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~~--~U5Q4f <br />3.The mortgagor covenants aced egress that if }te ehall`fai~ to pay said indebtedncsa_or'any-part'tliareaf tehi~,t <br />d'u'e, or shall fail to perform nay covenant or agreement of thiainstrument or the promiswrv note secnred:hcttby, tI~ <br />1 <br />elpfre iadebtedneee hereby secured shall immediately became due, payable, and collectible without natitx~ at the <br />opeioreraf the mortgagee or assigns, regardless of maturity, and;tlie mortgagee or his assigns may before or aftEr entry <br />ae1T;-rid property withouWappraisement (the mortgagor having waived and assigned to the mortgage[ al] righis'of <br />ap$xaraenteeti <br />1 t) st judicial sale pursuant to the provisions of 28 L'.S.C. 20[11 i a) : or <br />gin) at the option of the mortgagee, either by auction or by solicitation o[ sealed Lida,~for the~highertar8 <br />beat bid-complying with the terms of sale and manner of payment specified in the pnbliabed noticcef oak,-&t~t <br />giving font weeks' notice of the time, terms, and place of such sale, by advertisement not Ixes-than onmt <br />dueiag each of said four weeks in a newspaper published or distributed in the county in which said propertj• <br />•- is sittrted, all other notice being hereby waived by the mortgagor (and said mortgages, or an)_°paeaoa Nt <br />behalf of acid mortgagee, may bid with the unpaid indebtedness evidenced by said Hate). Said isle shallbe <br />held at or on the property to be sold or at the Federal, county, or city courthouse for the county iti which dfe <br />property v located. The mortgagee ie hereby aathoriud to execute for and on behaf[ of the mortgagor and to <br />defiver to the purchaser at such Bale a sufficient conveyance of said property, which conveyance shall eoataia <br />reeitaL r to the happening of the default upon which the execution of the power of Bale herein greeted <br />depends; aed the said mortgagor hexhy cotutituta and appbiata the mortgagee or any agen^ or atterney of the <br />atortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to a=scale said <br />coa~eyanee and hereby covenants and agrees that the recitals so made shall 6c e$eetual to bar all equity or <br />right of redemption, homestead, doweq and all other c~emptions of the tortgagor, all of which as hereby <br />ettpreasiy waived and eoaveped to the mortgagee; or <br />tut) take any other appropriate action pun+uant to state or Federal statute either in state or Elders] <br />court or otherwise for the disposition of the- property. <br />In the event of a sale as hereinabove provided, the mortgagor nr any person in possession under the mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such oak or be <br />sammarily dupoeaeased, in aeeordanee--with the provisions of law applicable to tenants holding over. The power <br />and agency hereby granted are coupled.-xitlt'an interest and are irrevocable by death ar othe:wise, and are granted <br />u eamulative to the remedies for tanleetiaa'of said indebtedness provided by law. <br />4. The preexeds of any sale of acid propsrty io accordance with the preceding paragraphs shall be applied first <br />to pay the eoau aed eapeeams of said a.k, the expenses incurred by the mortgagee for the parpose of protecting or main- <br />tsiwing said property. and reasonable attorneys' Feea; secondly,-io pay •he indebtedness secured hereby; and thirdly, <br />ro pay any surplus or excess to the person or persona legally-tatitled thereto. <br />S. Ia the eves[ acid property is sold at s judicial foreclosure sale .or punttsnt ta, the power of safe hereinabove <br />granted, and the p»eeeds ax not su$icicat to pay the total iadebtedrns.s secured by this instrument and evidenced by <br />rid prnsairsry note, the mortgagee will be entitled to + defieieeey judgment for the anon[ of the delGt9estry toitkora <br />to epprrisattent. <br />6. In the event the mortgagor fail to pay any Federal, elate, or local tax assessment, income tax or other to lies. <br />charge, fee, or other cxpetne charged agaitnt the property, the mortgages is hereby authorised at his option to pay <br />the sane. Any eases so paid by the mortgagee sltal! be added to and become a part of the principal amount oI the <br />i~rbtednesa evidenced by said note, subject [o the name terms and conditions. If the mortgagor shall pay and <br />discharge the indeLtednKas evidenced by said promissory note, amt shall pay such sums and shall discharge all tazd <br />and liar and 2Lc coals, tees, and expense- of nuking, enforcing, and executing this mortgage, then this mortgage <br />ahdil bit eaieefEd and sur:eadered. <br />7: Tlr esvaaaa4 herein contained ehaA Lind and the bonefita sad advantages shall inure to the respective stte- <br />owats-ant rsips of thspartiea h~ete. lWltenersr used, t3tc aittguLr nurber shaD iaelode the plteral, the plnrrl the <br />ryniatr. ant tie aaa of atq gamer.haU ioelade aH geaden. <br />fl. itTw waiver o[ say covenant 6ereia o~ of the obligation secured heroby shall at any time thereafur be held <br />M La a raivu of the ta;ra hereo[ or of the Hate saeurod hereby: <br />9, IaeawywafoacawitLseeAiaai01.1(d) ottbeRisksud Regulations of the Small ®usiness wdtaiaistration (13 <br />GF.R 111,11JI }` tif. w to be earrlrned sad enforced is aeeordaaee with applicable Federal law. <br />!9, A jr~3cttl'daeraa, order. or jud®weat holding say proviaioa ar portion of this iostrimrnt invalid or an- <br />wfistte~ltie ~;;ut, 4,a~ys weiy iwpair or ptscltade the enforcesneat of the remaistigg provisions ar portiau of <br />111ia _ _ <br />nsv r..s. »i ta-nt ., ~~ <br />