~~--~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 />
|