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i +~~~Oa <br />80-~ "il ~ 5 ~ 8 7 <br />- • 3. The mortgagor covenants and agrees that if be shall fail to pay said indebtedness or any part thetsof"when- <br />due, or shall fail to perform any covenant or agreement of this instrument o>~t~re promissory note secured !fealty; the - <br />snttre.indebtedneas hereby secured shalt immediately become dur,~}tay~able,.and coltectiblei without reOtiee,-si~.the. <br />option of the mortgagee or assigns, regardless of maturity, and the mortRageebr his aeeigne ina9 before or after entry <br />eels said property without appraisement (the mortgagor having wtiyted ppd;{tpeigoed to`fhe~4rtgages alt rights of <br />a~praisement): ~ 1!1 , <br />I t) at judicial sale pursuant to the provisions oi'l8 iLS.C. 2(Nll (a j : ar <br />(n) at the option of the mortgagee, either 6y auction or by solicitation of eetilCd bida,~for the highest utd <br />bat bid complying with the teams of sale and manner of payinlne.speeibbal in the ptsbiriahed notice of uk, first <br />giving four weeks' notice of the time, terms, and place of sucfrsaler:by.advsC}ieetnpnt not leas than once <br />.during each of said four weeks in a newspaper published or distributed ~ir. the county in which said property. <br />is situated, all other notice being hereby waived by the mortgagor (sad said mortgagee, or any person aa- <br />behalf of said mnrtgaget, may bid with the unpaid indebtedneaa evidenced by said Hate). Said sale shalt be- <br />held at or on the property to be sold or at the' Federal, county, or city courthouse for the county in which the= <br />properly is located. The mortgagee is hereby authorised to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance oP said property, which conveyance shall contain <br />reeisla a• to the happening of the default upon which the execution of the power of sale herein granted <br />depends; and the said mortgagor l.erebp conetiWta and appoints the mortgagee or any agent or attorney of the <br />mortgagee„ the agent and attorney in Fact of said mortgagor to males such recitals sad to execus said <br />conveyance and hereby rnvenante and agrees that the recitals so made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exetnptions of the mortgagor, all of which are hereby <br />expresalr• waived and conveyed to the mortgagee; or <br />i ut) take any other appropriate action purenant to state or Federal statute either in state or Federal <br />court or otherwise [or the disposition of the propert}'. <br />[n the event of a sale as hereinabove provided, the mortgagor or env person in poaseesion under the mortgagor shall <br />then become and be tenants holding oret and shall forthwith deliver posses.+ion to the purchaser at such sale or be <br />enmmarily dtepoaeesaed, 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 any sale of said property in accordance with the preceding paragraphs shall be applied fast <br />to pay 4he costa end e:pettea of'said sale, the expenses incurred by the mortgagee for the purpose of protecting or main• <br />lathing said prolx!rty, and- reaatmable attorneyii fees: secondly, to psyche indebtedness secured ftereby; and thirdly, <br />to: pay any -surplus or excess to the person or+persona- legally entitled thereto.. <br />5. In the event said property is sold ai a jndse+al foreclosure eats ar pusuani to ihs power of sacs hereinabove <br />graated;'and the proceeds arc not euffteienE to pay tits total indebtednea aesursd by t?tia inatnment and rvtdancsd by <br />said gromiaaory note, the mortgagee will be entitled to a deficiency judgment for the amount of the dejscieney u;itnour <br />regard to appreisement. <br />6. [n the event the nwrlgagor fails to pay any Federal, state, or local tax assesamrnt, income tax or other tax lien, <br />charge, fee, or other exfmnee charged against the property, the mortgagee is hereby authorized at his option to pay <br />the same. Any soma so paid by the mortgagee shall 6e added to and become a part 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 by said promissory note, and shall pay such sums and shall discharge all taxes <br />and !lets and the rost& fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be canceled and surrendered. <br />?. The eavenanta heeein twntained shall bind and the benefits and advantages shall inure to the respective auc• <br />cerpre and assigta of the parties hereto. CVheasver used, the singular number shall include the plural, the plural the <br />singnLr, sod the tae of any gender shall include all geodes, <br />8. No waiver of say covenant herein or of ilia obligation sscurxd hsreby shall at any tirjr lherr:after be held <br />to be r waiver of the !arms 6ereo( or of the nose secured hereby. <br />9. In comphanee with section lUl.l (d) of the Rules and Regulations of the Small Business Admiaiatratiou [13 <br />C.F.R. 1011 {d) ), this instrument ie to be construed and entnrccd in accordance with applicable Federal law. <br />IU. A judicial decree, ordeq or judgment balding any pravieion or portion of this instrument invalid or un- <br />enforceable shall not in arty way impair or preclude the euforcemrnt of the remaining provisions or portion- oL <br />thin inatrumonY, <br />+ap ra.a sax ev.-:at ~ _. <br />