<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.
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