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J <br /> <br />- 3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when <br />doe, or shall fail [o perform any rnvenant or agreement of this instrument or the promissory Hart secured hereby, the <br />pion indebtedness hereby secured shall immediately bemroe due, payable; and collertibfe without notice, at the <br />spoon of the mortgagee or assigns, regardless of maturity, and-the mortgagee or his assigns may before or after entry <br />etdl acid property without appraisement ([he mortgagor havivg waived and assigned to the mortgagee aB rights of <br />appraisement)• -_ <br />1 t 1 at judicial sale pursuant to the provisions of 28 U.S.C. 20011 a) : or <br />(tt) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and <br />)reel bid romplying with the terms o! sale and manner of payment specified is the published notice of sale, fist <br />giving four weeks' notice of the time, terms, and place of such safe; by advertisemem not less than once <br />during each of said four weeks in a newspaper published or distributed in the.eounty in which said property <br />ie situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person ~ <br />behalf of acid mortgagee, may bid with the unpaid indebtedness eridenced by said note). Said Bale shall be <br />held at or on the property to be sold or at the Federal, rnunty, or city courthouse for the county in whfeh the <br />property is located. The mortgagee ie hereby authorixd to ezewte for and on behalf of the mortgagor and to <br />- '- <br />deliver to tke pnrFhn6gS at;euofi e'aie a eufbaisnt conveyance of sefd property, which conveyance shall cesrtain <br />recitals ae to'the.happeviug of the default upon which the ezecudon of the power of-eak herein granted <br />depeada; add the saCd mortgagor.berebytronetitatesand appbinu the mortgages or any agent or attorney of the <br />mortgagee, _-the agent and attorney- in tap ai said mortgagor to make arch reciula and to execute said <br />conveyance _and hereby covenants and agrees that• the recitals eo made shall lx e8ectaal to bar all equity or <br />right of redemption, homestead, dower, and- all other exemptions of the mortgagor, all of which ors hereby <br />expressly waived and conveged to the mortgagee; or <br />(ut) take any other appropriate action pursuant to state or Federal statute either in state or Federal <br />court or otherwix for the disposition of the property. <br />In the event of a sate es hereinebove provided, the mortgagor or any person in poeeeseion under the mortgagor shall <br />then become and be tenenta holding over and shall forthwith deliver possession to the purchaser at such sale or be <br />summarily diapoasesaed, in accordance with the provisions of law applicable to tenants holding over. The power <br />..~aad-agesop,lseaeby.psuited-era coupled with an interest and are irrevocable by death or otherwise, and are granted <br />ast~umuletivor to tberemedies`for caRection of said indebtedness provided by law. <br />- 4. The proceeds of any Bale of said property w accordance with the preceding paragraphs shall 6e applied fiat <br />to pay the costs and expenses of said'sale, the expenses incurred by the mortgagee for the purpose oEprotecting ormain- <br />taining,said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or excess to the person or persons legally entitled thereto. <br />5. fn the event said proptrty is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove <br />granted, and the proceeds are not sufficient to pay 4he total indebtedness secured by this imirument and evidenced by <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the defciency without <br />regard to appnfsement. <br />6. In the event the mortgagor fails to pay awy Federal, state, or local tax aseesamenq income tax or other tax lien, <br />charge, fee, or other expense charged against the property, the mortgagee ie hereby authorised at his option to pay <br />the same. Any soma so paid by the mortgagee shall be added to and become a part o[ the principal amount o[ the <br />ittdebtedneea 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 liens and tl:e costa, tees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be canceled and surrendered. <br />T. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective we- <br />t>Diaon and twigna of the partid hereto. Whenever used, the singular number shall include the plural, tfre plural the <br />aiogular, sad the use of any gender shall include all genders. <br />& No waiver of any covenant herein or of the obligation secured hereby shall at say time thereafter be held <br />to be a waiver of the terms hereof or oC thn note secured hereby. <br />9. In compliance with section 301.1(d) of the Rules sad Regulations of the Small Businew Administration [13 <br />C.F.R 101.1(d) ], this instrument is to 6e construed and enforced is accordance with applicable Federal law. <br />10. A judicial decree, order, or judguent holding any proviaios or portion of this instrument invalid or uo- <br />enforoeable shall no! in any way impair or preclude the enforcement of the remaining proviaioru or portions of <br />this imtrument. <br />GvR u~a ,ip <br />eaA F.,,, YSt la-tDl <br />