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80- ~:;-x~~~r`~ <br />3. The mortgagor covenants and agrees that it he shall fail to pay said indebtedness or any pan thereof when <br />titre. or +hal1 fail to perform any covenant or agreement of thin instrument or the promissory note secured hereby, the <br />ehlire indebtedness hereby secured shall immediately become due, parable, and collectible without notice, st the <br />option of the mortgagee or assigns, regardlees of maturity, and the mortgagee or his assigns may before or after entry <br />sdl said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rights of <br />appnisement 1 <br />III at judicial sale pursuant to the provisions of 28 U.S.C. 2(X11 (a) ; or <br />(tt) at the option of the mortgagee, either by auction or by solicitation of xaled bide; for the highest sad <br />best bid complying with the terms of Bale sad manner of payment specified in the published nodes of wle. final <br />giving tour weeks' nosier of the time, terms, and place of such sale, by advertisement not Ices than once <br />during each of said four weeks in a newspaper publiehell or distributed in the county in which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or say ptuaoa oa <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note}. Said axle shill be <br />held at cr ov the property to be Bold or at the Federal, county, or city connhoux for the county in which the <br />property is located. The mortgagee ie hereby authorised to execute for and on behalf of the mongagor anti to <br />deliver to the purchaser at ouch Bale a sufficient conveyance of said properly, which conveyance shaA eoetain <br />recitals as to the happening o[ the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to a:eeuu said <br />eonveyaare and hereby covenan4 and agrees that the recitals so made shall be effectual to bar ~Il etpai[y or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagoq all of which are hereby <br />expressly waived and conveyed to the mangagee; or <br />I ut 1 take any other appropriate action pursuant to state or Federal statytte-,eitTi4r. fn state or Federal <br />court or otherwise far the disposition of the properly. . _ ~ - <br />In the event of a sale as hereinabove prorided, the mongagor or any person in ~osttfie mongagor shall <br />then become and be tenants holding over and shat! forthwith deliver possessioR=to-rhF purchasrr at such sale or be <br />summarily dispossessed, in accordanre 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 />as cumulative to the remedies for eoilectioa of said indebtedness provided by law. <br />4. The proceeds of any Bale of said properly in accordance with the preceding pangrapha shall be applied first <br />to pay the cwa and expense of said sale, the expenses incurred by the mortgagee for the purpose of protecting or maio- <br />wining said property, and reasonable attorneys' fees; secrosdly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or excess to the person or persona legally entitled thereto. <br />5. la the event said properly is sold at a judicial foreclosure Bale or pursuant to the power of sale hereinabove <br />granted, sad the prneeeda arc not sufficient to pay the total indebtedness secured by thin imtrument sad evidenced by <br />said promissory Dots. the mortgagee will be entitled to a deficiency judgment for the amoum of the deJicimry withcwt <br />regard to apprsisemcat. <br />6. In the event the mortgagor fails to pay any Federal, slats, or local tax assessment, income tax or other tax lien, <br />charge Ire, or other experue charged against the property, the mortgagee is hereby authorised at his option to pry <br />the same. Any sums eo paid by the mortgages shall 6e added to and become a pan of the principal amount w( the <br />indebtedness evidenced by said nose, subject w the same terms and conditions. If the mortgagor shall pry and <br />diaehargr, the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes <br />and lime and the wets, lees, and expenses of making, nnforcing, and executing this mortgage, then this mortgage <br />shill be canceled and surrendered. <br />7. The covenanu herein contained shall 6;ud and the benefits and advantages dtdl inure to the respective sue <br />sassota and assigru of the panics hsroto. Whenever used, the aingulrr number shaft include the plttn4 the plum the <br />tt'tagaiar, acrd t~ sea a! say gaadet shall ituluda aU ~dera <br />8. Pin waiver of any covenant heroin or of thy. obligation secured hereby shall at say time thereafter Fx. held <br />to 6s a waiver of the terms hereof or of the note secured hereby. <br />~. In complieoee with section 101.1 (d) of the Rules sad Regulations of the Small Bmiona Admiaistratioa (13 <br />GF.R. 1011(d) J, this instrument is to be eooatrved and enforced is aecordanae wiUt applicablo Fedsnl law. <br />10. A judicial decree, artier, or judpnent holding any provision or portion of this instrument invalid or um <br />enforceable shall rtot in any way impair or preclude the enforcement of the remaining provisions or porliom of <br />thii instrument. <br />ass For. 9rl IMra` Ct. ~!! ]"+~w <br />