Laserfiche WebLink
$~-~C~~',3~4 <br />3. The mortgagor covenants and agrees that if he shalt fail to pay said indebtedness or any part thereof when <br />dt+e, or shall fail to perform any covenant or agrament of this instrument or the promiesorp note secured hereby, the, <br />etNirr indebtedness hereby secured shall immediately became due, payable, and collectible without rwtice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry-~' <br />eeH said proper[)' without appraieement (the mortgagor having waived and aseigfred to the mortgagee al} rights of _. <br />appreisementl <br />It) at judicial sale pursuant to the provisions of 28 U.S.C. 20011a); or <br />(u) mt the option of the mortgagee, either by auction or by eolieintion of sealed bid~,•for the highest sad <br />beat bid complying with the terms of axle and mamer of payment specified in the published notix of sale, fiM <br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement not lean thaw once - <br />during each of said four weeks in a newspaper published or distributed in the wanly in which said property <br />is-aitwted, all other notice being hereby waived by the mortgagor (and said mortgagee, of any perwn on <br />behal[ of said mortgagee, may bid with the unpaid indebtedness eviden«d by said note j. Slid sale shall be <br />held at or oo the property to be Bold or at the Federal, county, or city wurthouee for the wtmty is wbieh the <br />property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such Bale a sufficient conveyance of said property, which conveyance shall wnuin <br />recitals as to the happening of the de[sult upon which the a:section of the power of sale herein granted <br />depends; and the said mortgagor hereby conatitulea and appoints the morgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in tact of said mortgagor to make each recitals and to eaeeate said <br />conveyance and hereby covenants and agrees that the recitals eo made shat] be effectual to bar ail equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagoq all of which are hereby <br />expressly waived and conveyed to the mortgagee: or <br />(tu) take any_other appropriate actiow purouant-to state or Federal statute either in state or Federal <br />court or otherwise for the disposition of the property. <br />in the event of a sale as hereinabove provided, the :mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants holding over and shalt forthwith deliver possession. to the purchaser at such sale or be <br />summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power <br />sad agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted <br />as cumulative to the remedies for wilection of said indebtedness provided 6y law. <br />0. The prooeede of any sale of said property in eceordance with the preceding paragnphe shall be applied fiat <br />to pay the caste and expenses of said sale, the expetteea incurred by the mortgagee for the purpose of protecting or main• <br />raining said property. and reasonable attomeas' tees; nernndly, to.pay ~thc iadebtedweas secured hereby: and thirdly, <br />to pay any surplus or excess. to the_petwn or persons legally entitled thereto. <br />5. In the event said property is sold at ^ jndicis! foreclosure nde or punwnt to the power of sale hereinabove <br />grmted, and the proceeds are not sufficient to pay the total indebtedness secured 6y this instrument and evidenced by <br />said promissory note, the mortgagee will be entitled to s deficiency judgment for the amount of the deficiency taithout <br />regerrd ro appraiaemenr. <br />6. In the event the mortgagor fai-s to pay any Federal, state, or local tax assessment, inwme tax or other tax lien, <br />charge, ter, ur other expense charged against the property, thr, mortgagee is hereby authorized at his option to 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 />iode6tedneae evidenced by said ,:nte, subject to the same ternta and tonditimrs. I[ the mortgagor shall pay and <br />discharge the indebtedness evidenced by said promissory note, and shat! pay such sums and shall discharge all to:ea <br />end liens and the costs, fees. and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shell be caneekd and surrendered. <br />I. The wvenanUt herein contained shall bind and the benefits sad advantage shall inure to the respective suc- <br />oeaaen and aasipts of the parties hereto. Whenever used, the singu6r number shall include the plural, the plan! rho <br />sisg)ttlar, and the ttse of say gender shall include all gender. <br />8. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter ire held <br />l0 6e a waiver of the-terms hereof or of the note secured hereby. <br />9. Ia compluaee with section lOl.l (d) of the Rules and Regulations of the Smdl Busiaus Admiaistntioe [ 13 <br />C.F.R. 101.1 (d) ), thin instrument is to be construed and enforced in accordura with applicable Federal law. <br />-U. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or un- <br />enforceable shall not in any way impair or preclude the enforcement o! the remaining proviaiom or portiotn o7 <br />this ittetrument. <br />sew r... nor ta-rer ~„'~ .'., '.µ <br />