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<br />3. The mortgagor rnvenanta and agrees that if he shalt fail to psy said indebtedness or aay part therraf when <br />doe. or shall fall to perform any covenant or agreement of this instrument or the promissory note aeeurerl hereby, the <br />statics indebtednem hereby secured shall immediatdv become due, payable,-and collectible without notice, at the <br />option of the mortgages or assigns, regardless of maturity, and the mortgagee or his assigns may before or slier entry <br />ee1Y said property without appraisement jthe mortgagor having waived and assigned to the mortgagee ail rights bE <br />appraisement) • t' ~ _ ~ .: <br />i +- <br />1 t 1 a[ judicial sale pursuant to the provisions of 28 U.S.f 2001(a) ; or <br />(u) at the option of the mortgagee, either be auction or by solicitation of seabd-Lid4-for the higheit and <br />best Lid complying with the terms of sale and manner of payment specified in the pttbPtebed itatia of sale, tint <br />giving four weeks' notice of the time, terms, and place of arch sate, by advertisement not less than on« <br />during each of said four weeks in a newspaper published or distributed~in the county in which said property <br />~ ®tuated, all other noti« being hereby waived by the mortgagor {apd said mortgagee; or any person ota <br />Lehalt of said mortgagee, may bid with the tmpaid indebtsdnem eviden«d by said note). Said eels shall 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 />property is located. The mortgagee is hereby :uthorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at ouch sale a sufficient conveyance of said property, whie6 conveyan« shall contain <br />recilaL ae to the happening of the default upon which the execution of the power-of Bale bents granted <br />depends; and she said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the <br />mortgagee, the agrnt and attomsy in fact of said mortgagor to make such recitals and to execute said <br />conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar alt equity or <br />right o[ redemption, homestead, dower. and all other exemptions of the mortgagor, all of which are hereby <br />expresek waived and conveyed to the mortgagee; or <br />i ttt t take any other appropriate action pursuant to state or Federal etamte either in elate or Federal <br />court or otherwise for the disposition of the property. <br />in the event of a sale as hereinabove provided, the mortgagor nr am~ person in possession under [he nwrigagor shall <br />then become and be tenants-beidfegover~and uhall forthwith deliver possession to the purchaser at such sale or be <br />summarily dispossessed, in aceDrdanm.,~witb CtI1e~'~,provisions of law applicable, to Tenants holding over. The power <br />and agency hereby granted are~oRpler7 {if16• ari irrterest-and are irrevocable by death or otherwise, and are granted <br />as cumulative to [he 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 6e appfied first <br />to pay the costs and expenses of said eels, the expenxe inenrred by the mortgagee fur the purpose of protecting or main• <br />raining said proprrtv. and reasonable attorney.: fees; secondly, to pavthr indrhtednesn srrured hereby: and thirdly. <br />to pay any surplus or excess to the person or persona legally entitled the: eta, <br />$. In the event said property is Bold at a judicial foreclosure Bale ar pursuant to the power of sale herciaabave <br />granted, and the proceeds are not euf6cient to pay the total indebtedness secured by this instrument and evidenced by <br />said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency mithwu <br />regard to appraisement. <br />h In the rcrnt the mortgagor fails to pay an} Federal, +tatr. ur local tax asnesamrnL income tax or other tax lien, <br />charge. frr, ur other +•xprnsr_ charged against the pmperri~. th+• mortgagoe is hereby authorized at his option w pay <br />the aame.:1ny sums so paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness rvideneea by ,aid nuts. subject to the same terms and conditions. [f the mortgagor shall pay and <br />discharge the imlrbn•dnrss evidenced by said promissory note, anJ .hall pay such sums and shall discharge all taxes <br />and liens and the cost.;, (rrs, and expenses of making, enforcing, :utJ executing thin mortgage, then [his mortgage <br />shall he canceled and surrendered. <br />'. The covrnanta herein contained shalt bind and the benefits and advantages shall inure to the respective suc- <br />cessors and ansigne of the parties hereto. Whenever used, the singular number shall include the plural, the plural the <br />eipgular, and the use of any gender shall include all genders. <br />8. ?Io waiver of env covenant herein or of dte obligation secured hereby shall at env time thereafter be held <br />to be a waiver of the terms hereof or of the note secured hrrrbv. <br />9. do compliance with section 101.1 (d) of the Rules and Regulations o[ the Small Business Administration [l3 <br />C.F.R. 191.1(d) ), this instrument is to be eonetroed and enforced in accordan« with applicable Federal law. <br />IU. A judicial decree, order, or judgment holding a v provision ur portion of this instrument invalid or un- <br />enforceable shall not in any way impair or preclude the rn(urcement of the remaining provisions or portions of <br />thin instrument. <br />