Laserfiche WebLink
$1--a0377Q <br />3: The mortgagor covenants and agrees that i[ he shall fail to pay said indebtedness or any part thereof when <br />due, or ahafl fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the <br />entire indebtedneee hereby secured shall immediately became due, payable, and collectible without notice, at the <br />option of the morigagee or assigns, rtgardless of maturity, and the mortgagee or his assigns may before or after carry <br />sell said property without apprateement {the mortgagor' haying waived and assigned to the mortgagee ail rights of <br />apprrrsmcat) <br />(tl at judicial Bale pureoant to the provisions of 28 U.S.C. 2fx11(a) ; or <br />(tt) at the optima of the mortgagee, either by anetioa or by wlicitation of seated bids,~fot the highest atsd <br />best bid complying with the terau of wle and manner of payment specified in the published noted: of Bale, teat <br />giving four weeks' notice of the time, terms, and p-ace of such sale, by advertisement not lase t;;an once <br />during each of said four weeks in a newspaper published or distributed in the county in which said prop~~~ <br />:; situated, all other notice being hereby waived bq the mortgagor (and said mortgagee, or any pers~ en <br />behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said Hots}. Said sale shall be <br />hsld at or oo the property to be sold or at the Federal, county, or city conrthouee 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 acid property, which conveyance shall contain <br />reeitab as to the happening of the default upon which the eaecntion of the power of sale herein granted <br />depends; and the said- mortgagor hereby constitutes and appbinta the mortgagee or any agent or attorney of the <br />mortgagee, the agent sad attorney in fact of said mortgagor to males such recitals and to e:eeate said <br />twnveyantx sad hereby covenants and agrees that the recitals eo made ehail 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 />eapreesly waived sad conveyed to the mortgagee; or <br />(rat} take any other appropriate aMion pnrsnaat to state or Federal etatate 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 poexesion ender the mortgagor si~ !! <br />then become and be tenants holding over and shall forthwith deliver poeseasion to the purchaser at such sale or be <br />summarily dispoeeessed, in accordance with the provisions of law applicable to tenants holding over. 'fhe power <br />and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and ere granted <br />w camulative to the remedies for collection of said indebtedness provided by law. <br />4 The proceeds of any sale of said F-opertq in accordance with the preceding paragraphs shall be applied 'Lest <br />to pay fire casts and eapemes of esid sale, the expenses incurred by the mortgagee [or the purpoec of protecting or main, <br />raining said property, sad reasonable attorneve` fees; secondly, to pay the indebtedness secured hereby; and thirdly <br />to pay say surplus or eaceas to the person or persons legally entitled thereto. <br />S. Ia the event said property ie sold at a judicial foreclosure sale or pursuant to the power of Bale hereinebove <br />granted, and the proceeds are not suici~t to pjy the to41 indebtedner secured by this instrumwt and evidmoed Bq <br />said promirory ante, the mortgagce will be entitled to x deficiency judgment for the amount of the dejGcirlttcy toitkottt <br />regard to appraire+neat. <br />6. In the event the morigagor 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 mortgagee is hereby authorised et his option to pay <br />the same. Any sums so paid by the mortgagce shall be added to and become a part of the peincipai amount of the <br />indebtedness evidenced by said note, subject to the same terms and conditions. Ii the awrtgagor shall pay and <br />discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all tares <br />and liens and the costa, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage <br />shalt be canceled and surrendered. <br />7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective snc- <br />cusor and asatgas ~ the pariiee hereto. Rltenever used, the singular number shall iaclade the plural, the plural the <br />sio&alar, and the use of say gender shall ittclnde all gender. <br />JL No waive of any covenant herein or of the obligation secured hereby shall at any time thereafter be held <br />to Ito a waiver of the terror hereof oe of the note secured hereby. <br />9. ~ ooasPliance with section 101.1 (d) of the Rnlea and ftegulatiom of the Small Baeineas Administration [l3 <br />C.F.H. IOLi(dl ), this inutrument is to be construed and enfoettd in accordance with applicable Federal law. <br />ill. A judicial decree, order, or judgment holding any provision or porpoa of this instrument invalid or un- <br />mforeeabk shall not in say way impair or preclade thr enforcement of the remaining provisions or portions of <br />tlaia instrument. <br />say -~vr 4r7 Is-1a) <br />