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<br />3. The mortgagor covenants and agrees that if he shall fail to pa}- said indebtedness or an} part thereof when <br />due, or shall fail to perform any covenantor agreement of Chia instrument or the promissory note secured hereby, the <br />entire indebtedness hereby secured shall immediately become 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 />selLsaid property without appraiaement (the mortgagor having waived and assigned to the mortgagee all rights of <br />appraisement) <br />U) at judicial sale purovant [o the provisions of 28li 4.C. 2601 t a 1 : ur <br />(tI) at the option of the mortgagee, either by auction or by solicitation oC sealed bide, for the highest and <br />best bid complying with the terms of sale 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 advertisement no{ lase than otire <br />during each of said four weeks in a newspaper published or distributed is the county is which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on <br />behalf of said mortgages, may bid with the anpaid 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 auiltorized to ezecute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain <br />recitals as to the happening of the default upon which the execution of she power of.sale herein granted <br />a°---''-' --' the slid r ~ '' <br />,.,,r~....a; ~uu nor-tgagor hereby cana~titutea an,r appoente, abe mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor: Ito make such recitals and to execute said <br />wnveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other~exemptions of the mo;rtgagoq all o,f which are hereh~ <br />ezpresaly waived and conveyed to the mortgagee; or. <br />but take any other appropriate action pursuant to state or Federal statute Tither in ,rate ur Federal <br />court or otherwise for the disposition of the property. <br />In the event of a sale ae hereinbefore provided, the mortgagor ar any persons in poseeeeioa 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 provisions of law applicable to tenants holding Deer. <br />The Dower and agency hereby granted arc coupled with as interest and are irrevocable b}- death or uthrrN'ise.::xul <br />ors granted as cumulative to the remedies (or collection of said indehrsdness provided by law. <br />4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first <br />to pay the costa and expenses o[ said sale, the expenses incurred by themortgagee for the purpose of protecting or maim <br />tainiag said property, and reas~aable attorneys' fees; secondly, to pay the indebtedness secured heretic: and Chi%+Ilc. <br />to pay any surplus or excess to the person or parsons legally entitled thereto. <br />5. In the event said property is sold at a judicial foreclosure 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 promissory note, the mortgagee will be entitled to a deficiency judgment Cor the amount of the deficiency without <br />regard to appraisement. <br />6. In the event the mortgagor fails to pay any Federal, state, ur local tat assesameut, income tax ur other tai <br />lion, charge, fee, or other expense charged against the property the mortgagee is hereby authorized at his option to <br />pay the same. My sums so paid by the mortgagee shall be added to and become a part of the principal unount 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 shell pay such soma and shall discharge all <br />taxes and liens and the coots, fees, and expenses of making, enforcing, aad executing this mortgage, then this mortgage <br />shall ha canceled and aurrtetttdered. <br />7. The covenants hercia contained shall bind and the beaefils and advantages shall inure to the rYSpretive nur- <br />ceeeon and assigns of the parties hereto. Whenever used, the singular number shall include [he plural, the plural the <br />singular, and the Cue of any gander eha11 include. all genders. <br />8. No waiver of any covenant herein or of the obligation assured hereby shall at :nil time therraller be held <br />[o )k a waiver of the terms hereof or of the note secured hereby. <br />9. A judicial decree, order, or judgment holding arty proviaiou or portion of this iustrunient inralid w~ ~~u~- <br />forceable chat[ not in any way impair or preclude the enforcement of the remaining provisions or portions of this <br />instrument. <br />10: Any written notice to be issued to the mortgagor pursuant to the provisicae of this instrument shall be ad• <br />dt~eeeed to the mortgagor at ~ <br />and any written notice to be issued to the mortgagee shall <br />he addreeaed to the mortgagee at <br />SBA FORM 326 t2.r3t <br />