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80-. U;-~~'>~ <br />3. The mortgagor covenants and agrees that if he shall fail to pay wid indebtedness or any part thereof when <br />due, or shall tail Io perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />etstlre indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the <br />,lo~~,ton of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />wIF~ w6d property without appraisement (the mortgagor having waived and assigned to the mortgagee all righb of <br />ttppnisement } ; <br />I t) at judicial sale pursuant to the provisions of 28 [J.S.C. 200] 1 a) ; or <br />(u) at the option of the mortgagee, either by auction or by solicitation of sealed bids,'for the highcet and <br />best bid complying with the terms of ale and manner of payment specified in the published mtioe d rk. first <br />giving four weeks nmicr of the time, terms, and place of such wle, by advertisement not ter flan on« <br />during each of said (our weeks in a newspaper published or distributed in the county in whkh rid property <br />v situated, dl other notice being hereby waived by the mortgagor (and rid mortgagee, or aey pturea oa <br />behalf of rid mortgagee, may bid with the unpaid indebtedoer evidenced by rid ante). Said wk shell be <br />held at or on the property to be sold or at the Federal, county, or city courthouse [or the county in whie6 the <br />property is located. The mortgagee is hereby authorised to ettcute [or and on behalf of the mortgagor sad to <br />deliver to the purchaser at such wIe a eufl'xient conveyance of rid property, which canveyaeee shall contain <br />recitals r to the happening of the default upon which the ezecution of the power of wk herein graotad <br />deprnds: and the rid mortgagor hereby romtitutes and appbinta the mortgagee or any agent or attorney of the <br />mortgagee. the agent and attorney in fact of said mortgagor to make such reeiub and to ezecuy said <br />conveyance and hereby mvrnante and agrees that the recitah r made shall be eBeetua) to bar dl 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 />1 nt I take any other appropriate action pureunnt to state or Federal statute either in state or Federal <br />court or otherwise for the disposition of the properh~. <br />In the event of a wle r hercinabovr provided, the mortgagor or any prrwn in possession under the mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such wle or be <br />summarih diepoeereaed, in accordance with the provisions of law applicable to tenants holding over. The power <br />and agency hereby grmted are coupled with an interest and are irrevocable 6y death or otherwise, and are granted <br />u cumu6tire to the remedies for collection of wid indebtedness provided by law. <br />4. The proceeds of any wle of rid property in ^eeordanee with the preceding paragraph dull be applied first <br />a pay the eau and ezpenses of rid rte, the ezpenrs incurred by the rortgagee for the purpor of protesting or rain. <br />tuning said property, and reaaotra6le attorneys' tree: seeundly, to pry the indebtedness secured hereby: and thirdly, <br />to pay any surplus or ezcen to the person or persatu legally entitled thereto. <br />5. In the event rid property is rld at a judicial foreeksure rte or purwant to th power of rk hamiaabsre <br />granted, and the proceeds arc not aoieient to pay the teal indobudner secured by eha instrument and evidenced by <br />rid ptsmirery note, the toortgagae will be entitled y • deficiency jttdgment for the atttouat of eM Jefeienry seittort <br />rogard to appniaemewt. <br />6. !n the event the nrortXagor faib to pw soy Federal, date, or local tax asseesmenL inwmr tax or other tax lien, <br />charge, fen or other eaperue charged against the properly, the mortgagee is hereby authorised at his option b pay <br />the ere. Aay sots r paid by the mortgagee shall be added to sad becoate a part of the priaeipal arturunt of the <br />iudebletlrre.. rvidrnrrd br said ante, wtbject to the same terms and conditintu. If the mortgagor shall pry sad <br />discharge the indebinlness evidenced by sail promiswry note, and shall pay such sums and shill discharge all tazn <br />and Iwns and th sets, fees, and expenrs of making, anfon•ing, and executing this mortga~, Ikon this mortgage <br />shall be canceled and wmadrrod. <br />7. The cnveaano 6enin tantained shall bind anJ the bane&ta and advaataRaa shall inuro to the rrpwtfve area <br />warn awl arsipss ~ Ills partir 6aroy. Ahatrrer used. flu wngnlar nttaahr shall ixhtda the phtnl, tbs plural fly <br />finely. ant t-e tsy of say ender shall iwhtd. sU ggden. <br />fk No waiver of rosy sovenan! herein or of the obligation seettred hreby shall ^t soy limo thereafter M hld <br />to lie • waiver of th Mertes Iron[ ar of rho note sseurod hereby. <br />4, le cempUattce with trop[ 101.1 ld) of the Auks and Raguktiotw of the Stall Bttairter Admiaidratiw (1J <br />C.F.R. 181.1(d) j. dtis instrraawi is to ha eessrlrtted sad enforced se ascerdattce with applleabk Fadonl law. <br />10. A jwlkial decree, order, or judg+aent holding any provision w portion of this instrument imdid ar un•- <br />anforceabk shall np in am way impair or proelude the rn(orcereat of the remaining provuium or portions of <br />this iMtrumettt. <br /> <br />