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H1--~)0292Ei <br />3. The mortgagor covenants and agroee that if he skald fail to pay acid indebtedness or any part therteif whit <br />dne. or shall fail to perform any covenantor agreement of this instrument or the prom%ssory note secured hereby, the <br />eetiro indebtedness hereby etxttrod shall immediately become dne, payable, and collectible without rtatiet, at the <br />option of the mortgagee or assigns, regardless of maturity, and the mortgages or hie assigns may before or after entry <br />sell acid property without appraieement (the mortgagor having waived and assigned to the mortgagee all`iigfits'hi <br />appnisement) <br />(t) at judicial sale puraaant to the provisions of 28 U.S.C. 2001{a); or <br />(tt) at the optiar of the mortgagee, either by auction or by aoliciutioa of sealed bids,'fer thehi~esttmd <br />hest bid complying with the terms of sale and roamer of payment specified in the published aeotkeE o(sR7e;7'ust <br />giving four weeks' notice of the time, terms, and place of ouch sale, by advertisement not loss than once <br />during each of said four weeks in a newspaper published or distributed in the county in which~said property <br />is sittuted, all othee notice being hereby waived by the mortgagor (and said mortgagee, or any pesson ar <br />behalf of ukd mortgagee, may bid with the unpaid indebtedness evidaroed by said note). Said. ask shall be <br />' hehl at-or on the property to be sold or a the Federal, twunty, or city courthouse far the county is which the <br />property is located. The mortgagee u hereby autltoriud to ezceute for and on behalf of the mortgagor and to <br />deliver to the purchases at each tale a auffictart convevaace of acid property, which arnveyance shall contain <br />eeeitab r to the 6apparing of the default upon which the execution of the power of oak herein granted <br />depends; and the said mortgsgor hereby constitute and appoints the mortgagee or any agar¢ or attorney of the <br />mortgagee, the agent and attorney in fact of said mortgagor to make such recital and to ezes:nte said <br />conveyaaroe and hereby tovenanes aril agrees that the recitals so made shall be effectual to bar all equity or <br />right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby <br />ezpressly waived and conveyed to the mortgagee; or <br />(at) take any other appropriate action pursuant to state or Federal statute either in state or Federal <br />court or otherwise for the disposition of the property. <br />In the event of a sale as hercinabove provided, the mortgagor or any person in possesion under the mortgagor shill <br />then berme and be tertann bolding over and shall forthwith deliver poeseffiion to the purchaser at such sale or be <br />summarily dispossessed, in accordance with the provisions of law appfi"lable to tenants holding over. The power <br />and agency hereby granted are coupled with an interest and ace irrevocabidl~y death or othrrwix, and arc granted <br />u cumulative to the remedies for collection of said indebtedness provided by haw, <br />4. The proceeds o[ any sale of said property in accordance with the preceding pugr^ph. shall be applied first <br />to pay the casts and expeme of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main- <br />taining said property, and reasonable attorneys' fees; secondly, to pav the indebtedties secured hereby ;and thirdly, <br />to pay any surplus or excess to the person or persons legally entitled thereto. <br />S. Ia the event said property ks sold at a judicial foreclowrc sale or pursuant to the power of sale heroiaabove <br />granted, end the preeeeds are not-soi5ciart to pay the total indebtedness secured by this instrument and evidenced by <br />said promissory cote, the mortgagee will be entitled to A defieieoey judgment for the amount of the deficiaicy ioithour <br />°'~ ~ appnisemntt. <br />6. [n the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien. <br />charge, fee, or other expense charged against the property, the mortgagce is hereby authorised at hie option W pay <br />the same. Any sums eo paid by the mortgagee ~tiall be added to and become a part of the principal amount of the <br />indebtedness evidenced by said note, subject w ekes 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 diecleazge all tares <br />a~ lieoa and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shall be eaacekd and surrendered. <br />7. The oovarante herein contained shall bind and the benefits and advantages shall inure to the repective euc- <br />eerrea and assigns of the partie hereto. Whenever used, the singular number shall include the plural, the ptnral the <br />ainptlar, and the use of my gender shall include all geaden. <br />& No waiver of say covenant hercka or of the ohligatitw secured hereby shall at any time thereafter be field <br />to be a xaiver of the terms hereof or of the note aecttred hereby. <br />9. In co_pliaa« wkth sectiea 101.1 (d) o[ tlee Rules end Regulstiom of the Small Business Admknistratioo [1S <br />C.F.R. 101.1(d) ), this kwtrrtmeot is to be coo~rred and enforced in accordance with rpplieabk Federal Uw. <br />Ie. A jndieiak dertt+e, order, or judgment holding any provision or portion of this instrument invalid or era- <br />eafararia6le shall sot kn soy way impair or preclude the arforcement of the remaining provisiom or portions of <br />this iaatnrsaeni. <br />cwo ova-~.e <br />sea r..~ sar ts-»t <br />