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<br />~~~~~€~ <br />+~Qofi{~~59~ <br />3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedrteps w any part theuof when' <br />dttq or shall fail to perform any covenant or agreement of this inat_nrment,or the promissory note second hereby, the <br />esttire indebtedness hereby secured shall immediately become dae;~yshte; and rolieti6ltwithout nots'ee, attife5 <br />op4ioa of the mortgagee or assigns, regardless of maturity, and the mortgagee orhis a~ignb inaj before or after eater, <br />aeFl-said property without appraiaement (the mortgagor having wa~p1 aw3 aesigne~ to mortgagee ail"rights-of. <br />tippraisemeot): i' ' <br />1 t i at judicial sale pursuant to the provisions of 2g L.S.C. 2001(a) ; or <br />(it) st the option of she mortgagee, either by auction or Ly eohcitation of eeali±d.bida,"for the hi)gbeat awl°° <br />best bid cemplving with, the terms of sale and manner of paymenCepeeified in fire published notice of'aaie, first <br />giving foot weeks' notice of the time, terms, and place of such sale;;by_-adv~ryseitpcnt not leas than once <br />during each of said four wetke in a newspaper published or distributed in the`ciiunty in which said property <br />is situated, ail other notice being hereby waived by the mortgagor (sad said mortgagee, or any perwa m <br />behalf of said mortgagee, may bid with the unpaid iadebtedneae evidenced by said note). Said sak shall be <br />held at ar oe the propertq to be sold os at the Federal, county, or city courthouse for the county in which tits <br />property is located. The mortgagee is hereby authorised to ezecute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain <br />recital as to the happening of iks default upon which the eaecutiaa of the power of sale betels grated <br />depends; and the said mortgagor hereby constitutes and appbinta the mortg:gee or any agent or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to eztcute said <br />eonveyaaee and hereby rnvenaats and agreta that the recitals so made shall be eflectuai to bar ail equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which art hereby <br />expressly waived and conveyed to the mortgagee; or <br />(ut) take any other appropriate action pursuant to state pr Federal statute tither in state or Federal <br />coot[ or otherwise for the diapasition of the properh~. <br />In the event of.a ease as hereinabavt provided, the mortgagor rvr any person in possession under the mortgagor shall <br />then become and be tenants holding aver and shall forthwith deliver poeseeaioa to the purchaser at such sale or be <br />summarily dispossessed, in accordanre with the provisions of law applicable, to tenants holding over. The power <br />and agency -hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted <br />ae cumuiativa_to.tbe remedies forsoilectioa. of said indebtedness provided by law. <br />4: The prorxeds of any axle of said property in aceordance with the preceding paragraphs shall be applied first <br />to pay the costa and espeneea of said safe, the expenses incurred by the mortgagee for the purpose of protecting ormain- <br />taining~ said property, and reasonable attorneyp'~, fees; secandiy,,to.pay i9teinwielatedmeas s{scrtred hereby; and thirdly, <br />to pay any surplus or execsa.ta the pezaan.ar-peraana }egally entitled.thereta. <br />S. :la She eves property is said a: a jvdieial'foreclosnre sale or pursuant to the power of sale hereinal:ove <br />granted, sad the procetda arc not euBteient to pay the fatal indebtedness secured by this irutrvment snd eridented by <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the smouat of the deficiency witftou! <br />regard to appraiaeatent. <br />b. In the event the mortgagor fails to pay any Federal, state, ur local tax aseessnrenb income tax or other tax lien, <br />charge, fee, ar other expense charged against the property, the mortgagee is hereby authorised at his option W pay <br />the same. Any sutna art paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtednr a evidenced 6y said note, subject to the same teens and conditiorts. Ii the mortgagor shall pay and <br />discharge the indebtedness evidenced by raid promissory note, and shall pay such sums and shall discharge all fazes <br />and liens and the coats, fees, sad expenses of making, enforcing, and executing this rnortgage, then this mortgage <br />shall be canceled and aurrenderod. <br />7. The covenanp herein contained shall bind and the benefits and advantages shall lours to the respective suc- <br />cessots and assigns of the partip hcratw. Whenever used, the singular number ahdl include the plural, the plum the <br />etasular, and the use of any gender shall include al! geadera. <br />g. 1Vo waiver of auy covenant heroin or of the obligation secured hereby shall at any time thereafter be held <br />to be a waiver of the terms hereof ur of the note secured hereby. <br />9. In compliance with section 101.1(d) of the Rules and Regulations o[ the Small Business Administration [13 <br />C,F.R 1Q1.1(d) ), this instrument is to be construed and enforced in accordance with applicable Fedtra! {aw. <br />IU A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or un• <br />enforceable shall nat in any way impair or preclpde.tbe enforcenreai of the rentrining provisions or portions of <br />this ittstrumeat. <br />aaA r:ew Tai ire} - ...• ..•.. <br />