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3. The mortgagor covenants sad agrees that if lse shall fail to par acid iadebtedneee or soy part thereof wbm <br />due. or shall fail to perform any covenant or agreement of thes inatrumettt or the promfasory note secured hereby, the <br />eaf[as indebtedness hereby secured shall immediately become due, payable, and eolleetibk w-ithtmi notfce, at the <br />op6iou of the mortgagee or assigns, regardless of maturity, aad the mortgagee or his assigns may before or after entry <br />sell: said properiy~ without appraieement 1 the mortgagor having waived and assigned to the mortgagee all rights of <br />appwisement) <br />! t 1 at judicial Bale pursuant to the provisions of 28 U.S.f 2001 i a) ; or - <br />(tt) at the option of the mortgagee, either by auction or by solicitation of aeakd bids,'forYlte bia6eat soil <br />-best bid ~mplyiug with the terms of Bale and roamer of payment specified in ilte published notice of ask,lf~- <br />giving four weeks' notice of the lime, terms, and place of such sale, br advertisement not leas thae once - <br />during each of said four weeks in a newspaper published or distributed in the county in which said property <br />~ is aitueted, all other notice being hereby waived by the mortgagor (and said mortgage, ar soy petmn on.,. <br />r^~ behalf of said morcgagee, may bid with the unpaid indebtedness evidenced by said note). Said sak eball be- <br />~y held at ar an the property to be sand a: at the F,xderal, rounty, or city rnurthotate for thr county in w'n}cL theme - <br />_ property u located. The mortgagee is hereby authorized to execute for soil on behalf of the mortgagor aad to <br />~ deliver to She purchaser at such sale a enf6cient conveyance of said property, which eoaveyatte stall rnatain <br />'` reeitaL u to the happening of the default upon which the ezecution of the {rower of eak herein granted <br />r~ de a; and the said mort a or hereb constitutes and • ointe the wort ce or an a ent or attorn oI the <br />P~ B 6 7 PP 6aB y 6 ~' <br />0 mortgagee, the agent and attorney in fact of said mortgagor to ma-e each reeitaU and io s:eente said <br />conveyance and hereby covenants and agrees that the recitals eo made shill be eHeetual So bar all etryity or <br />right of redemption, homestead. dower, and all other rxemptions of the mortgagor, al! of which are hereby <br />ezpremly waived and conveyed !o the mortgagee; or <br />htt! take any other appropriate action pursuant to state or Federal statute either in state or Federal <br />court ar otherwise for-iha disposition of the property. <br />In the event of a sale as hereinabove provided, the mortgagor or any peraan in poaeeseion under the mortgagor shall <br />then become and fie tenants holding over and shall forthwith deliver posaew4ian to the purchaser at such xals ar be <br />summarily dispossessed, in accordance with the provisions of law applicable to Irnants holding aver. The power <br />and agency hereby granted are coupled with an interest and are irrrvorabls by death ar aihe-r+vise, and ors granted <br />as cumulative to the remedies far collection o[ said indebtedness provided by law. <br />4. The proceeds of any uk of acid prapercv in aseardance with the preceding paragraphs stall fie applkd first <br />to pay the costa aad czpemra of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main- <br />ttining said property, and rsaeonable atlarnev: fees: seeandly, to pay the indcbtedne~ -..~ror?l herPfn: and thirdly, <br />to pay any surplus or caeca to the perwn or persons legally entitled therNo. - <br />5. In the evens acid property is wid at a judicial foreclosure sale or punwot to the power of eak hersinabove <br />granted, and the proceeds are not sudteicnt to pay the total indebtedness secured by this instrument and evidenced by <br />aid promirory note, the mortgage wilt be entitled to x deficiency judgment for the at»oum of the de(ecieacy tvithaet <br />regsud ro appraiaemertt. <br />tl. In the event the morigattor fails to pay any Federal, »tate, or local tax aseeaemen4 inewnr tan or other tax lien, <br />chugs, fee, or other eapense charged against the properh', the mortgagee i» hereby authorized at his option to pay <br />the same. Any suttta stt paid by the mortgagee shall be added to and Itecome a part of the principal amount of the <br />indebtedness evidenced by raid note, subject to the »ame teens and roodition». 1( the mart~egar shall pay and <br />dixharge the indebtedness evidenced by said prorni»sory note, and shall pay such »wns and shall dischargr. all taxes <br />and Irene and the costa, tees, and eapuuea of making, enforcing, and executing this mortgage, then this mortgage <br />shaft be canceled aad surrendered. <br />7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective we- <br />txaaon aad assigru of tba parties hereto, w heoever used, the singular ntrtaber shalt ittclade she plural, the plural the <br />alatgular, sp$ i~ use of soy grader shalt iaelnde all gendsn. <br />g. No waivm of any covenant herein or of the obligation xcured hereby shall et guy time thereafter fie held <br />to fie a waiver of the terrns troreof or of the nuts secured hereby. <br />4. In comp}isoce with section }O1.1/d) of the Rules and Regulatioro of the Small $ueinsea Adminwtrrtiao j13 <br />C.B.R. 19}.}{d) J, this irwrumeat is to !x cortstrtred and entarced in accordance with applicable Federal taw. <br />}f- A judicial decree, ordeq ar judgment holding any provision or portion of this imtrument invalid or urt• <br />eaferseabk shall not is any way impair or preclude the enlorcanent of the remaining provision. or portions of <br />tbu instrument. <br />San r~.,s 9]t I.Ltat <br />