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~l-U(t0'~U~s <br />3. The mortgagor covenants and agrees that if be shall fail to pay card indebtedness or any part thereof when <br />flue, or shalt fail to perform any covenant or agreemem of this instrument or the promissory note secured hereby; the <br />entire indebtedness hereby secured shall immediately become due, payable, and collectible without Hotter, at the <br />+aption of the mortgagee or assigns. regardless of maturity, and the mortgagee or his assigns may before or after entry <br />es•Il said property without appraiaement (the mortgagor having waived and assigned to the mortgagee all rights of <br />apt praisement) <br />it) at judicial sale pursuant io the provisions of281'.S.C. ~(1n11,a1: or <br />(u) at the option of the mortgagee, either by auction or by solicitation of sealed bids,Yor the higltdi atsd <br />best bid complying with the terms of Bale and manner of payment specified in the published notice of nk. best <br />giving four weeks' notice of the time, terms, and place of such sale, by advertisement not lees than once <br />during each of said four weeks in a newspaper published or distributed in the county in which'aaid property <br />v sitwted, all other notice being hereby waived by the mortgagor (and said mortga~te, or ~y person o0 <br />behalf of acid mortgagee, may bid with the unpaid indebtedness evidenced by said Hate). Said rak 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 authorized to execute for and on behalf of the mortgagor and to <br />deliver to the purchaser at such sale a sufficient conveyance of said aroperty, which conveyance shall contain <br />recitals ae to the happening of the default upon which the execution of the power of Bale herein granted <br />depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent oe attorney of the <br />mortgagee, the agent and attorney in fact of acid mortgagor to make such recitals and to ezecute rttid <br />conveyance and hereby covenants and agrees that the recitals eo made shall be eSectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagoq all of which are hereby <br />expressly waived and conveyed to the mortgagee; or <br />i ntl take any other appropriate action pursuant to state nr Federal statute either in state or Federal <br />court or otherwise for the disposition of the property. <br />In the event of a sale ae hereinabove provided, the mortgagor or any person in possession under the mortgagor shall <br />then become and be tenants hohling over and shall forthwith deliver possession to the purchaser at each sale of be <br />summarily diapaeeessed, in accordance with the provisions o[ law applicable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and are irrevocable 6v death or otherwise, and are granted <br />as cumulative !o the remedies [or coi}ection of said indebtedness provided by law. <br />4. The proeeede of any sale of said property in accordance with the precedang paragraphs shall be applied fiat <br />to pay the costs and expenses of said Bale, the expenses incurred by the mortgagee for the purpose of protecting or main• <br />raining said property, and reasonable attorneys' fees; secondly, tc pay the indebtedness secured hereby; and thirdly, <br />to pay any surplus or excess eo the person nr persons legally entitled thereto. <br />5. In the event said property ie sold at a judicial foreclosure sale or purouant to the power of sale hereinabove <br />granted, and the proceeds are not suffcient 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 witfeout <br />regard to appr2iaement. <br />t!. In the event the mortgagor f~iis to pa a.-.y Federal, state, or Iocai tax asesament, income tax or other tax lien, <br />charge, fee, or other expense charged against the property, the mortgagee is hereby authorized at his option to pay <br />the same. Any sums eo paid by the mortgagee shall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said Hate, subject to the same terms and couditians. It the mortgagor shall pay and <br />discharge the indebtedness evidenced 6y said promissory note, and shalt pap such sums and shall discharge all taxes <br />and lietae and the costs, fees, and expenses of making, enforcing, and executing this mortgage. then this mortgage <br />shall lee canceled and aurrendtred. <br />7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective ruc- <br />eesron and arrigtts of the parties hereto. Whenever tired, the singular number shall incfode the plural, the plural the <br />ringnlaq and the etas of any gender shall include all gendetb. <br />8. No waiver o[ any covenant herein or of the obligation secured hereby shall at any time thereafter be held <br />to be a waiver of the terrw hereof or of the note secured hereby. <br />9. Ia compliance with section 101.1 i d j of the Rules and Regulatioru of the Small Bwiness Administration [ 13 <br />C.ER. 301,1(4) ), this inrtrttioeut is to be eotnnwrued and enforced in accordance with applicable Federal law. <br />10. h judicial decree, order, ar judgment holding any provision ar portion of this instrument invalid or un•. <br />enforceable shall oat in any way impair ar preclude the enforcement of the remaining provisions or portiow of <br />this itutrnneat. <br /> <br />