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<br /> <br />3r The mortgagor covenants sad agrees that if he ahalf fail to pay said indebtedness or any part thereof when <br />~, or !hail sail to perform env ravmmt or agreement of this instrument or the promiaeory note scented hereby, the <br />settee indebtedness hereby secured shall immediately becortre?dris, payable, and collectible without notice, at the <br />optfon of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry <br />ad# s;id property without appraisement {the mortgagor havig~waivet{ ind asaigited ta2he mortgagee all rights of <br />- I t) at judicial sale pursuant to the provisions of 28 U.S.C. 20011 a i ; or <br />(4t) at the option of the mortgagee, either by atac¢ioa or by solicitation of aeeled bida,'for the highest atad <br />-beat bid cotnplyittg with the tertru of sale and manner of payment specified in ilia pttblisbed notice of ask. fixw~i <br />- giving (our weeks' notice of the time, terms, and place of subs sale,' by -advertisement not lees than once <br />- during cash of said four weeks in a newspaper published or distributed in the county in which esid property', <br />,. is situated, all other notice being hereby waited by the mortgagor (sod said mortgagee, ar any pexeon oa. <br />behalf of said mortgagee, may bid vritb the unpaid indebtedness evidenced by said note;. Said sak shall he <br />held at or on the property to be sold or at the~Federal, county, or city conrthouee for the rnunty in which the. <br />property is located. -the mortgagee is hereby authorized to execute far ~tnd on bshaif of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain. <br />reeitaL a to the happening of the default upon which the execntion of the power of sale berets grained <br />depeada; and the said mozagagot hereby constitutes and appoints the mortgagee or any agent azattorney of she <br />mortgagee, the agent and attorney in fact of said mortgagor to make such. recitals sad 'to execute said <br />conveyance sad hereby covenants and agrees that the recitals so made shall b'e e$eetualto bar all equity ar <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby <br />expressly waived and conveyed to the mortgagee; or , <br />(nt) take any other appropriate action pursuant to state or Federal statute either in state or Federal <br />court or otherwise for the disposition 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 fie tenants holding over and shall forthwith deliver possession to the yurchaser at such sale or be <br />eummarily dispasaeseed, in accordance with the provisions of law applicable to tenanus holding over. The power <br />and agency hereby granted are coupled with an intereet and are irrevocable by death nr otherwise, and are granted <br />ae cumulative to the.remediea for collection of said indebtedness provided by law. <br />4. The proceeds-af arty safe of erid property in aecordanee with the preceding paragraphs shall be applied first <br />to pay the costs and expetses of said'eale, the expenses incurred hq the mortgagee for the purpose o] protecting or maio- <br />twining said property;.and'. reasanuble a43oresevs' fees; sectendly, to pay the intlrhied:tess secured. hereby; and tlsirdly, <br />to pay any surplus or excess to theperson ar pcraons.legally eatiiled thereto. <br />S. In the event said property is sold at • judi«al foreclosure sale or pursuant to the power of sale hereinabove <br />granted, and-the proceeds ere not sufficient to pay the total indebtedness secured by this instrument aad evidenced by <br />said promissory oats, the mortgagee will be entitled to q deficiency judgment for the amount of the deficiency withotu <br />regeaxf to appraaiasement. <br />6, In the event the mortgagor fails to pay say Federal, state, or local tae aaa~:amrnt, income tax or other tat lien, <br />charge, fee, or other rcpener.charged against the property, the mortgagee is hereby authorized at his option to pay <br />the saint. Any sums ea paid by the mortgagee shall be added to and become a pan of the principal amount a( the <br />indebtedntF:s evidenced by said Hole, xubject to the same temts and conditions. ]f the mortgagor aha[l pav and <br />discharge the indebtedness evidencexl by said promissory note, and shall pav such soma an 7 shall discharge aiJ taxes <br />and lietts and the costa, fees, anti expcnses,.of making, enforcing, and executing this mortgage, then this mortgage <br />shell' be canceled and suvrendered. <br />i. The coveoan4 herein contained shall bind and the benefits and adrantaaea shall inure to the respective sue- <br />oeawelt and avtigna of the paniea.hereto. Wltonever used, the singular nismber shall include tl~ plots„ rise plural the <br />aittgptlar, and the use d any gender shall include all gendem. <br />No waiver of any twveeant hereto or of the obligatiao secured hereby shall at any timt thereafter be held <br />to be a waiver of the tertlts hereof oe of the note secured hereby. <br />4. In emnpliattee vviih section 141.11 d) of the Rata and Regulations of she Small Susitteas Administration (13 <br />Q.F.R. 101.1{d) j, ih» inrtt+tment is to be cottprt:ed attd enforced in aeeordantx with applicable Federal law. <br />IU A }ttdicia! decree, order, or judgment holding any provision or portion of this instrument invalid or um <br />enfaaceahle shat! not is any way impair or preclude the enforcement of the remaining provisim.u or portions of <br />tbia.igsirtttacnL <br />iaA tars >faY ,}.}a, <br />