: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 />
|