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<br /> <br />3. The ntortgagar covenants end agrees that if he shall fail to paq said iadtbirdnese or any part thar4of trh~t <br />disc, or shall fail to perform any covenant or agreement of this imatroment or tbe promissory note secured hereby; ties <br />etetire indebtedness hereby secured ehal! immednately become due, payable, and collectible tvithoat notices at;the <br />option of the ;uortgagee or assigns, regardless of maeueity, and the mortgagee or his assigns may before or biter coley <br />cell said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rigbb of <br />(t l at judicial sate pursuant to the provisions of 28 U.S.f,. 2001(a) ; or <br />(tt} at the option of the ttwrtgagee, either by auction or by solicitation of sealed bitL,'for the hi~eetaatl <br />beat bid complying with the tetau of sale and mangier of payment spaified in-the pnb'nsired Mice of ante, 6r`st <br />giving four weeks' notice of the time, terms and place of each sale, by advertisement not less than octet <br />during each of said four weeks in a newspaper published ar distributed in the county in which said: property <br />is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any penoa ~ <br />behalf of acid ttwrtgagee, may bid with the unpaid indebtedness evidenced by said note}. Said sad shall be <br />held ea or ~ the property to be wld or ~t the Federal, county, or city murthoaae for the county in';whielt the <br />property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor sad to <br />deliver to the parehaser at such Bale a sul6cieat conveyance of said property, which maveyance shall contain <br />retat:L m to the happening of the default upon which the execution of the power of wle herein granted <br />depends; and the said mortgagor hereby corutitutea and appbints the mortgagee or any agent or attorney of the <br />mortgagee, the agent and attorney in faM of said mortgagoe to make each reeitab and to execute acid <br />eewveyanet and hereby covenants and agrees that the reestale eo made shall be efiectnal to bar all equity or <br />right of redemption, homestead, dower, and all outer exemptions of the mortgagor, all of which an herebq <br />expressly waived and conveged to the mortgagce; or <br />(ttt) take any other appropriate action pnrauane to state or Fedeeal statute either in state or Federal <br />mart or otherwise for the disposition of the property. <br />In the everrt of a sale a. hereinabove provided, the mortgagor or any person in poaeeesion under the mortgagor shall <br />then become and be tenants holding over and shall forthwith deliver poseemion to the pnrchaeer ai atach sale or be <br />summarily dispossessed, is 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 graatted <br />sa ctaaniaeive to the remedies for collection of said indebtedness provided by law. <br />~ --- <br />4. ~ ~ 'd property in accordance with the preceding panegraphs shall be applied 6rrt <br />to ~ ~ i~ ,the e:pemos incurred by the mortgagee for the purpose of protecting or costa <br />ta' one a attorneys' fees; secondly, to pay the indebtedne~ secured hereby, and thirdly, <br />to pay any aurpina or excess to the person or persons legally entitled thereto. <br />S. la the treat said property is sold at a judicial foreetasure sale or pnreuant to the power of sak' hereinabore <br />granted, and the proceeds are ant sul5eieat to pay the total indebtedness secured by this insirumeat and evidenced by <br />said promissory note, the mortgagee wit) be entitled to a deficiency judgment for the amount of the deficiency wirftosu <br />reserd to appiwdsenuwt. <br />(e. la the event the mortgagor fails to pay eny Federal, state, or local taz assessment, income tax or other tax lien, <br />charge, fee, or other expeme charged against the property, the mortgagee is hereby authorised at his option to pay <br />the same. Any sums eo paid by the mortgagce shall be added to and become a part of the principal amount of the <br />irt~b*-~,..,,. ordtnw;l by said note, st~bjtci to the astne tertna and conditions. if the mortgagor shall pay and <br />discharge ibe indebtedness evidenced 6y said promissory note, and shall pay such sums and shall discharge all taxes <br />and liens and the mate,fees, sad expenses of making, enforcing, and executing thin mortgage, then this mortgage <br />tali be canceled and surrendered. <br />7. The coveaanu herein contained shall hind and the benefice sad advantages shall inure to the respective sus <br />eapors sad rrsigtu of the partite hereto. lpheaever used, the singular Dumber shall include the ptnral, the plural the <br />aiagaLr, a~ the cue of say gender chaff iacludc ale genders. <br />8. No waiver of any mvenaat herein or of rite obligation secured hereby shall at say time thereafter be held <br />b $e a waiver of the terms hereof or of the note secured hereby. <br />4, In compliance with satins 101.1(d } of the Rnies sad ttegtelatiotr of the Small Bastoess Administration [l3 <br />G.F.R, IOLI (d) ), this iastritmetrt is to be construed sad enfoeced in accordance wish applicable Federal law. <br />49. A s~~li°-i-'I a~:~. o.-a'¢r. er jndgraeat hoidittg any provision or portion of thin insteurnent invalid or un- <br />ealareeabk shall not in any way impair or preclude the enforcement of the remaining provisions or portions of <br />tluut inatttemcat. <br />cvo >>av+a <br />aaA rw's tar ta-aat <br />