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80.-X04`"71 _ . <br />-_.3. The mortgagor covenente end agrees than if he shall fail to psy eaid_indebtedrea or any part thereof when- <br />-_ dice: or shall fail to perform any covenant or agreement of this instrument or the promissory note secured herby, the <br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or hie assigns may before Drafter egtry <br />xlt`aaid property without appraiaement (the mortgagor having waived and assigned to the mortgagee all rights of <br />appraieement 1 <br />_ 1 t 1 at judicial sale pureuant to the provieione of 28 U.S.f,. 2001(x) ; or <br />(u) at the option of the mortgagee, either by auction or by solicitation of seabed bids, for the highest and: <br />bat bid complying with the terms of Bale and moaner of payment specified in the published notice of Bale, feat <br />giving four weeks' notice of the time, terms, and place of ouch sale, by advertisement not lees than once <br />during each of said four weeks in a newspaper published or distributed in the wanly in which enid property <br />,v situated, ail other notice being hereby waived by the mortgagor (and said mortgagee, or any ptntaq on <br />behalf of said mortgagee, may bid with ilm unpaid indebtednea evidenced by rid note). Said sale shall be <br />held at or oo the property to be Bold or at the Federal, sourly, or city courthouse tot the county in which the <br />property u located. The mortgagee ie hereby authorized to execute (or and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of enid property, which eoaveyanee shall eontaiq <br />recital as to the happening of the default upon which the execution o[ the power of sale henin granted <br />depends; and the Said mortgagor hereby rnnstituta and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make each recitals and to execute said <br />conveyance and hereby covenants and agrees that the recitals eo made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, ail of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />lull take any other appropriate action purouant to state or Federal ntaaute either in state or Federal <br />court or otherwise (or the disposition of the property. <br />to the event of a3ate-as-hereiitxbovr provided, the mortgagor or any Iterson in possession under the mortgagor shall <br />then become and 6e trtianta holding over and shall forthwith deliver poeaeaion to the purchaser at each sale or be <br />summarily diapdssessed, in aceordance with the provieione of law applicable to trnante holding over. The power <br />and agency hereby granted are coupled with an interest and are irrevocable by death ur otherwise, and are granted <br />ae cumulative to the remedies for collection of said indebtedness provided by law, <br />4. The proceeds o(my ale of aid property in accordance with the preceding pangnpha shall be applied tint <br />to pay the casU and ezpeneca of said sak, the expenses incurred by the mortgagee for the purpose of protecting or main- <br />talning said proprrty, and reasonable attornevy frra; srroundly, to pa}' the indebte+lneas ereurrd hereby; and thirdly. <br />to pay any surplus or excess to the person or prreone legally entitled thenta. <br />5. In the event aid proprrty is Bald at a judicid foreclosure sale or punuanl to the power of ale hercinabove <br />granted, and ills proceeds are not wffirient to pay the total indebtedness secured by thin instrument and evidenced by <br />aid promissory note, the mortgagee wil3 ba entitled to ~ deficiency judgment for the amount of the deficiency withostt <br />ngvd to sppniserrtent. <br />5. In the event the mortgagor (ail to pay any Federsl, stutr, nr local tax aseceement, income taz or other tax lien, <br />charge, frr, or other exprrue chargcvl against the property, the nwrtgagrt is hereby authorised at hie option to pay <br />the same. Any earns 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 eamn terms and conditiane. 1f the mortgrgor shall pay aqd <br />discharge the indebtrdnru evidenced by said promissory note, and shall pay rush rums and stroll disehargr all sizes <br />and lien and the ewes, fees, and expenses of making, enforcing, and executing thin mortgage, then this mortgage <br />shall 6e canceled and surrendered, <br />T. The covenan4 henin contained shall bind and the benr6d and advantages ahdl iqure to the respective sus <br />cessnn and assigns of the parties bents ~hettever used, the sutguhtr number shall include the plum, the plant the <br />alttEttlar, and Noe ease of any g~der shall include all gertderr. <br />6. No waiver of any covenant henin or of the obligation seeursd heroby shall at say time thereafter be hold <br />to be a waiver of the terms hereof or of the note second herrbv. <br />9. In ewopliagce with section 101.1(d) of the Ruler and Regulations of the Small Businew Admiaistratioa (I3 <br />GF.R. 101.1(d) j, this instrument is to be eogstrued and enforesd in aeeordsnes with appliabla Fedenl law. <br />10. A judicid detree, order, or judgment holding any provision or portion of this inserument invalid ar un- <br />enforces6le shall not in any way impair or preclude the enforcement of the rcmaieing provision or portions of <br />eh& igsuument. <br />son r... on la-tat <br />