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r. <br />8Q~ {f~565~1 ~ ~ ~: ~ ;~ <br />3. Thr mortgagor wvenanta and agrees that if he shall fail to pay said iadebtedne~ or any part thereof when <br />dne; ar shat! fail to perform any covenant or agreement of Ihu instrument or the promissory note aecared hereby, the <br />etid3re indebtedness hereby secured shall immediately became due, pavablk,_ and colkcti`ule.withoui notice, st Lhe <br />option of the mortgagor or assigns, regardleae of maturity, and the mortgagee or his assigns mayhefore or after entry <br />seD.eaid property withanrappraisement (the mortgagor having waived and assigned to the mortgagee ail rights of <br />appniaementl: r :. ~ <br />~~ 3 ~ ii: t '~ . <br />(t) at judicial sale pursuant to the provisions of ZS L'.S.C. 2001 i a) : or <br />(n} at the option of the mortgagee, either 6y auMion or by wlicitation of sea]ed bida,~for the highert and <br />beat bid eomplping with the terms of sale and manner of payment specified in the publkhed aotia of oak, &nt <br />gluing four weeks' notice of the time, terms, and place of such eale,byadvertieenieat not lees than once <br />during each of said four weeks in a newspaper published or diatributediii'tlie cottlttpiin w~tieh said property <br />is situated, all other notice beiag hereby waived by the mortgagor (and said mortgagee, or say perwn an <br />6rhali o[said mortgagee, may bid with the unpaid indebtedness evidenced by said Dote). Said sak shall be <br />held at or oo the property to 6e Bald or at fhrFederal, county, or city courthouse for the county in which the <br />property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor wd to <br />deliver to the purchnser at each sale a sufficient conveyance of said property, which cooveyana shall contain <br />reeitaL a to the happening of the default upon which the execution o[ the power of Bale herein granted <br />depends; and the said mortgagor hereby rnnetitutee and appbinta the mortgagee or any agent or aitotttey at t$e <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recitals snd to e:ecutr said <br />conveyance and hereby covenants and agrees that the reci[ale so made shall be eff±rtual to bar all equity or <br />right of redemption, homestead, dower, and alt other exemptions of The mortgagor, all of which are hereby <br />expreeely waived and conveyed to the mortgagee; or <br />(nt) take any other appropriate action pursnant to state or Federal statute either is state or Federal <br />court oc otherwise for the disposition of the property. ` <br />In the event of a Bale am 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 possession to the purchaser at such sale or be <br />wmmarily dispossessed, in accordance 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 />as cumulative to the remedies for collection of said indebtedness provided by law. <br />4. The proceeds of anq sale of said property in accordance with the preceding paragraphs shall be applied fits[ <br />to pay the cents and exprneea of said axle, the expenses incurred by the mortgagee Par the purpose of protecting armain- <br />tsining said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any eurplua or excess-to the person oe persona legally entitled thereto. <br />5. In tits event said propertyu sold at a judicial iorerloanre sale or purauaat to the paver of sale hereinaltovr <br />granted, arnl the praceeda are not attdcient to pay the total'indebtedneee secured by [hie ittatrttment and exideacrd by <br />said praaiieeory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency ioitkout <br />regevd to apprsiaement. <br />6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, <br />charge, fro, nr other expense charged against the property, the mortgagee is herebv authorised at his option to pay <br />the same. Any some so paid by the mortgagee shall be added to and becortir a pan of the principal amount of the <br />indebtedness evidenced by said note, subject to the same terms and conditions, if the mortgagor shall pay and <br />discharge the indebtedness evidenced 6y said promissory note, and shall pay such sums and shall discharge all taxes <br />and lions and the coats, tees, and expenses of making, enforcing, and executing this mortgage, then. thin marlgage <br />eitaB be canceled and enrrendered. <br />7. Tho covenants herein contained shall bind and the benefits and advantap~saball inure to the respective auc- <br />txttsiars and aaignr of the parties hereto. Whenever used, the singu4r number eliRll i~clude the plnnl, the plan! the <br />alitgular, and the use of any geader shall inctude all gendrn. ~ , <br />& Ilia waiver of any oovenant herein or of the obligation second hereby shall at at,y time thereafter be held <br />to be a waiver of the terms hereof or of the note eecurcd hereby. <br />9. Tn trompliantro with section 101.1(d) of the Rula and Regulations of the Small Busioesa Admioietration [l3 <br />C.E.It. 181.1 (d} ). this iuatcttweat i- to be eoostrued and enforced in acaordaaon with applicabk Federal law. <br />lU. A jddfcial' decree, order, or judgment holding any provision ar portion of thin inatntrnent invdid or un- <br />enforceable shall not in any way impair or preclude the enforcement of the remaining provieiwis or portioru of <br />[his ir»frument. <br />saa r... oat ts-rai ..... ,,. . <br />