Laserfiche WebLink
~-- <br />lj t_. !~ 13 ~ <br />3. The mortgagar cavrnnnts aad agrca that if he shall fail to pay Aid indebtedness or any part- thereof when <br />ilarc, or shall fail to perform any covenant or agreement of Chia instrument or the promimnry note seeared hereby; i6t <br />ntlx indebttdneaa hereby secured shall immediateh~ become due, payable, aad collectible witbeot native, at the <br />optioa of the mortgagee os assigns. regardie~ of maturity, aad the mortgagee or his assigns may before or after entry <br />sell said property without appraicement (the mortgagor having waived and assigned to the mortgaget ell rights of <br />apPraistmeni) : . <br />' 1 l f at judicial sale pursuant to the provisions of 28 L`.S.C. 2001 f a) ; or <br />(n) at the option of the mortgagee, either by auction or by aolieitatioa of sealed bids,'[oe the biglmat=ntd <br />bat bid complying wit>~. the terms of gals and manacr of payment specified in the published tmtice of sale: firrq- <br />giving four weeks notice of the time, terms, and place of such sale, by advertisement not leea3haa ones <br />during each of said foue weeks in a newspaper publiehevl or distributed in the county in which said-.property, <br />is eiwated, all other notice being Hereby waived by the mortgagor (and said mortgagee, or any-peraou otl~ <br />' behalf of said mortgagee, may bid with she unpaid iadebtednese evidenced by said note). Said oak shalt 5r <br />held at or oo the property to be sold or at the. Federal, county, or city eonrthouee for the eoaaty is-which the <br />property p !orated. Tht mo ;gage is htrtby authorized to extcuie for aad on Lthaif of the mortgagor and to <br />deliver to the purchaser at such Bale a eufFeient conveyance of said property, which conveyance shill contain <br />zecitala p to the happening of the default upon which the execution of the power of sale bezeio granted <br />depeade; aad the said mortgagor hereby conetituta and appoints the tttortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make sock recitals and to tueate said <br />conveyance and hereby rnvenanu and agrees that the recitals p made shall' be effectual W bar all equity or <br />eight of redemption, F.omatead, dower, and all other ezemptiona of the mortgagor, all of which are hereby <br />ezpreealy waived and conveyed to the mortgagee; or <br />t ltt! take any other appropriate action pursuant to state or Federal statute either in state or Federal <br />court or otherwise for the diapaition of the propem~. <br />in the event of a aple as hereinabove provided, the mortgagor or any person in poseeeaion under the mortgagor shall <br />then become and be tgnante bolding over and shall forthwith deliver possession to the purchaser at such sale or be <br />summarily ditrlloaeaesed,,.jn;. araoxdattee.with the provisions of law applicable to tenants holding over.-The power <br />and agency hereby granted are coupled with an interest and ere irrevocable by death or otherwise, and arc granted <br />as cumulative to the remedies for collection of said indtbtedneaa provided by law. <br />d. The proceeds of say Ale of said property in sceordance with the preceding paragraphs ehalI be applied 5nt <br />to pay the costs and ezpeneee e( said ply the e:prnsa incurred 6yihe mortgagee for the purpox of protecting or main- <br />taining said property, and reasonable attorneys' fern;-semndlr; to pay.tht indebtedness secured hereby; and thirdly, <br />to pay any sur¢lus yr ezceae to the person or persona Iegelly entitled thertty. <br />5. Ia the evem-said property 4a sold at a judicial fareclasure sale of pnnusnt to iha-power at sale hercinabove <br />granted, and the proceeds are not euiicient to pay the total indebtedness secured by this instrument and evidrnced by <br />said promissory note, the mortgagee will be entitled to x deficiency judgment for the amount of the deficiency toitftottt <br />regard to appraistrrtalt. <br />6. In the event the mortgagor fails to pay any Federal, elate, or local tax assessment, income tax or other tax Tien, <br />charge, fee, or Wher expense charged against the property, the mortgagee is hereby authorized at his option to pay <br />the same. Any sumo eo paid by the mortgagee ells!! be added to and become a part oC the principal amount 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 shall pay such sums and shall discharge all razes <br />and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shell be canceled and surrendered. <br />7. The covenants herein contained shall bind aad the benefits and advantages shall inure to the respective euc- <br />eaaon and assigns of the parties hereto. Whenever used, the einquLr number shall ioclade the plural, the plural Ute <br />aiogahv, a~ the use of say gandtrshall include all grndera. <br />8. lYa waivtr of any covenant Herein or of the obligation secured hereby shall at any time thereaiter lic Geld <br />to be a waiver of the terms hereof or of the note secured herebv. <br />9. Ia evmpliance with section 101.1 (d) of the Rules and Regulations of the Small Bueinea Administration [ 13 <br />C.ER I41.1(d) ), this instrument ie to be construed and enforced in accordanve with appGesblt Federal law. <br />lU. p judicial decree, ordeq or judgmrnt holding any provision or portion of this instrument invalid ar un- <br />rnforetabk shell not in any way impair yr preclude the enforcement of the remaining provisions or portions of <br />thitt ittatrument. <br />388 reav 9aT ta-Jei ~~ Ja i;. <br />