Laserfiche WebLink
80-- uC~4651 . <br />-- 3. The mortgagor covenants and agrees that if he shat} fail to pay said indebtedness or any part thereof when <br />duG oe shall tail to perform any covenant ar agreement of rota instrument or the promiesery note secured hereby, the <br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the <br />optiaart of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />etill'said property without appraiaement (the mortgagor having waived and assigned to the mortgagee al! rights of <br />appsafsement) <br />ttJ at judicial sale pursuant to the provisions of 28 U.S.C. 2001(a); or <br />(a) at the option of the mortgagee, tither by auction or by solicitation of sealed bide, for the highest attd- <br />best bid complying with the terms of sale and manuer of payment specified is the published notice of sale, first <br />giving four weeks' nottce of the time, terms, and place of such ease, by advertisement not lase 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 ~. <br />behalf of said mortgagee, may bid wish rho unpaid, indebtedness evidenced by said note). Said axle shall fie <br />held at or oo the propert}• to be sold or at the Federal, county, or city roarthouse for the county in whickthe <br />property u located. The mortgagee ie hereby authorized to execute for and an behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which eonvepance shat! rnntain <br />reciiala as to the happening of the default upon which the execution of the power of Bale herein granted <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to. make such recitals and to execute maid <br />conveyance and hereby covenants and agrees that She recitals so made shall be eHeetual to bar all equity':or <br />right of redemption, homeetead, dower, and all other exemptions oP the mortgagoq all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />hul take any other appropriate action pursuant to state or Federal statute either ir, state or Federal <br />court or otherwise for the disposition of the property. <br />[n the event of a sale ae hereinabove provided»,.the.mortgagor or any person in poeArasion under the mortgagor shall <br />then become and be tenanta.,holditrg'~bver and<ahnB forthwith deliver posseavion to the purchaser at such sale or be <br />eummarily dispoeseesed,..ia~.aecor~a~t,Ce, with'the provisions of law applicable to tenants holding over. The power <br />aqd agency hereby granted are,cqup~ed .with an interest and are irrcvocabie, by death or otherwise, and are granted <br />as evmulative to the remedies fer-colfection of said indebtedness provided by law. <br />4. The proceeds o[ any sale of acid property is accordance with. the preceding paragraphs shall fie applied first <br />to pay tot cosh and expenen of said Bale, the expenses incurred by the mortgagee for the purpose of protecting or main• <br />raining Acid property, and reasona6ie attorneys' fees; eceundly, to pay the indebtedness secured hereby: and thirdly, <br />W pay any surplus or exce~ !.o the person or persons legally entitled ihtmto. _ <br />S. In the event said property is wld at • judicial foreclosure Bale or pursuant to the power of eak hereinabove <br />granted, and the proceeds ax not euBteient to pay the total indebtednem secured by this inetrttment and evidenced by <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency witftostt <br />regard to apprewement. <br />6, In the event the mortgagor fails to pay any Federal, state. or local tax aseessmeM, income tax or other tax lien, <br />charge, fee, ur other expense charged against the property, the mortgagee is hereby authorized at his option to pay <br />the same. Any come so paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, subject to the, same rectos and conditions. If the mortgagor Ahall pay and <br />discharge the indebtedness evidenced by Aaid promissory note, and shall pay such sums and shall discharge all tares <br />and liens and the costa, teen, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall fie canceled and eurrendtred. <br />7, The covenants herein contained shall bind and the benefits and advanlagee shall inure to the respective sue <br />ceesen and sseigns of the parties hereto. Whsnever used, the singular number shall include the plural, the plural the <br />singular, and the nae of soy gender shell include all geadere. <br />8. Nn waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter he held <br />to fie a waiver of the terms hereof or of the note secured here6v. <br />9. In rnmplimce with section 101.1 (d) ~f the Rules and Regulations of the Small Business Administration [ 13 <br />C.F.R 101.1 (d) ), this instrutneot is to he construed and enforced in accordance with applfuble Federal law. <br />10. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or un• <br />enforecable shall not in any way impair or preclude the en[orttment of the remaining proviaiottn or portions of <br />this fuatntment. <br />aas i~~ 9tT tYTa/ .r u ~aH >!h <br />