Loading...
HomeMy WebLinkAbout0302 ~ ~ i- Y.~ a , .wits ~ lr 3. The mortgagor eovenante sad agrees that i[ he shall fail to pay said indebtednew or any part thereof when due, or +hall fail to perform any covenant or agreement of this Instrument or the promissory note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry sell said property without appraisemcnt (the mortgagor having waived and assigned to the mortgagee all rights of appraisement) 1 t 1 at judicial sale pursuant to the provisions of 28 U.S.C. 2001(a) ; or (tt) at the option of the mortgagee, either by auction or by solicitation of aeakd bids,'ior the highest and best bid complying with the terms of sale sad manner of payment specified in the published twtioe of sale, fist Riving four weeks notice of the time, terms, and place of such sale, by adveriiaement not less than once during each of said tour weeks in a newspaper published or distributed in the county is which said property is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or say petaoa oa behalf of said mortgagee. may bid with the unpaid indebtedness evidenced by said note). Said sak shall be held at or on the property to be sold or at the Federal, county, or city courthouse for the county in which the property is located. The mortgagee is hereby authorised to execute for and oa behaU of the mortgagor and to deliver to the pur~hsser. at. such sak a sufficient conveyance of said property, which conveyance shall contain recita4 as to the happening of the default upon which the execution of the power o[ sak herein granted depends; and the said mortgagor hereby comtituta and appoints the mortgagee or any agent or attorney of the mortgagee, the agent sad attorney in fact of said mortgagor to make such recitab and to execute said conveyance and hereby covenants sad agrees. that the recitals so made shall be e6ectual to bar all equity or right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby expressly waived and conveyed to the mortgagee; or (ttt) take any other appropriate action pursuant to state or Federal statute either in state or Federal court or otherwise [or the disposition of the property. In the event of a sale as hereinabove provided, the mortgagor or any person in possession under the n?origagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at ouch sale or ~be summarily dispossessed, in accordance with the prnvisiona of law applicable to tenants holding over. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted as cumulative to the remedies for collection of said indebtedness provided by law. 4. The proceeds of any sale of said property is aceordaace with the preceding paragraphs shall be applied first to pay the costs and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main- taining said property, and reasonable attorneys fees; secondly, to pay the indebtedness secured hereby; and thirdly, to pay any surplus or excess to the person or persons legally entitled thereto. S. Ia the event said property is sold at a judicial (orecloaure sale or pursuant to the power of sale heniaabove granted, and the proceeds are not su6cient to pay the total indebtedness secured by this instrument and evidenced by F said promissory ante, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without ! re6ord to appretisement. i 6. In the event the mortgagor fails to pay any Federal, state, or local tax aaaesement, income tax or other tax lien, charge, fee, or other expense charged against the property. the mortgagee is hereby authorized. pt~6~-~pt~on w pay € the same. Any Bums ao paid by the mortgagee shall be added to and become a part of the pl~n~al "amount of the indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge alt taxes and liens and the costs, [sea, and expenses of making, enforcing, and executing Cis ~grtgage, thFn this mortgage shall be canceled and surrendered. - e 7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective sae- ceason and assigns of the parties hereto. Whenever used, the singular number shall istclTtde the plural, the plural the singular, and the use of any gender shall include all genders. 2 8. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereof or of the note secured hereby. a li 9. In compliance with section'101.1(d) of the Rules and Regulations of the Small Business Administration [13 s C.F.R. 101.1(d) j, this iwtrument is to be construed and enforced is accordance with applicabk Federal law. ~ l0. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or un- enforceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of this instrument. - GPO 939 779 9aA r~.~ 9tT 13-73) r . /IQ ALl[1 /~~aA