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~~-° ,-, <br />t; . f ~3 4 r <br />- 3. The mortgagor covenants and agceee that if he shall fail to pay said indebtedness or any part thereof when <br />due, or shall (ail to perform any covenant or agreement of thin instrument or the promissory note secured hereby, the <br />eiitim indebtedness hereby secured shall immediately become due, payable, and collectible without noticq at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />nett said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rights of <br />appraisement 1 <br />1 t I at judicial sale pursuant to the proviaione o(28 U.S.C. 2001 (a) ; or <br />(u) at the option of the mortgagee, either by auction or by solicitation of sealed bids,`for the highest and <br />best bid complying with the terms of Bale and meaner of payment epeeified in the published aotia of Bale, fist <br />giving Four weeks' native of the time, terms, and place of such sale, by advertisement not lees than once <br />during each of acid four weeks in a newspaper published or distributed in the county in which said property <br />ie situated, ail other notice being hereby waived by the mortgagor (and said mortgagee, or any penoa oa <br />behalf of esid mortgagee, may bid with dte unpaid indebtedness evidenced by said outs). Said Bale shall 6e <br />held at or on the property to be Bold or at the Federal, county, or city courthouse for the comty in which she <br />property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at ouch sale a sufficient conveyance of said property, which conveyance shall rnataia <br />recitals ae to the happening of the default upon which the ezeeution of the power of yak herein granted <br />depends; and the said mortgagor hereby ronetitutea and appbinta 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 sod hereby covenants and agrees that the recitals eo made shall be effectual to bar dl equity or <br />right of redemption, homestead, deweq and all other exemptions of the mortgagoq all of which one hereby <br />expressly waived and conveyed to the mortgagee; or <br />f m 1 take any other appropriate action pursuant to state or Federal sta_ tyte eitFier.. in slate or Federal <br />court or otherwise for the disposition of the property. - - <br />In the event of a sale as hereinabove provided, the mortgagor or any person intpo- ~e)6QetNy~t~`u~`e+i%tfie mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver possesaio4 to-lhE purchaser at each sale or be <br />summarily diapowvesaed, 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 irrevocable by death or otherwise, and are granted <br />u cumulative to the remedies for collection of avid indebtedness provided by law. <br />d. The proceeds of any wle of said property in accordance with the preceding paragraphs shall be applied Snt <br />to pay the cost and expenses of said sale, the ezpeneea incurred by the mortgagee for the purpose of protfcting or mafa• <br />taming said property, and reaaonablc attorneys' lees; secondly. to pay the indebtedness secured hereby; and thirdly. <br />to par any surplus nr excess to the person or persona legally entitled thereto. <br />5. In the event said property is sold at c judicial foreclosure sale or puruuant to the power of Bale hereinabove <br />granted, and the proceeds arc not sufficient to pay the total indebtedner secured by this imtrument and evidenced by <br />said promissory Date, the mortgagee will be entitled to s deficiency judgmem for the amount o! the defuiency taitltaut <br />regard /o appc+aiaement. <br />6. In the event the mortgagor (ails to pay any Federal, state, or local tax aeeeaemem, income tax or other tax lien, <br />charge, fee, or other a:panne charged against the property. the mortgagee is herebv uutharized at his option m pa. <br />the acme. Any some so paid 6y the mortgagee shell be added to and become a part of the principal amount of the <br />indebtedness evidenced by wid note.. suhject to the same terms and ronditimts. If the mortgagor shall pay sod <br />disehargr the indebtedness evidenced by said prmniaaory note, and shall pay such sums and shall discharge all taxes <br />and liens and the costa, fees, and expenses of making, enforcing, and executing dos mortgage, then this mortgage <br />shat! be canceled and surrendered. <br />7. The covenants heroin contained shall bind and the benefits and advantages shall inure to the respective sno- <br />ceron and assigns of the partia hereto. Whenever used, the singular number shall include the plura4 the plttnl the <br />aftigttlaq and the tree of nag gender ahrl! ittelnde ail genders. <br />& No waiver o[ any covenant herein ar of the obligation secured herebv shall at any time thereafter be held <br />to be a waiver of the terms hereof or of the note securod herebv. <br />9, in compliance with eeetion 101.1 ldj of the Rules and Regulations of the Smell $usiads Adminis[ntioo [33 <br />C.F.R 101.1(d) J, thin itatrumeat ;• to be eoastrued and enforced in accordance with applicabk Federal law. <br />f0. A judicial decree, order, or judgment hotdiag any provision or portion of this instrument invalid or um <br />enforceable shall not in any way impair or proclude the enforcement of the remaining provisions or portions of <br />this instrument. <br />w v.~ a:r ,s-rm .P ~~ ~~, ~ti. <br />