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r's~s..: ji)~!~3'AF~~i <br />3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or anq part thereof when <br />leis, or shelf fail to perform any covenant or agreement of this instrument or the promisgttry.nMCeecured hereby, the <br />settles indebtedness hereby secured shall immediately lrtcomt due, g5syablr, and collectible without notice, at the <br />aptan of the mortgagte or assigns, regardless of maturity, and the mortgatee or his assigns may fiefore or aftee entry <br />ee1Y said property without appraieement (the mortgagor having waived aryl assigned ~o t}tp;mgrRgagee all righEa of ' <br />•pl-rafiement 1 <br />- 1 t 1 at judicial sale pursuant to the provisions of 28 U.S.C. 2001 (a) ; or - <br />(tt) at the option of the mortgagte, either by auction or 6y eoticitation of sealed bi~a,~for the higbat snd <br />beat bid complying with the terms of axle and manner of payment specified is the published notice of sale, first <br />giving four weeks' notice of the time, terms, and place of such safe,=by advertietmeEit not less than ottee <br />during tack of said foot weeks in a newspaper published or distributed in the wunty in which said property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagte.. or say pwsott on '_ <br />" behalf of aril mortgagee, may bid with the tmpaid indebtedness evidenced by said Hotel. Said sale shall be <br />held at or on the property to be Bold or at the Federal, county, or city courthouse for the county in which the <br />property m located. The mortgagee ie hereby authorized to execute for and on behalf of the mortgagor amd to <br />deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall coatain <br />.~e.>, ~ t.. the 1tepM~ting of the de-fault upon which the execution of the pewee wr salt pectin b.ani d <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agent sad attorney in fact of said: mortgagor to make such recitals-sad io extents said <br />conveyance and hereby covenants and agrees that the recitals eo made shall be zffeetual to bar all equity or <br />right a[ re11ta8tptiatq~-honmstead,,.,tlt?Wer, and all other exemptions of the mortgagor, all of which ass hereby <br />expressly avaived k4t~ ciirivt'~+ed"rti~t~Fde mortgagee; or <br />feet-) Gake any oth'tr appropriate action pursuant to start or Federal statute either is state or Federal <br />court or otherwise for the dispmsition. of the property. <br />In the even[ of a sale as hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants holding over and shall forthwith :!sliver possession to the purchaser at such sale or be <br />summarily dispossessed, in accordance with the proviaiona 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 cumulative to the remedies for cailectian of said indebtedness provided by law. <br />4. Tht ptviceeda of sap eels of said property in ateordanae with the prtteding paragraphs else![ be applied first <br />to pay the costs and expeaaea bf said' sale, the expenses iaeurrod by the mortgagee foe the pnrposa of protecting or mains <br />raining said' property,-and roaetmafilt attararys' flea; secondly: Ao pay the indebtedness secured hereby; amd thirdly, <br />to paw any surplus or excess to the peraoti ar psrauns -tttally tatitittl tlXgrtiq. <br />5. lm the evemt said property is sold a€ s jttati'ial"foreelasurt sale ur pennant to the power of salt heroimabove <br />granted, and-the pi~eteda set cwt suffcicnt to pay-the tatiti indebtedness secured by this Inetrumeat and evidenced by <br />said promissory trots, the mortgagee wi0 be entitled to • deficiency judgttteM for the amount of the deficiency toithottr <br />regard to oppnisement. <br />6. In the Brent the mortgagor fails to-pay anyFederal, state, or iota! tax asaesement, income tax or other tax lien, <br />charge, fee, or other expense charged against the prroperty, the mortgagee ie hereby authorised at his option to pay <br />the earns. Any sums ao paid by the mortgagee shall be added to and became a part at the principal amount of the <br />indebttilneas evidenced by said Hutt, aubjeet to the same terms and conditions. If the mortgagor shell pay and <br />discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge alt taxes <br />and fieq and the casts, fete, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shAft fpc'tnnteled and sttrrendtred. <br />T, Tlet euvtgants heroin contaitted shall bind sad the benefits and advam4ptes shall inure to the respective secs <br />oeawra aped aersgtta of rite partin hereto whenever used, the aingutar number ebal! inelnde the plural, the plural the <br />sin~lar, sad the sae d any gereder shall include all gender. <br />fl. fie waiver of any covenant heroin or of the obligation secured hereby shat! at any time thereafter be held <br />b be a 'waiver of the Eerms hereof or of the note secured hereby, <br />4. in complianet with section 10L1 Sd} of the If>_•ks and Regulations :>f the Small Bu:iaew Administration (I3 <br />f~T, _It- t4t_t-/Ait_ EE,s. :.....e.~_~ __._'__ ___~_ .. _ _ _ _ _ _ _ _ _ <br />-- ---' ~-•„ ^°- _ ~+:o ue aattaovem ana entoroem to accordance with applicable Federal law. <br />10, A jndiclal decree, grdtr, or judgment holding any prevision or portion of this instrument invalid or ua- <br />enferceatglle deaf! not id any way Impair uc preetude the enforcement of the remaining proviaiona or portions of <br />this instrutssent, <br /> <br />