Laserfiche WebLink
80-Ua~298 <br />,_ 3. The mortgagor covenants and agrees that if he shall tail to pay said indebtedner or any part thereof when <br />dn% or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />eiuire'indebtedness hereby secured shall immediately beeotne due, payable, and collectible without notice, at the <br />ttrtiortof the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />sel!''said property without-appraisement (the mortgagor having waived and assigned to the mortgagee all rights of <br />ttp*taiicmeat } <br />1 t 1 at judicial sale pursuant to the provisions of 28 U.S.C. 2001 (a) : or <br />(n) at-the option of the mortgagee, either by aaetion or by solicitation of eeakd bids,'for the 6f~est and <br />beat bid caatplyiag with the terms of sak sad mamer o[ payment specified in the published Mice of ask, fitat <br />giviaa four weeks' notice o[ the time, terms, and place of such ease, by advertisement not leas than oast <br />during each`of-said four weeks in a newspaper published or distributed in the county in which said property <br />L sitaated, aU ether notice bciag hereby waived by the mortgagor (sad said mortgag~'or soy penan on <br />behalf of said awrtgsgee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall be <br />held at or oa the prnperty to be sold or at the Federal, county, or city courthouse [or the eountp in which the <br />property is looted. The mortgagee ie hereby authorized to execute for and on behalf of the mortgagor and to <br />deliver W the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain <br />reeltals a• to the happening of the default upon which the execution of the power of Bale herein granted <br />depends; and the said mortgagor hereby rnwtitutes and appoints the mortgagee or any agent or attorney of the <br />saoetgageq the agent sad attorney is fact of uid mortgagor to make such recitals and to execute said <br />eon-eyance and hereby mvenaots sad agrees that the recitate so made shall be effectual to bat all equity or <br />right o[ redemption, homeduad, dower, and all other exemptions of the mortgagor, ail of which are he._by <br />expressly waived and conveyed to the mortgagee; or <br />(eU} take am other appropriate action pursuant to state ar Federal statute either in state or Federal <br />court or otherwise for the disposition of the properly. <br />In the event of a sak ar hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become sad be teoaab holding over and shall forthwith deliver possession to the purchaser at such sale or be <br />summarily dupowiessed, in accordance with the provisions o[ law applicable to tenants holding over. The power <br />sad ageaey hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted <br />L eama6ttYC to the remedies for caileetioq, of said indebtedness provided by law. <br />4. The preeeeds of soy sak of acid property in aeeordana with the preceding pangnphs shall be applied loaf <br />to pay the scab ad e:ptatres of said sak, the eapetres inearred by the mortgagee (or the pnrpoae of protecting ormain- <br />taiaing said property, and reasonable attorneys' fees; aecondty, to pay the indebtedness secured hereby; and t6ird_ ly, <br />to pay any surplus or excess to the person or persona legally eatitkd thereto. <br />5. In the tstat wid property i. sold at a judicial foraelosure sale or pursuant to the power of ask hereiaabove <br />granted, and the preoeeds au east sngiieient to pay the total indebtedner secured by this instrument sad evidenced by <br />acid proaaiaaary note, the mortgagee will be eatitkd to +t defieieaey judgsaeat for the amount of the sfeFeiewcy toitAors <br />nffmd to aAPtoseatewa <br />b. 1n the went the asorigsgor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, <br />chugs, fee, or other expense charged against the property, the mortgaget is hereby autfmrised at his option [o pay <br />the saota Any war so paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtednew evidenced by said note, subject to the same terms and conditiotu_ 1f the mortgagor shall pay and <br />discharge the iadebledneas evidenced by said promissory note, and shall pay such sums and chap ducharge all tun <br />and liens and the casts, Errs, aed expenses of making, enforcing, and executing this mortgage, then this mortgage <br />sheet bc'eanreled std surrendered. <br />?• The eavenanu heteia ooagised shall bind asd the beaefir and advantager shall inure to the respective ate- <br />asarasa and asaisas a(-the partiaa hosts. 7Rltenever aced, the singular number shat! inehtde the plural, the p{nrd the <br />stapler, and the teas ad aiy Sender shall inclada all geadera <br />fl. Ne waiver of say eoxenant herein o: of the obligati«t secured hereby shsil at soy time thereafter be held <br />b lr a waiver ai the ter>tss 6ereo[ or of the note secured hereby. <br />9. )t. taatpliatsn erjtl section 101.1(d) of else Rnka sad ltrgutatiwts o[ the Small Btriner Adauoistratioo j 18 <br />GF,R. lil,l(i) ), due i~altersa~t is q he eanatraed utd ra(etced is aoeordrnee with applicabk Federal law. <br />N. A jndiefa(' doeeas. ceder, or jadgsoeat holding any prnrisioa ar portion at this instrument invalid or en• <br />valaserabie shallant.m nti wa7 impair or preclude the enforcement of the remaining provision or portions of <br />14ia ittotrtaseftt., <br /> <br />