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~o-u~~7a~ _ ,~ <br />.. :- -3. The mortgagor rnvenante and agrees that if he shall fail to pay said- indebtedness or any part thereof when <br />else;, or shall fail to perform any covenant or agreement of ihis:itietroment or the promissory note secured hereby,, the <br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at-rite <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may 6e[orc or after entry <br />sell'eaid property without appraisement (the mortgagor having waived and assigned to the mortgagee ail rights of <br />appniscmenti: <br />i I) at judicial sale pursuant to the provisions of 28 U.S.C. 2001(a) ; or <br />Qq at the option of the mortgagee, either by auction or by solicitation of ee^kd bide,'for the highest and <br />beat bid complying with the terms of sale and manner of payment epeciSed in the published ttotfce of atlhq firi4. <br />giving four weeks' notice of the time, terms, and place of each sale, by advertisement not lees than once,; <br />during each of said tour 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 (md said mortgagee, or any person ~' <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said eaht shall ba <br />held a or on the property to be Bold or at the Federal, county, or city rnurthoux for the county in which the- <br />property ie located. The mortgagee ie hereby authorised to execute for and on behalf of the mortgagor and to:~ <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance ahaB rnMaia-- ~~ <br />reeitaL ae to the happening of the default upon which the execution of the power of eak herein gtynted ~~~. <br />depends; and the said mortgagor hereby conetitutee and appoints themongagce or any agentor attorney of the ~~ <br />mortgagee, the agent end attorney in fact of said mortgagor to make each recitals and to ezeente said <br />conveyance and hereby covenants and agrees that the recitals so made shall be eHectaal to bas all etprity of <br />right of redemption, homestead, dower, and all other exemptions of',tlie mortgagor, all of which arehercby <br />expressly waived and conveyed to the mortgagee; or '~ <br />(utl take any other appropriate action purouant to state or Federal statute either in state or Federal <br />court or otherwise for the disposition of~the property.`°~ <br />In the event of a sale as hercinabove provided, the mortgagor or am person in poseeeeion under the mortgagor shell <br />then become and be teoaWS-hofdirt~~ttveraFi~tj'sTt'atl forthwith deliver possession to the purchaser at such sale or be <br />summarily diaposseeeed,' in ~ aceUi~ailce. w%tIF. the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted art coupled with an interest and are irrevocable by death or otherwise, and are granted <br />as cumulative eo the remedies for collection of said indebtedness provided by law. <br />4. The proceeds of any uk of said properly is accordance with the preceding, paragraphs shalt be applied first <br />to pay the casts and ezpema of said sale, the expenses ineurrcd 6ythc mortgagee for the purpose of proteasting or maia>- <br />taininq said property, and reasonable attorneys' fens; secondly, to pay the indebtedness xecurrd herebv; and thirdly, <br />to par any surplw or excess to the person nr persona legally entitled thereto. <br />5. In the event aid property is sold at a judicial foreclaaurc sale or pursuant to the power of sak hercinabore <br />granted, and the proceeds are not svllTcieot to pay the total indebtedness eecurcd 6y this inatrumeat and avideacai by <br />said promissory note, the mortgagee will be entitled to • deficiency judgment foe the amount of the dejteiewey uritkort <br />regYd to sppreisetnent. <br />ti. In the event the mortgagor faih to pay any Federal, stale, or local tax aeaeeement, in.rome tax or other trx tins, <br />charge, fee, or other expettee chargeaf against the property, the mortgagrr is hereby authorised at his option m pay <br />the acme. Any sums eo paid by tha mortgagee shdl6e added to and become a part of the prinoipal amount o[ the <br />indebtedness evidenced by said [tote, subject to the same terms and cmulitinne. [f the mortgagor shall pay and <br />diaoharge tbt indebtednrve rvidencr.l by acid promissory note, and shall pay sash some and shall Jiecharge all tun <br />sad liana and the rusts, fens, and expenses of making, rnforcinq, anJ executing thin mortgages then this mortgage <br />shall ba eaneekd sad suremtdered. <br />7. 'Che eovanaap heroic caa4iaed shall bind and the benefits amd advaaugas rhall laura to the respeouve attc- <br />earpn sad aaaigtw of the parties harcto. $thanever used, the singular attatber shall include the plural, the plural Iha <br />t~gelar, the ~ ~ any gender shall iselitsllt all gsadars. <br />6. No waiver of say eovenaat hercia or o(the obligation secured hereby .hall at any times thereafter be hebl <br />to be a waiver of the tertm hpreo! or of the rots speared hereby. <br />4. In raapliattce with seption 101.1 fd) of the Rule. and Regulatiow of the Small Busittew Adminiuratiau (1J <br />C.I.R. ldl,l tell ). this ittatruataat is to ba tmarued sad enforced in aceordattoe with appWuble Fedenl law. <br />10. A judicial decree, order, or judgment holding any provision or portion of this inNrument invalid or un• <br />eafaaxeabk shall rtot is say way impair or proclude the enforcement of the remaining provi.iatu oc portiotu of <br />Ihia iwitrtlmeal, <br />ass i~ Yfr If-ial ~ ~ ~~ ~ ~' ~'~ <br />