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80- ~ ~~:~ ~z ~; 33 <br />' d: The mortgagor covenants and agrees that if Ire shall fail to pay said indebtednetor or any part the}eo(whea= <br />-- tjyt, ~' shall fait to perform any covenant or agreement of thin instrttment or tbe promissory note secured hereby, the.' <br />eal~x: indebtedtaem hereby secured Phall immediately become due, payable, and rollcctibte without notice, at tlte~ <br />man of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may befaro or attar entry <br />eet# scud- property without-appraieement (the mortgagor having waived and assigned to the mortgagee aff.righb-of~ <br />s~traiaement) <br />~. - It) at judicial sale pursuant to the provisionso(28U.S.C.20l11!a);or - <br />(rt) at the option of the mortgagee, citber by auction or by solicitation of aeakd bide,'Eor the highest and <br />bean-bid ammptying with the terms of sale and manner of payment specified in the published notice ot~ate, brat <br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement not less 4fian once <br />' during each of said four weeks in a newnpapet publiaheal or distributed in the county in which said:.prnperty <br />is situated, ail other notice bring hereby waived by the mortgagor (and said mortgagee, or any petmn oa <br />ltehalf of said mortgagee, tray bid with the tmpaid indebtedtuew evidenced by said note). Said sak shaft be <br />held at or on the property to be sold or at the'Federal, county, or city trourthouse for the rnunty in which the <br />property is located. The mortgagee ie hereby aythorized to ezeeute for and on behalf of the mortgagor and to <br />deliver to she purchaser at avefi sale a sufficient conveyance of said property, which conveyance shall contain <br />recitals ea to the happening of the default upon which the execution of the power of sale heroin granted <br />depends: and the said mortgagor hereby constitutes end appbinis 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 execute wid <br />conveyance and hereby cavenanta and agrees [hat the recitalssa made shall be e6eetval to bar alt equity or <br />right of redemption, homestead, dower, and atl other exemptions of the mortgagor, all at which axe hereby <br />expressly waived and conveyed to the mortgagee; or <br />(ttt) take any other appropriate action pursuant to agate or Federal statute either in state or Federal <br />court or otherwise for the disposition of the property. <br />In the event of a sak as hereinabove provided, the mortgagor or any person in po~easion under the mortgagor shall <br />then beeomr-atrd`be-tenants-holding over end shall forthwith deliver poaaeasion to the purchaser at ouch sale or be <br />summarily dispaiesesaed,~ 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 />as eurnulative to the remedies ~Cor eoileclion of said indebtedness provided by law, <br />~i. The-proceeds of any sale of said propcrtv in aceordancr with the preceding parsgraphe slnsfl be applied first <br />to pry the rash and expenan of said oak. the ezpeaasee incurred by the mortgagee fr„r the purpose of protesting or malt, <br />raining said property. and reasonable attarnera' fees; aecmadly, to pay the indebtedness secured hereby; and thirdly. <br />to pay any surplus or ezceas to the-person or persons legally entitled thereto. <br />5. In the evert sad property is sold at ^ judicial iaireclosure sak os- ptrnuant-ta-the .power of sale hereinabove <br />granted, sad the proceeds are not au~cient to pay the rata] indebtednew secure d by this inatrnnuat and evidenced by <br />acid promitrory note, the mortgagee wig! be entitled to s deficiency judgment for the amount of the deficiency mithoeat <br />resarrf to appniaemerar. <br />(+, In the event the mortgagor tails to pay auy Federal, state, or Iceal tax assessment, income tar or other tar lien, <br />,barge, fee, or other expense charged against the prolrerty, the mortgagee is hereby authoriaeJ at his option to pay <br />the same. Any sums eo paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, subject to the same terms and conalitioiro. If the mortgagor shall pay and <br />diucharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes <br />and liens and the costs, fees, and ezpenaes, of making, enforcing, and executing this mortgage, then this mortgage <br />siatt be canceler3 and surrendered. <br />7, The covenants herein contained shalt bind and the bens&ts and advanuttea shall inure b the a-espaxtive suc• <br />eessara and aauigna of the partisan berets R'hattever used, the ainguter number shag) include the ptaral, the plural the <br />aitsea4r, and tlta use ~ any gender shall include aU genders <br />$. ILto waiter of nay cavonant ltereiti or of the obligation secured hereby sha31 at any bane thereafter be held <br />to Ise a waiver of rho terms hereof or of ells note assured hereby. <br />9, la eomplianrt with aettioa 101.1 {d) of the Ru1n and Regaalatietta of the Small Bataiausa Administration (13 <br />C.F.R. 161,1tdSl,. thin iaNrutaept is to be ewnstrued sad enforced itt accordanex with applicable Federal law, <br />tR- A judicial detcaee, order, or judfrnent holding any provisimt or portion o[ this inrtrnment invalid or un• <br />aefoReenble altall rent in any way impair or preclude the enforaxraacnt of the remaining provisions or portions of <br />t$d"n._3ttpttut»enL <br />aaa r,n~ M1rt fYrtl <br />