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so.;oo4s~s <br />3. The mortgagor covenants and agrees that if he shall fail to pay acid indebtedness or an} part thereof when <br />due, or shall fail to perform any covenant or agreement of this instrument orthe-premieaory note secured herehy, the <br />satire indebtedness hereby secured shell immediately become-due, payable, and collectible without notice, ai the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />eell.said property without appraisement tthe mortgagor having waived and assigned to the mortgagee all rights of <br />appnisement) <br />(t j at judicial sale pursuant to the provisions of 28 U.S.C. 2WI i a I ; ur <br />(u) at the option of the mortgagee, either by auction or by solicitation of sealed bide, for the highest sad <br />beat bid complying wish the terms of sale and manner of payment specified in the published notice of sale, first <br />giving four weeks' notice of the time, ternts, and place a( such sale, by advertisement not less than once <br />during each of said four weeks in a newspaper published or distributed in the county in which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person o0 <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenctd by said note). Said sale shall be <br />held at or on the property to he sold or at the Federal, county, or city courthouse far the county is which the <br />property is located. The mortgagee ie hereby authorized to eztcute for and on behalf of the mortgagor and to <br />deliver to [he purchaser at such sale a anfficiem conveyance of said, property, which conveyance shall contain <br />recitale as to the happening of the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby conatitutee and appoints the mortgagee or any agwt or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make each recifaL and to execute said <br />conveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar all equity or <br />right oC redemption, homestead, dower, and al! other exentplionp of the mortgagor, all of which are hereh} <br />expressly waived and conveyed to the mortgagee; or <br />(till take ang other appropriate action pursuan! to state or 1•'rderal statute either iu slate ur F'edrral <br />court or otherwise for the disposition of the property. <br />fn the event of a Bale as hereinbefore provided, the mortgagor or any petsom in possession under the mort- <br />gagor shall then become and be tenants holding over and steal! forthwith deliver possession to the purchaser at <br />such sale or be suttt~rispoasessed, in accordance with the proviaiona of law applicable to tenaNs holding over, <br />The power andtSfgegcy lE4re anttd are rnupled with an interest and arc irrevoenble by death or otherwise, and <br />are granted ae cumulatSVe to~medies for collection of said indebtedness provided by law. <br />~• Thy prt:eteda of=tuiy pals id property in accordance with the preceding paragraphs shall be applied first <br />to pay they;s~u add e~ttats of sat Bale, the expellees incurred by the mortgagee for the purpose o(proteating or main• <br />raining aaide,._psuperty, and reaeonafjle attorneys fees; secondly, to 1>ay the indebtedness secured hereby; and thirdly. <br />to pay any eofplusos sasses to the perwn or parsorte legally entitled thereto. <br />~~ ~ ,; <br />S. In the event~sa'ii~'~r~o rt • ie cold at a 'udicial forectoenre sale or <br />p Pe } ) pursuant to the power of Bale hereinabove <br />granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument end evidenced b}• <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency urithout <br />regard to appraisement. <br />6. In the event the mortgagor fails to pay airy Federal, state, ur local tae ussesnmeul, incorur tax ur other tai <br />lien, charge, tee, or other expense charged against the property the mortgagee is hereby authorized at his option to <br />pay the same. Any some ao paid by the mortgagee shell be added to and become a part of the principal amount o(Au• <br />indebtedness evidenced by said note, euhject to the same terms and conditions, I[ the mortgagor shall pay and <br />dixharge the indebtedneee evidenced 6q said promissory note, and shell pay such some and shall discharge all <br />tam and liana and the cwta, fees, sad a:penses of mskittg, enforcing, and caseating this mortgage, than thin mortgage <br />rhall be canceled sad surrendered. <br />+. The eovenanU herein contained steal{ bind and the banafita xnd xdvxntugns nhxll inrrn• to Ihr r.•~prrtr..• rur• <br />ressore-and amigm of the parties hereto. Whenever used, the singular number shell inoluda the plural, the plural the <br />siegnlar, and thn use of any gender aball include alt gwden. <br />& No wnivar o[ any covetumt heroin or of the obligauoo secured hereby shell at au} time thereafter lK he1J <br />to be a waiver of the terms hareot or of the note secured herehy. <br />9. A judicial decree, order, or judgment holding any provision or portimr u[ this ittrltuntent invalid ur uucu- <br />forceable shall sot in any way impair or preclude the enforcement of the remsining provisions or portions of thin <br />imtrument - <br />14, Any wtittao notice tabs iussttatl w 2Fm mortgagor pureuanE to the prorisicne of this instrumeot shall be ad• <br />drered xntha ttxorxgaa^or ei <br />sad any written notice to be issued to the mortgagee shall <br />be addressed to the mortgagee at <br />SaA FORM 32a (2.73) <br />