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so-~- u =- = ~ 3 ~ <br />3. The mortgagor covenants and agrees that it he shall fail to gay said indebtedne® or any part thereof when <br />due, or shall fail to perform any covrnant or agreement of this instrument or the promissory note secured hereby, the; <br />entire indebtedness hereby secured shall immediately become due, payable, and rollectibk without notita:at-i&e <br />apfion of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns m¢y before orafter entry. <br />sell said property without appraisemrnt (the mortgagor having waived and assigned to the mortgagee aUrighte ofi~ <br />~spraieemrnt): - - <br />1 t) a[ judicial sale pursuant to the provisions of 28 U.S.C. 2001(a) ; or <br />(n) at the option at the mortgagee, either by auction or by wlicitation of eeakd bide,•[or the t rod' <br />beat bid complying with the terms of sale and manner of payment specified in the published notice oisale; firaF~ <br />giving tour weeks' notice of the time, terms, end place of such sale, by advertisement not lese~ahaa once-,- <br />during each of said four weeks in a newspaper published or distributed in the county in.whicb eai~propertp:: <br />is situated, all othee notice being hereby waived by the mortgagor (and said mortgagee, or any-pintronotr <br />behalf of said mortgagee, may bid with the unpaid iadebtednece evidenced by said note). Said ea~t'shall be <br />held at or on the property to be sold or at the Federal, county, or city courthouse for the rnmty intirhich the; <br />property is ioealed. 1 he mortgagee is hereby auliro rized to execute for and on behalf of .he mortg4gor sad tOF' <br />deliver to the purchaser at ouch Bale a sufficient conveyance of said property, which conveyamx shall wntain~- <br />reeitale u to the happening of the default upon which the ezecution of the power of eak herein granted <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attottteq of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to ezscute said <br />conveyance and hereby covenants aed agrees that the recitals eo made shall be effectual to bar all equity or <br />right of redemption, homestead, doRc:, and all other exemptions of the mortgagor, all of which am hereby <br />expressly waived and conveyed to the mortgagee; or <br />(uU take any other appropriate action pureuam 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, [he mortgagor or any person in possession under the mortgagor shall <br />then become and be ten tom: ~'~ljtwith deliver possexsion to the purchaser at such sale or be <br />summarily dispossessed, to ordtWOrA\r®t0'twieions of law applicable [o tenante~holding over. The power <br />and agency hereby grant~e~e.INtiMA11~1'511~lhRt and are irrevocable by death or otherwise, and are granted <br />as cumulative to the rem ies or collection at sal indebtedness provided by law. <br />4. The proceeds of any Bale of said property in accordance with the preceding parsgnpbe shall be applied tint <br />to pay the cocJ and expenses of said axle, the exneneea incurred 6y the mortgagee for the gtupose ot-protecting or main• <br />twining said property, and reaeonablc attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay a::y xurpiua or ezcess ter the Izrrxan or t.ers:stu legally a:~:titied thereto. <br />5. in the event said property is sold at a judteisi foreclosure sale oz 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 mortgagee will fie entitled to + deficiency judgment for the amount of the de(rciency without <br />regard to apprnisement. <br />6. In the event the mortgagor toile to pay an} Federal, state, ur local tax asnesxmrnt, income Pax or other lax lien, <br />charge, fee, or other expense charged against the property, the mortgagee is hereby .mthorizrd at his option to pay <br />the same. Any sums eo paid by the mortgagee shall fir added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, subject to the sumo terms :uni cn:editior:s. If the nmrtgagor shall pay and <br />discharge-.the indebtedness evidenced by ..>aid promissory :uru, and .hnl! pay sorb sums and eball discharge ail taxes <br />and liens end the costa, (ers, and expenses of making, enfon•ing, and executing this mortgage, then tbis mortgage <br />shall be canceled and surrendered. <br />7. The wvenante heroin contained xhall bind and the benefits and advantages shall inure to the respective xuc- <br />ceeson and usigna o[ fire parties hereto. Whenerer used, the singular number shall include the plural, the plural the <br />aingulu, and the rtes of any gender shall include all genders. <br />8. ti'p waiver of any covenant herein or of the obligatioo secured hereby shall at an}• time thereafter be held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. In rnmpliance with section 101.1(d) of lire Rules and Regulation of the Small Bveineaa Admiaietration [ I3 <br />C.F.R. 101.1(d) ], this instrument is tw be construed and enforced in accordance with applicable Federal law. <br />10. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or un- <br />entprcea6le shall trot in any wa}• impair or preclude the enforcement of the remaining provisions or portions of <br />thi- instrument. <br />YBa Pa,m oar 18~ia/ " '~~ '~ <br />