adminiatntion [I3 <br />C.F.R. lt'l.l(dl j+ the instratwrtt is to ht eoastrued and enforced in seeardanoe with applicable Feder^f law. <br />}tl. A judicial decree, order, ar judgment holding say provision or portion of this instrument invalid or un- <br />est[eeesabk shall not in say way impair or preclude the enforcement of the remaining provisions or portions of <br />this-iaauatxnt. <br />