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<br /> <br />3. The mortgagor covenanie and agrees that if he shall tail to pay said iodebtedneee or any partthereof when <br />due, or shalt tail to perform any covenant or agreement of this instrument or the promissory note eeeured, hereby, the <br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without mitt, at-t7te <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his aeeign may before or after entry <br />ee$ said property without appraixment (the mortgagor having waived and assigned to the mortgagee all rightrot <br />appraieement): <br />_ 1 t ~ at judicial sale pursuant to the provisions of 28 U.S.C. 2001(a j ; or <br />(n) at the option of the mortgagee, either by auctioa or by eolicigdon of sealed bids,•for the bights[ and <br />beet bid complying with the [alma of Bale and manner of payment epeciSed in the published notice of ask, first <br />giving (our weeks' notice of the time, terms, and place of such Bale, by advertixment not leas than mtt <br />dnring each of said four weeks in a newspaper published or distributed in the county in which said property <br />ie situated, all other notice being hereby waived by the mortgagor (and acid mortgagee, or any ptnaon-on <br />behalf of said mortgagee, may hid with the unpaid indebtedness evidenced by said Holt). Said-- eak shall be <br />held at or oo the property to be sold or at the Federal, county, or city courthouse for the county in which the <br />property ie located. The mortgagee ie hereby authorized to execute for and on behalf of the mortgagor and Eo <br />deliver to the purchaser at each sale a sufficient conveyance of said property, which conveyantt shall congin <br />eeeitale as to the happening of the default upon which the ezecutioa of the power of sale herein granted <br />depends; and the said mortgagor hereby conetituten and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in (act o! said mortgagor to make such recitals and to ezecute said <br />rnnveyance and hereby covenants and agrees that the recitals eo made shall be effeMna) to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />tut) take any other appropriate action pursuant to state or Federal statute either in etaie or Federal <br />court or otherwise for the disposition of the property. <br />In the event of a sale as hereinabeve provided, the mortgagor or any person in possession under the mortgagor ehafl <br />then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be <br />summarily diapnAeeseed;"iti 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 eoiiection of said indebtedness provided by law. <br />4. The proeeede of any_eale of.trttid property iaaeeordanee with the preceding paragnphe shell be appUed fint <br />to pay the costs and ezpenses of said ask, the ezpeeees incurred by the mortgagee foe the purpose of protecting or main• <br />twining said property, and reasonable aaorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or exceee to the person or persons legally entitled thereto. <br />5. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of Bale heninabove <br />granted, and the proceeds arc not eu8ieient to pay the total indebtedness eeeured by this inetrtrmeat and evidenced by <br />said promissory pole, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency eeitFnttt <br />regard [o nppnisement. <br />6. In the event the mortgagor tails to pay any Federal, state, or local [ax assessment, income tax or other tax lien, <br />Charge, fee, or other expense charged against the property, the mortgagee ie hereby authorized at his option w pay <br />the same. Any some eo 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 terms and eunditiona. (f the mortgagor shall pav and <br />discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes <br />and liens and the coats, fete, and expenses of making, enforcing, and executing thin mortgage, then this mortgage <br />ebill be canceled and surrendered. <br />7. The wvenana heron congined shall bind and the benefits and advantages shall inure to the respective euc• <br />casson and aeeigtu of the parties hereto. Whenever used, the singular number shall include the plural, the plan) the <br />siagulu, and the tae of soy gender shall include all genden. <br />8. No waiver of any covenant herein or of the obligation wound hereby shall at any time thereafter be held <br />to be a waiver of tht terms hereof or of the note secured hereby. <br />9. In compliance with section 101.1 (d) of the Rules and Regulation of the Small Businew Administration (13 <br />GF.R. IOI.1(d) ], this irts4ument is to be construed and enforced io accordance with applecabk Federal law. <br />10. A judicial decree, order, or judgment holding any provision or portion of [hie instrument invalid or un• <br />enforceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of <br />this it~>:rament. <br />aaA P~ti gtT fa-18) „p, _~• ~y, <br />