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80-- E104'~ 5 i3 <br />3. The mortgagor mvenanta and agrees that if he shall fail to pay acid indebtedness or any part thereof when <br />due, or shall fail to perform any covenant or agreement of thin instrument or the promissory note secured hereby, the <br />ent$e indebtedness hereby secured shall immediately become due, payable, and collectible without-antics; at the <br />optbn of the mortgagee or assigns, regardleaa of maturity, and the mortgagee or his assigns may before or after entry <br />sell=`uid properly without appraiaement (the mortgagor having waived and assigned to the mortgagee all rights of <br />oppraisement 1 <br />I t t at judicial sale pursuant to the provisions of ZS U.S.C. 2001 I a) : or <br />(n) at the option of the mortgagee, either by auMion or by eolieitatioa of sealed 6ida,'for the highest and <br />beN bid complying with the terms of Bale and roamer of payment specified in the publabed rtotioe of saka first <br />giving four weeks' notice of the time, terms, and place of such sale, by advertixment not leas 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 nolitt being hereby waived by the mortgagor (and said mortgagee, or any penan m <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said uk shall be <br />held at or oo the proprrtr to be Bold or at the Federal, county, or city courthouse for the county in which the <br />property is located. The mortgagee is hereby authorised to ezeeute (or and on behalf of the mortgagor and is <br />deliver to the purchaser at each ede a suificieM conveyance of said property, which conveyance shall cootaia <br />recipL v to the happening of the default upon which the execution of the power of sak herein grzaated <br />depemde, and the said mortgagor hereby corrntitutee and appbinta the mortgagee or any agent or utorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make each recitals and eo ezeeute said <br />cottveyaoce sad hereby mveaants and agrees that the recitals w made shall 6e effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all a( which are hereby <br />expressly waived and conveyed to the mortgagee: or <br />Uul take any other appropriate action pursuant to state or Federal statute either in elate or Federal <br />coot 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 he tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be <br />eummarilr dispossessed, 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 irrcvocabk by death or otherwise, amd arc granted <br />as cumulative to the rcmrldid for coiketiaat of sad indebtedness, provided by law. <br />0. 77ee proceeds of any sak of raid lroperty is accordance with the prccediag paragnplu shall he applied 5rq <br />to pay tha mats .nd expenses of raid wk, the e:pewes incurred by the martgagae for the purpose of protecting or main <br />tainiag card property. and reswnabk attoroevs` fern: serotrdly, Co pay the indebtedness second harcby: sad thirdly, <br />to par say enrplm ar ezerr to the person or persons legally rntitkd tharrto. <br />5. Ia the event said properly v sold at • judicial foreclwure ale or pursuant to the power of uk hereieabove <br />grated, and the proceeds ate not suQreient to pay the total indebtedrter secured by thu inatrnreeai and evidenced by <br />acid prowissory sees the raerlgagee will be eaiitkd to + defieierrey judgment !err the amount of the dejicieary wuhoar <br />regav+d to apprai«arn.r. <br />h. In the event the mortgagor sails to pav my Federal, state, or (oral tax assessnrrnt. rnromr tax or other tax lien, <br />charge, frr, or Whcr raprnse chanted agaiml the property, tha taurtgagex is hereby authorised at his oyliun w pay <br />the aae+e..1ay same ro paid by the mortgagee shall 6n added to and become a part of the principal amount of for <br />indebtedns+a evidenced by .aid cote, subject to the same terms and ronditioru. li the rnoAgagw shall pav sad <br />dtacharge the indebtedness evidenced by said promiswry note, amt ehnll pat ouch sums amt shall discharge nll aces <br />sad lions and the cost, fees, and rapertaea of making, enforcing, end ezecuting this mortgage, then this mortgage <br />shall be eaaeelro-d and wrrendercd. <br />7. TM coveoasls 6eteu arsuirrad ahaU 6iwd sad the benefits and advaatattes shall inure to the rapeeure sttc- <br />easaaea sled assipa d the pariisa 6arew. Aheaevn wed, the aiagukr nusabsr shall ieehrde tha plural, the plural the <br />'• and the use a[ say ~r shall ~ aN gatdrrrs. <br />0. No waiver of wy mveaant hernia of of the obligation secured hereby shall at sue time tbemltrr be held <br />to ba • waiter of the term hereof or of the note secured hrnbr. <br />4. la co~pliataee usith aaetien I Ot. f 1 d 1 of the Ruks wd Reguktiom of the Guall Business AdmiaiNratioa [ 13 <br />C.F.R. lYl.l(d) ). tltia ilaalttraaaat n N 6a eaawraed sad eafor+ed u aecerdaaae with appliabk Federal kw. <br />10. A jadkial decree, order, or jutlgaseet holding soy provision or portion of this irutrvment invalid or ue• <br />et~arcetthk aMR trot is awy wn impair or preclude the enforeemem of the rcmaiaitrg proviuorw or portions of <br />this ittaUu~ent. <br />eras /... pt Ir-rrl <br />