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80-.~~~,4G33 <br />3. The mortgagor covenants and agrees that if he shall fail to pay said inde6tedneee or any part theYeof: wheo-; <br />due, or 9ha11 fail to perform any covenant or agreement of this Instrument or the premieebry note secured hertby;-the- <br />etitfre indebtedness hereby secured shall immediately become due, payable, and collectible without rrotice,-at the_ <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry; <br />Bell said property without appraieement (the mortgagor having waived and assigned to the mortgagee all righa of.- <br />appaisement) : - <br />1 t 1 al judicial sale pursuant to the provisions o(28 U.S.C. 2001 (a) ; or <br />(tQ at the option of the mortgagee, either by auction or by eo6eitation of xaled bide,'for the higbseiand <br />beet bid complying with the terms of sale and manner of payment specified in.the pnbliabed »otitt of ask,-fuat'_ <br />giving four weeks' notice of the time, terms, and place of such sale, by advertieement not less than ona~~ <br />during each of said four weeks in a newspaper publiahe+l or distributed in the county in which said property:: <br />is situated, all other notice being hereby waived by the mortgagor (and acid mortgagee, or any-prtaon,on~i <br />• behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sak shall be3 <br />held at or oo the property to be Bold or at the Federal, county, or city courthouse for the cotmty in which the' <br />property ie located. The mortgagee ie hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufRcient conveyance of said property, which conveyance shag contain <br />recitals as 4o the happening of the default upon which the execution of the power of sak herein granted <br />depends; and the said mortgagor hereby conetitutee and eppbints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and at4ornsy in (act o[ said mortgagor to make such recitals and to execute said <br />conveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar al! equity or <br />right of redemption, homestead, doweq and all other exemptions of the mortgagor, all of which are hereby <br />- expreesly waived and conveyed to the mortgagee; or <br />(ut) 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 of a sale as hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants-hoklit~g nv~}• apdahillforthwith deliver possession to the purchaser at such Bale or be <br />eummarily dispossessed, in' aecordaaee :with'.~,tbts.provisiona of law applicable to tenants holding over. The power <br />and agency hereby granted aoe eatpkedsww;th~aii 4rffereat and are irrevocable by death or otherwise, and arc granted <br />ae cumulative to the remedieefor~coReciion ~of~said indebtedness provided M• law. <br />4. The proceeds of any Bale of said property in accordance with the preceding paragraphs shall be applied fiat <br />to psy the caste and expenses of said axle, the expenses incurred by alas mortgagee fur the porpoae of protecting or main• <br />taming said property, and reasanahle attorneys' fees; secondly, to par the indebtedness secured hereby: and thirdly. <br />to pav any surplus or excess to the person or persona legally entitkd~thereto. <br />5. In the event said property is sold at a judicid foreebsure sale or pursuant to the power of Bale herciaabove <br />granted, and the proceeds arc not en6tcient to pay the total indebtedness secured by this instrument and evidwced by <br />said promissory Hots, the mortgagee will be entitled to a deficiency judgment for the amount of the defiwiency without <br />regard to appraiaerrtent. <br />6. ]n the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, <br />charge, fee, or other expense charged against the property, the mortgagee is hereby authorized at his option m pay <br />the same. Any sums eo paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said .:ate, subject m the same terms and conditions. Ii the mortgagor shall pay and <br />dixharge the indebtedness evidenced by said promissory note, and shall pay such swot and shall discharge all taxes <br />and liens and the costa, fete, and expenees of making, coforcing, and executing this mortgage, than this mortgage <br />shalt be canceled and surrendered. <br />7. The covenanb herein contained shall bind and the benefits and advantages shall inure to the rsepective suc• <br />carom and aaaigm of the parties hereto. Whenever used, the singular number shall include the plurd, the plant the <br />eitigular, and tits use of any gander shall include a!! geedera, <br />8. 1Vo waiver of any covenant herein or of the obligation secured hereby eftall at any time thereafter be held <br />to be a waiver of the terms hereof or of the pots secured hereby. <br />9. In compliance with section 101.1(d) of the Rules and Requlationa of the 5ma11 Ruaineu Admiaietration (13 <br />GF.R. 101.1 {d) j, this imtrument is to be epnatrued and enforced in accordance with applicable Federal law. <br />!0. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or un- <br />enforeeabk shall not in any way impair or preclude the enforcement of the remaining proviaioTU or portions of <br />t¢,ie ins-ntgtent. <br />aaA rc,w V1T 1a~Ta) ~ -~ •~- <br />