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$0-= 004566 <br />3: The mortgagor covenants and agrees that if he shall fall to pay said indebtedness or anp part thereof tritest <br />due or shall fail to perform any covenant or agreement of this instrument or the promissory note seeored Iureby, the <br />etetire indebtedness hereby secured shall immediately become due, parable, and collectible without notice at-the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before ocafner catty <br />eeN esid property without appraisement (the mortgagor having waived and assigned to the mortgagee al! rights of <br />appnisement): - <br />i t) at judicial sale pursuant to the provisions of 28 U.S.C. 2001 (a) ; or <br />(n) at the option of the mortgagee, either by auction or by solicitation of eeakd bids,~for the#tighatand <br />best bid implying with the terms o[ Bale and manner of payment specified in the published ttotioe-~ sale. fiiu- <br />giving four weeks notice of the time, terms, and place of such sale, by advertisement not lesr~tbaa oMe <br />during each of said four weeks in a newspaper published or distributed in the county in which said properly <br />l situated, all other notice being hereby waived by the mortgagor (and said mortgagee or anf p@son m <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sak shall be <br />held at or oo the property to be Bold or at the Federal, county, or city rnurthouee far the comty in which the <br />property l located. The mortgagee ie hereby authorized to execute for and oa behalf of the mortgagor and to <br />deliver to the purchaser at such Bale a ealficieni conveyance of said property, which conveywee shall contain <br />recital u to the happening of the default upon which the execution of the power of uk herein granted <br />depends; and the said mortgagor hereby constitutes and appbinta the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recital and to ezecute said <br />convevana and hereby rnvenanta and agrees that the recitals eo made shall be effecturi to bar ail egaily or <br />right of redemption, homestead, dowxr, and all other exemptions of the mortgagoq all of which are hereby <br />expressly waived wed conveyed to the mortgagee; or <br />(nt) take any other appropriate action pursuant to state or Federal statute either in state or Federal <br />court or otherwise for the disposition of the property. <br />In the event o(a sale as hereinaboce providzd, the mortgagor or any person in possession under the mortgagor shell <br />then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale err be <br />summarily diapoeeeaeed, in accordance with the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted <br />ere cumulative to the remedies (or collection of said indebtedneae provided by law. <br />4. The proceeds of any Bale of said property in accordana with the preceding paragraphs shall be applied first <br />to pay the costs and expeaxs of uid sak, the expenses incurred by the mortgagee for the purpose of protecting ormain• <br />twining said property, and reasonable attorneys' fees; secondly, to pay the indebtedneae secured hereby; and thirdly, <br />to par any surplus or excess to the person oc persona legally entitled thereto. <br />S. In the event said property ie sold st a judicial foreclosure sale or pursuant to the power of Bale hereinabore <br />granted, and the proceeds arc nest su~eient to pay the total indebtedness secured by this instrument and evidenced by <br />said promissory Hots. the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without <br />regard to opproiaement. <br />6. In the event the mortgagor fails to par any Federal, state, or local tax aaeessmenq income tax orother tax lien, <br />charge, fee, or other expense charge) against the property, the mortgagee is hereby authorized at his option W pay <br />the same. Any some w pnid by t6c mortgagee shall he added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, sxbject to the name terms and conditions. I[ rho mortgagor shall pay and <br />discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes <br />and acne and the costa, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be canceled and surrendered. <br />7. The coreornts herein contained shall bind sad the beoefite and advantages shill inure to the respcetive euo <br />sawn sad assigns of the parties hereto. Whenever used, the eingulr number shill include the plum, the plum the <br />rittgnlar. and rho use of any gender shall include all geodem <br />g. No waiver of any covenant hereiu or of the obligation swured hereby shall at any time thereafter be held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. In compliance with seetioo 101.1(d) of the Rules and Regulations of the Smdl Businex Administntion [ 13 <br />GF.R.-1011 (d) j, this ioatromeut is to be condrued-and enforced in accordance with applicable Fedenl law. <br />IU. A judicial decree order, or judgment holding any provision or portion of this instrument invalid or um <br />eeforceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of <br />this instrument. <br />sae cur Oar ta-rat " ° "y "" <br />Rx l <br />