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~.~t~ <t> <br />X30- "~~,~ •':~ <br />3. The mortgagor covenants and agrees That if he shaft fail to pay said indebtedness or any part thet'eof~++lset~ <br />due, ar shall fail to perform any eorenant or agreement of thin-instznn:rnt or thr; promiaeor}•-note aceured hisc~;; tlx-~_ <br />entire indebtedness hereby secured shall immediately become due sfpy(ibl.,' 9nd collectible without notice, si the-:. <br />aptfoa of the mortgagee or assigns, regardless of maturity, and-the mortg;gee or his assigns may itefore or afier'entay; <br />sell=said property without appraiaement (the mortgagor having waivedt awd aruigned to the rtt~rr(gagre aR'''righia of -, <br />I t 1 ai judicial sale pursuant to the provisions of 28 U.S.C. 20011 a) ; or <br />(tt) at the option of the mortgagee, either by auction or by solicitation of eealed$ids,•i~the hi6heet snd <br />best bid complying with the terrsts of sale and manner of payment specified in the publiafted notice of sale, litat, <br />giving four weeks' natter of the time, terms, and place of suck "sale,_by, advertisement nox less than once <br />during each of said four weeks in a newspaper pu6lisherl or distributed'~in the county in which said property ' <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee; or any pettam ~ <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said eak shall b'e=~' <br />held at or on the propertp• to be sold or at the Federal, county, or city courthouse for the county in which the <br />property is located. The mortgagee is hereby authori2ed to execute for and on behalf of the mortgagor and to <br />deBever to the purchaser at such sale a euliicient conveyance of said property, which conveyance shall contain. <br />recitals qa to the happening of the default upon which the execution of the power of Bale herein granted <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or atwtaey of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to eseeate said <br />t:asveyance ated hereby rnvtnanta and agrees that the recitals so made shall be effectual to bar all e4uity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagoq all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />1 nt; take any other appropriate action pursuant to state or Federal statute either in state nr Federal <br />court or otherwise for-the dispasi[ioa of the property. <br />In the event of a sale as hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver poseessio:. to the purchaser at such sale or be <br />summarifq=dispossessed; in acro?dance with the provisions of law applicable to tenants holding over. The power <br />and agency iiercbY granted are coupled with an interest and are irrevocable by dezth or otlierwi~ie, and are granted <br />ae cumulilive'to the remedies tar'calfection of said indebtedness provided by law. <br />~. The proceeds of nay sale o€ said property in aecardance with the pm~eding paragraphs shell be applied first <br />to pay the: casts and eapenaw of said sale, the a:penxe incurred by the mortgagee (orthe purpose of protecting or main• <br />raining said_ property, and reasonable attorneys' tees; secondly; to pay.the indebtedness secured hereby: and thirdly. <br />to pay any sttrplus or excem to the person or persons legally.entitled thoreto.~ <br />5. In the evetat said property is sold aI ajudicial-foreclosure salt or pursuant to the power od sale hereinabove <br />granted; snd=the proceeds ate not su~cient to pay rho total indebtedness secured by this instrument sad tvidenced by <br />said promissory nose, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without <br />regard to appniaement. <br />5. In the event the mortgagor tails to pay any Federal, state, or local tax assessment, income tax or other tax lien, <br />charge, fee, or odtrr expanse charged against the proper! r, the mortgagee is hereby authnrired at his option to pay <br />the same. Any sums eo paid by the mortgagce shall be added to and become a part of the principal amount of the <br />indebtedrnss evidenced by said note, subject to the same terms and conditions. If the mortgagor sha^ par and <br />discharge rite indrbiedneas evidenced b}' said promissory note, and shalt pay such sums and shall discharge all taxes <br />and liens and the costs, fees, and txpenaes of making, enforcing, and executing this mortgage, then this mortgage <br />ahalf be canceled and surrertdered. <br />7. The covongnte herein contained shall bard and the bettefite and advantages shall inuro to the respective sac- <br />eeagn and aasigu of the partuea hereto. Whenever aged, the singular number shall include the plural, the plural the <br />aingnhir, and the use of any gander shall include aB genders. <br />9. Pea waiver of any covenant herein or of the obligation secured hereby shall at any time thereafu: bc- herd <br />to be a waiver of the terms heretl or of the note secured hereby. <br />9. In compliance with section 101.1 { d) of the Rules and Regulations of the Small Business Administration (13 <br />C.F.R. 101.1 {d) j, thin instrument is to be construed and entareed in accatdanoe with applicable Federal law. <br />IU. A judicial dttcec, order, or judgment holding any provision or portion of this instrument invalid oe un- <br />enforceable shall not in any way impair or prcdude the enforcement of the remaining provisions or portions of <br />this instrument. <br />sse r_._ ast ter.: -- > <br />