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i~L~C3Cl•_; .; <br />~;~~,i3f't5591 <br />3. The mortgagor covenants and agrees shat if he shall foss to pav _ i"ttlednem or any part thereof when <br />doe; or shall fail to perform any rnvenant or agreement of this inatrnm~#tt,of'. thgpt'amisenry note secured hereby, the <br />spirt indebtedness hereby secured shall immediately become dgg ¢avaiile;- and`. c~lectiblc without notice, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgaget or hit e~igns may before or afar entry <br />self;aaid property without appraiaement (the mortgagor having lrgjved anted assigned to the mortgagee all righb of C <br />appnirement): i] ~ iii g },jyt (tie 'T <br />I t ~! at judicial sale pursuant to the provisions of 28 ll.S.C. 2001(a) ; or -'. -'= ;j <br />{u) at the option of the mortgagee, either by auction or 6y solicitation of sealed bids,'for the hig}test~atitl `- <br />`bast hid cam 1 n with the terms of sale and manner of t <br />P Yi g ptvppetit gpeai[iexl in the published notice of a61e.~firK -.:' <br />giving four weeks' notice o! the time, terms, and place of auc}~_sple,,,by advertipement not leas ttirn once == <br />during each of said four weeks in a newspaper published or distributed 1kHiSeicouitty in which said pYOperty _ <br />' is situated, all other notice befog hereby waived by the mortgagor {sod said mortgagee, or any parson on~-;. <br />behalf of said mortgagee, rosy bid with the unpaid indebtedness evidenced by said note). Said sale ehafl be <br />held at or on the property to 6e sold or at thdFederal, county, or city courthouse for the county in which tha <br />property is located. The mortgagee is hereby authorised to execute for and on behalf of the mortgagot and to'-.: <br />deliver to the purchaser at such sale a eulficient conveyance of said property, whtch r_onveyance shall contain <br />recitals as to the happening of the default upon which the ezecution of the power of sale herein granted:. <br />depends; and Lka sa:d Tot ag:gcr hen,~.y eeastiiutts and appbinta iht mortgagee or any aga`nt or atwrttep of thr <br />mortgagee, the agent and attorney in fact of said mortgagor to make such retitala and to a:cants aside <br />eonveyanee and hereby covenants and agrees that the recitals so made shall 6e effectual to bar all egaity or <br />right of redemption, homestead, dower, and alI other exemptions of the mortgagor, ail of which art hereby <br />expressly waived and conveyed to the mortgagee; or <br />(ut) take any other appropriate action pursuana to state or Federal statute either in state or Federal <br />court or otherwise for the disposition of the property. <br />In the ewent of a sale as hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenanu holding over and shall forthwith deliver possession to the purchaser at such sale or 6e <br />summarily dispossessed, in accordance with the provisions`af-~law,:applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest antl~re7r'revocable by death or otherwise, and are granted <br />as cumulative to the remedies for collection of said.,iadeL~tudp'a`-ptpvided by law. <br />4. The proceeds o[ any sale of acid property,in aaordanca with the preceding parrgcaphs shall be applied Brat <br />to pay the coats and expenses o(said sale, the expenses incurred by the mortgagee for the ourpasa of protcetirtg or main. <br />taming said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or excess to the peroon or perstrns legally entit.lad. thereto, <br />5. In iha event said property is sold at a judicial forrc}onure salt or pursuant to the power af' sale hereinabova <br />granted, and the prdveeds are sot an~eient to pay the total indeb€edness secured by ¢his instrnmatt2 and evi$eaeed by <br />said promissory notq the mortgagee will lea enti¢led to a daficieneq judgment for the amount of the dejiarianty urithwtt <br />regard to spprsisematt. <br />6. In the event the mortgagor fails to pay any Federal, state, or local tax aasensment, incmne tax or other tax lien, <br />charge, see, ar other expertee charged against the property, the mortgagee is hereby authorised at his option w pay <br />the same. Any sums so paid by the mortgagee shall 6e added to and become a part of the principal mnount of the <br />indebtedness evidenced by said note, subject to the same terms and conditions. IC the mortgagor shall pay and <br />dixharge the indebtedness evidenced b}- said promissory note, and shall pay such sums and shall discharge all taxes <br />and iiera and the costs, fees, and expenses of making, en(oming, and executing this mortgage, deco this mortgage <br />shall be canceled and surrendered. <br />7. The covenants herein cotuaitted abaft bind and the benefits and advantage shall inure to the respective sus <br />ctstgn and tasigru of Iha parties here¢o. Wheoevar used, the singular ngmber shall include the plural, the plum the <br />up~ttlar. and the usa of uy gander shall include all genders. <br />@. No waiver at any eorensnt l~tein or of the obligation secured hereby shall mt any time thereafter be held <br />to be a waiver of tha farms hereof or of iht note secured hereby. <br />9. In compliance with section 101.1(d) of the Rules and Regulations of the Small Ruainese Adminia[ntion [ 13 <br />C.F.R. IOl.lid) ), thin inurument is to be ettoalrued and enforced in accordance with applicable Federal law. <br />l0. A jud'uial decree, ardeq or judgment holding any provision or portion of this instrument invalid or un• <br />enforeeahk shall out ins any way impair or preclude the tn[orcement of the remaining provisions or portions a[ <br />ehia imyrumant. <br />4iA stew M]T fY-Tr' ~ ~. ~. <br />