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so- c~c~~~y <br />. 3. The mortgagor covenants and agrees that if he shall fail to pay said indehtedneea or any part thereof when <br />due, or shall fail to perform any covenant or agreement of thin inewment or the promissory note secured hereby, the <br />eittite indebtedness hereby secured shall immediately become due, payable, and rollectible without notice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or hie assigns may before or after entry <br />ee11'said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rights of <br />appiaisementl <br />1+l at judicial sale pursuant to the provisions of ?B U.S.C. 20011a); or <br />(a) at the option of the mortgagee, either by aaMioa or by eodicitation o[ eeakd bide,'for the highest sad <br />beet bid complying with the terms of Bale and manan of payment specified in the published notice of wle, Stet <br />giving four weeks' notice of the time, terms, and place of such Bale, by advertisement not lees than once <br />during each of said four weeks in a newspaper published or distributed in the county in which said property <br />u situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or nay person on <br />behalf of acid mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall be <br />held at or oa the property to be sold or at the Federal, county, or city courthouse for the eaanty in which the <br />property is located. Thx martgagec is hereby authorized to ezecute for and on behalf of the mortgagor and to <br />deliver to the purchaser at each Bate a euificient conveyance of said property, which conveyance shall matain <br />recitals ae to the happening of the default upon which the execution of the power of Bale herein granted <br />depends; and the said mortgagor hereby rnnetitutee and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney is fact of said mortgagor to make such rentals and to ezecute said <br />conveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar all etryity or <br />right of redemption, homestead, doweq and all otherexemptions of the mortgagor, all of which are hereby <br />expressly 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 [or the disposition of the property. <br />In the event of a safe ae hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be <br />summarily diapoesessed, 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 />as cumulative to the remedies for cailection of said indebtedness provided by law. <br />4. The proceeds of nay sale of said property in accordance with the preceding paragnpbe shall 6e applied tint <br />to pay the caste and expenses of said sale. the exper+eee incurred by the mortgagee for the purpose of protecting or maia• <br />raining said property, and rearonable attorneys' fees; secondly, to pay the iudebtedneee secured hereby; and thirdly, <br />to pay any surplus or excess to the ptTSOn or persons legally entitled thereto. <br />5. In the evens aid property is acid st a judicial foreetoeure Bale or pursuant to the power of ease hereinabove <br />granted, and the proteede are not sufficient to pay the total indebtedneee eecurcd 6y this inatroment and evidenced by <br />acid promissory note, the mortgagee will 6e entitled to n deficiency judgment for the amount of the defieienry withottt <br />regard to appnsisement. <br />6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax Tien, <br />charge, (re, or other expctue charged against the property, the mortgagee is hereby authorised at his option to pay <br />the came. Any came eo paid by the mortgages shall be added to and become a part of the principal amours! of the <br />indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and <br />discharge the indebtedness evidenced by said promissory pate, and shall pay such sums and shall dixharge all taxes <br />sad time end the costa, fees, and expenses of making, enforcing, and executing this mortgage, thin this mortgage <br />ehdl be aaneeled and surrendered. <br />7. Tho covenants hemio contained shall bind and the benefits aed advantage. shall inure to the respective suo <br />cerson and asaigru of the parties hereto. R~lteaever used, the singular numlror shall iocludt the plant, the plant the <br />siagttler, and the use of any gender shall include all geaden. <br />B. Nn waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held <br />to 6e a waiver of the terms hereof or of the note sacurod hereby. <br />9. Ia compliance with section 101.1(d) of the Rules and Regulations of the Small Busim:aa Admiaistntion (13 <br />C.F.R. 101.1 (d) ], thin imtruttxnt is to be construed and enforced in accordance with applicable Federal law. <br />lU. A judicial decree, order, or judgment 6oldinq any provision or portion of this instrument invalid or un• <br />en(orceeblt shall not in any way impair or preclude the enforcement of the remaining provisions or portions of <br />this ittstromenl. <br />BM r... 9aT ta-Tl/ ..r ~~. J <br />