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<br />3. The mortgagor covmanta and agrees than if be ahatl fail to pay acid indebtedness or any part thezesf. tubes-^ <br />dnF or shall (ail to perform any covenant or agreement of thin instrument or the promissory Hate secured hereby, Z)K"-_: <br />en~i3e indebtedness hereby aewred aha]I immediatek~beeome due, parable, and collectible without native, H the - <br />opaiitn of the mortgagee or assigns. regardless of maturity. and the mortgagee or his assigns may before or after ettiry <br />sell: said property without appraisement (the mortgagor having waived and aeeigned to the mortgagee af° rights of --' <br />apFprairtmmt l : _ -_ <br />~ t 1 at judicial sale pursuant to the provisions of 28 U.S.C. 20011 a) : or - <br />([t) at the option of the mortgagee, either by auction or by solicitation of sealed bids,~for the highest attd ".= <br />best bid complying with the terms of safe and manner of paymmi epeciSed is the published mrtia of sale, 5ert' `.~~ <br />giving four weeks' notice of the time, terms, and place of such sale, by advertiaemmt not less theta otter '_ - <br />during each of said four weeks in a newspaper published or distributed in the county in-which said property n <br />d situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or stay peewn on <br />behalf of acid mortgagee, may hid with the unpaid indebtedaeas evidenced by said note). Said sale shill be <br />lxld ai err on the property to ~ sald or ai the Federal, county, or city rnnrtltauae far tF~ eauntq ra whieL the- --„ <br />property is located. The mortgagee is hereby authori.aed to execute for and an behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which convgaooe shall contain <br />reeiule ere to the happening of the default upon which the ezecution of the power of Bale herein granted <br />depends; and the said mortgagor hereby rnnatitutea and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in tact of said mortgagor to make such recitals and to exeeate said <br />conveyance and hereby covenants and agrces 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 mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />(ut) take any other appropriate action pursuant to state or Federal statute either in state or Federa] <br />court or otherwise for the disposition of the property. <br />In the even[ of a sale an hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants holding.over and shall.forehPwith deliver possession to the purchaser at such sale or be <br />summarily dispoeseeaed, in accordance with the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest sand are irrevocable by death or otherwix, and are granted <br />se cumulative to the remedies for coifection of said' indebtedness provided by law. <br />4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied fiat <br />to pay the costa and e:penxa of said sale, the ezpenses incurred 6y the mortgagee for the purpose of protecting or main- <br />taining said property, and reasonable attorneys' tees; vecondly, to pay the indebtetlnesa secured hereby; and thirdly, <br />to pay any surplus or excess to the person or persona legally entitled thereto. <br />5. In the event said property ie Bold at a judicial (ozeclnure Bale or puremnt to the power of sale hereinabove <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this intzumeot and evidmeed by <br />wid promissory note, the mortgagee will be entitled to a deficiency judgment [or the amount of the dejcienry without <br />regard to opprsiserrtatt. <br />6. In the event the mortgagor (ails to pay am Federal, state, or local tax aneesament, income tax or other tax lien, <br />charge, fee, or other expense chvged against the property, the mortgagee is hereby authorized at his option m pay <br />the same. Any sums ao paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, subject to the name terms and conditions. IE the mortgagor shall pay and <br />diee_ttarge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes <br />and lien and the coats, fees, and expenses o[ making, enforcing, and executing this mortgage, then thin mortgage <br />shall 6e canceled and surrendered. <br />7. The covenan4 heroin contained shall bind and the benefits and advantages ehdl inure to the respective suc- <br />resasn and assigns of the parties hereto. Whenever used, she singu4r number shall include the plural, the plural the <br />sfagat-ar, slut the use of any grader chaff ittclnde all geadets <br />g: No waiver of any covenant herein or of the obligation secured hereby shell at any time thereafter be held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. In campliaoce with section 101.1(d) of the Ruler and Regulations of the Small Bniaew Administntion (1~ <br />C.F.R. 101.1(d) ), this imtrument is to be cmatnied and enforced in aecotdance with applfesbk Federal law. <br />10. A judicial decree, order, or judgment holding any provision or portion of thu instrument invalid or un• <br />eaforceabk shall not in any way impair or preclude the enforcement of the remaining provision or portion of <br />Nita imtrumcnt. <br />9aA -er~ 9aT Is-ral rvo vie rw <br />