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:t .e ... -~ t ~ <br />8®~J~(5~~~i <br />3: The mortgagor corenanta and agrees that if he shall fail io pay said indebtedness or any part ther~f when <br />dux, or shall fail to perform any cotenant or agreement of this instrutnevt ar the promissory note secured hereby, the <br />attire indebtedness hereby secured shall immediately ~bicomt dtle,.payable, and coileciibk without notice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or slur entry' <br />sell said property without appraietment fthe mortgagor havinp~.a•Iaived and assigned to tltainortgagee ail sigltte of~ <br />sppraisemeut) : - ' <br />(t 1 at judicial sale pursuant to the provisions of 28 US.C. 200T la) : or <br />(tt) at the option of the maetgsgee, either by auction oe by solicitation of eeafed bids; for the bigbai a~ <br />best bid complying with the terms of sale and manner of payment specified in the published rtotia oC sale, fits2 <br />giving tour weeks' notice of the time, terms, and plate of sash-salt; by advertisement not ieasYhan once <br />during each of said four weeks in a newspaper pnblished or distributed in the county in which said-property <br />is situated, all other notice being berehy waived by the mortgagor (end said mortgsgtt, or any ptxson on <br />behalf of said mortgagee, may bid wish the uap:id iredebtedneae evidenced by said note). Said eak shall be <br />held at or on thx property to be sold or at the Federal, county, or city courthouse for the rnunty in which the <br />property ie located. The mortgagee is hereby authorised io execute for and on behalf of the mortgagor and to <br />deliver to e'ne purchaser at such sale a autncient conveyance of said property, which conveyance shall rnatain <br />recital as to the happening of the de[autt upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor hereby conatitulea and appbinnt the mortgagee or any agent or attorney of iht <br />teortgagee, the agent and attorney ie fact of said mortgagor to make such recitals aed to ezeentt acid <br />t:onvtyaoce and hereby coremnU and agrees that the recitals so made shall be eHeetual to bar all etryitp or <br />right of redemption, homestead, dower. and all other exemfrtions of the mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />f ut l take say other appropriate action pnrsuant fo state or Fcderai castors either in state or Federal <br />court or otherwise for the disposition of the property. <br />In the event of a safe:aa hereinabove prorivxd, the mortgagor or any person in :~osseasion ender the mortgagor shall <br />then become and 6~e tenants holding over and shall forthwith deliver possession to the purchaser at such sale or bt <br />summarily diapoesessed, in accordance with the provisions o[ law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and areirrevoeable by death or otherwise, and are granted <br />as cumulative to the remedies for caileetion of said indebtedness provided by law. <br />~. The pzottede of any sale of said property in accordantx with the preceding paragraphs shall be applied first <br />to pay the mate and tzpettstro of said sale, the eapetteee incurred 6p tht.mortgagee Ior the purpose of protecting or mains <br />taming said propene. and reasonable attorneys' fees: secondly, to-par the indebtedness secured hereby; and thirdly, <br />to say any surofus or excess to the person or persovs legally entitled thereto. <br />S. In tla, cystic said ptnrperty is sold at a judicial foreclosure sale or oursuant to the power of sale hereieabore <br />granted, and the proceeds are not eu6tcient to pay the total indebtednem secured by this instrument and evidenced by <br />said promissory note, the mortgagee will be entitled to n deficiency judgment for the amount of the defitiency without <br />regard to appraiaernent. <br />6, in the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or odter tax Gen, <br />charge, fee, or other expense charged against the property, the nmrtgager s. Lerrby authorized at his option to pay <br />the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced b}' said note, subject to the same terms and conditions. 1f the mortgagor shall pay and <br />discharge the indebtedneaa evidenced by said promissory note, and shall pay such sums and shelf discharge, all fazes <br />and liens and the coats, fees, and expenses of mnkivq, enforcing, and executing this mortgage, then this mortgage <br />shall be canceled and surrendered. <br />7. The covenants herein Contained shall bind and the benefits and advantages shall inure to the respective sacs <br />escort and asaigrw of the partiu hereto. CVheaever used, the singular number shall include the plural, the plural the <br />singular, and the use of any gander shall include aU genders. <br />8. No waiter of any covenant herein or of the obligation secured hereby shall at any time thereafter be held <br />to be a waiver of the terms hereof or of the note secured hereby. <br />9. !n Compliance with section 101.1 (d) of the Rules and Regulations of the Small Business Administration (la <br />GF.R lUl.l(d) ), this itutrument is to be cenrirued and enforced in accordance with applicable Federal law. <br />!U. A judicial tlteree, order, or judgment holding any provision or portion of this instrmnent invalid or un- <br />tvforcta6le shall not in any way impair or predudt rite enforcement of the remaining proviaiona or portions of <br />this rns4ntmtnt. - <br />sa.a r... vsr ,a.•rer .. <br />