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~0- ~~t4173 <br />3. T}te mortgagor covenants and agrcee that if he shall fait to pev said indebtedness or an}- part thereof when <br />des, or shall fail to perform any covenant or agreement of this instrument or the promis,wry note secured hereby, the <br />satin indebtedness hereby secured shall immedieuly become- doe, payable. and collectible without notice, at the <br />o~tfonof she mortgagee or assigns, regardless of matnrity, sad the mortgagee or hie assigns mac before or after corn <br />sell said property sviihoat. appraiaement f the mortgagor having waived and assigned to the mortgagee all riR1tls of <br />appraiaemmt} <br />1 tj at judicial sale Vurouant to the provisiana of 28 U.S.C. 2(t0l ~ a ~ : ur <br />(tt) at the optiou of the mortgagee, either 6p auction or by solicitation of xaled bide, for the highest and <br />beat bid complying with the terms of sale and manner of payment specified in the published notice of sale, first <br />riving four weeps' notice of the time. ternts, and plan of such ease, by advrrti-sensor not lest Haan once <br />during each of said tour weeks in a ~wapaper published or distributed in the county in which said property <br />is aituaud, aII other notice being hereby waived by the mortgagor (and said mortgagee, or any person on <br />behalf of said mortgagee, may b[d with the unpaid indebtedaeaa evidenced by said note). Said sale shall be <br />held at ar on the property to be sold or ai the Federal, county, or city courthouse for the county in which the <br />propertq is locaud. The mortgagee is herebyauthorized to a:ecuu for and an behalf of the mortgagor and to <br />deliver to the ptrrchaaer at such eak a sufficient conveyance of said property, which conveyance shall contain <br />recitals as to the happening of the default upon which the. eucution of the power of sale herein granted <br />de •_ d the said mortgagor hereby rnnstitotes and appoints the mortgagee or any agent or atxotney of the <br />mo ~_'" Y't:~eiigciae agd_,aitaroey in fact of said mortgagor to make such recitals and to ezecute said <br />ewvcq-}~ebTq-cuvenantai and agrees thu therecitala so made shall be effectual to bar all egniry or <br />right of redemption, homestead, dower, and a8 other exemptions of the mortgagor, all of which xre perch} <br />expressly waived and conveyed to the--mortgagee: or <br />(tai take any other apyropriate action pursuant to state ur b'ederal statute Tither iu ~tatr ur h'edrral <br />ronrt or otherwise for the disposition of the propertc. <br />In the event of a sale as bereinbefore provided, the mortgagor or any persona is poeeeseioa under the mort- <br />gagor shall then become and be tenants holding over and shall forthwith deliver poaseseion to the purchaser at <br />sorb sale or $, summarily dispaaseased, in accordance wish the yroviaona o{ law applicable [o teuante haidinR over. <br />The power and agency hereby granted are coupled with an interest and are irrevocable by death nr otherwise, and <br />are granted as cumulative to the remedies for collection of said indebtedness provided by law. <br />d. T::e procteris of any sale of said property in aceotdanae with the preceding paragraphs ahalI be applied first <br />to oay the costa and ezpsnaea of said sale the ezpeners iacnered by the mortgagee for the purpose of protesting or main- <br />taining said property, and reasonable attorneys' fees: secondly, to pay the indebtedness secured hereby :and thirdly. <br />to pay any surplus or e:ceaa to the pennon or persons legally entitled thereto. <br />5. In the event said property is Bald at s judicial foreclosure ede or pursuant to the power of Bale 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 mortgagce will be entitled to a deficiency judgment for the amount of the derrcieruy withont <br />regord !o appraisemenE. <br />6. In rho event the mortgagor fails to pay any Federal, state, or local tai assessment, income tae or udter tai <br />lien, chugs, lee, or other expense charged against the property the mortgagee is hereby audtoriard at his option to <br />pay the same. Any soma ao paid by the mortgagee shall be added to and become a part of the principal ammuu of the <br />indebtedness evidenced by said note, eubjcet to the acme terms sad coaditioae. if the mortgagor shall pay and <br />diecherge the indebtedne~ evidenced by said promissory note, and shall pay such sums and shall dieeharge all <br />read sad lime and the coats, foes, and ezper.3ee of making, enforcing, and a:scaling this mortgage, then [hie mortgage <br />shall bo canceled and surrendered. <br />7. T~ L'aveuanis-lraraia c~ctsiaed-shall hind and the benefits and advantages skaail inure to the rrspFetivr snc- <br />eeasorsand assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the <br />singular, sad the use of any gander shall pclude all gentles. <br />g. No waiver of nay rnvenaal heaoin or of the obligation secured hereby shall at atry time therrafur l,e hel,l <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. A judicial dssetx, order, or judgment holding say provision or puttiou of this iuetrutnmt invalid ur uueu- <br />fotoeable shall not is any way impair or preclude the eaforcemmt of the remaining provisions or portions of this <br />iastrertnant. <br />IA: Any wrlftm notice to he iwttsd to the maNgagor puraueat to tits proviaicw of thin instrument shall be ad- <br />tIatssad turps tnort&aRpr at <br />and any written ttotiee to be issued to the rnoAgagee shall <br />lea aaararrd to the tttorigttges at <br />8nA rOfl&i 82a t2~13) <br />