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80-- t, ~~ -~ ; 7 <br />3. The mortgagor rnvenants and agrees that if 6e shall tail to pay etid indebtedness or any part thereof when <br />dtse. of vhall fail to perform any covenant or agreement of this instrument or the promissory note secured henby, the <br />entire indebtedness hereby necurcd shall immediately bernme due, payable, and collectible without notitt, at the <br />~m of the mortgagee or assigns. regardless of maturity, and the mortgagee or his assigns may before or after miry <br />rdf said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rights of <br />agrpnisemmt 1 <br />I t 1 at judicial sale pursuant to the provisions of 28 U.S.f,. 2001(x) ; or <br />(et) at the option of the mortgagee, either by auction or 6y eolieitatioo of sealed bids,~for the higlaast sad <br />boat bid complying with the terms of sale and manner of payment specified in the published notix of wk, Ent. <br />giving four wroks' notice of the time, terms, and place of each wle, by advertisement not less than scree <br />during each of said (our weeks in a nevvspsper published or <listributed in the county in which slid property <br />o situated, all other notice being hereby waived by the mortgagor land said mortgagee, or say ptasaa ors <br />behalf of said mortgagee, may bid with the unpaid indebtedtuw evidenced by said Dolt). Said wk shall Ira <br />held at or oo the property to be Bald or at the Federal, county, or city trourthotrse for the rntmty is which the <br />propertyu located. the mortgagee u henby authorised to execute for sad on behalf of the mortgagor and to <br />deliver to the purchaser at such ale a eulficient conveyance of said property, which ooavtyanee shah eantain <br />nciub u to the happening of the default upon which the execution of the power of sak 6emio granted <br />depmdr, and the said mortgagor hereby constitutes and appoints the mortgagee or say agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such ncitab and to a:scare said <br />oonveyaoa and henby covmanu and agrees that the recitab so made shaft 6e eQeewal to bar aft egaiq a <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which an henby <br />expressly waived and conveyed to Iho mortgagee; or <br />1 m I take any other appropriate action pursuant 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 axle as hereinabeve provided, the mortgagor or any perwn in possession under the mortgagor shall <br />then become and be tenants holding aver and shall forthwith deliver possession to the purchaser at such sak or be <br />wmmuily diapoexeased, in accordanrr with the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and an irrevocable by death or otherwise, and are granted <br />n eumulalive to the remedies For collection of said iodeMtdness provided br law. <br />4. The proceeds of any wk ~ said property in aceotdaacr with the preceding paragnpM shall 6e applied Ent <br />is pq the cats and expertsas of wid sale, the e:pcaaa iaaurrad by the mtxgagee for the purpose of protecting or maio~ <br />twining snot property, and roarertable attorrteyi fees: secondly, to pay the indebtedner securrd hereby: and thirdly, <br />to pay any surplus or exttss to the person or persons legally entitled ehereto. <br />5. in the event said property is sold at a jadieial feeaelown .ale or punuwt to the pstrer of wk hereinabove <br />grawted, awd the proceeds sn not wlieieat to pay the tool indebtedner second by this itsstrutneut and evidenced by <br />acid pramirory note, the mortgagee will lee entitled to .deficiency jttdgtaent (or the antouat of the dsFriewry srlrfrant <br />regred to appnisemssrt. <br />b. In the event the mortgagor fads to pay any Federal, state, or local ux assesamenL income tax or other tea lien, <br />charge, fre, ur other rxpettse charged against the yroperty, thr mnrtgagee is hereby authorised al hu option to pay <br />rho wme..4ny soma so paid by the mortgagee shall he added to end become r pan of the principal amauot of the <br />indebtednee. evidenced by said trots, avbject to the same terms and eonditiotw. If the mortgagor shalt pay and <br />dMcharge the indebtedness evide.:^ed by said promissory note, and stall pay such wens and shall discharge all testa <br />nerd liana and the costs, fees, and rxpensts of making, enforcing, and rarculing this mortgage, then this mongrge <br />shag 6a canceled and wrrtnrkrcd. <br />7. TM covosawY hettsirt eosWirtad shall bind and the benebu and adwntattsa shall inure to the respatNire ana <br />assents and assipr of the panty haters. ~+ltsaerer teed, the sugnlar nttm-er shag isehrde she plnnl, tM plaral the <br />ring*Mr, sad tbs tw of asy gantMr Jtall inaltait aH pndsn. <br />q. IVo waiver of say covenant heroin or of the obligation secured henby shall at am time thereafter fw igld <br />a Ae • waiver of the fetes hereof w u( the note traced herebr. <br />9, la caaplianee with section 10l.1 f d) of the Rnlso and Regulation of tfa Small Btuinsrs AdtrtiwLtrstlrta (l1 <br />C.F.R. 101.1ld) I. ~• iaaMeammt is to bo caaMrued sad enforced in aeeordawa with applkabM Fedaesl law. <br />!Q. A judicial Beene, order, or judgment holding any pnviaion or portico of Chia ittstrorttent invalid or urr• <br />swfasceabk shall not is car way impair w preclude the enforcement of the remaining provision or portiooa of <br />tlti- inurument. <br />sox -e.~ qr ta-rat .~ . ,,, <br />