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HomeMy WebLinkAbout0493~;~-~ ~- _. ~~ =~ ,~ .. _. , .:z~.. ~ ~ ... S.T, I.uCiC COUNtY. ilA. 3. If the total of the pa ants made by rile Mot~gagor under (a) of paragraph 2 preceding shall exceed the amount of payments actually made by the Mortgaass, for oral rents, taxes and assessments, and iissuranoe premiums, as the case ma~ be, such excess shall bs oraditsd on sent payments to be made by the Mort- gagor for such items or, a Mortgagee's option, shall be refunded to ortgagur. If, however, such monthly ppa~~ymenta shall not be sufficient to pay such items whets the same shall become due and payable, then the Mortgagor.shall paw to the Mortgagee any amount neoewary to makeup the deticienoy. Such payment shall be made within thhturity (30) days after written notice from the Mortgagee stating the amount of the deficiency, which notice nosy be liven by mail. If at time the Mortgahor shall tender to the Mortgagee in accord- ance with the provisions of the note secured hereby, full payment of the entire indebtedness represented thereb , the M shell, in computing the amount of such indebtedness, credit to the account of the Mortgagor any 't balance remaining under the provisions of (a) of said p ph 2. It there shall be a def ult under any of the ~rovisiona of this mortgage resulting in a public sale of the premises covered hereby or ii the Mortgagee acquires the property otherwise after default, the Mortgagee shall apply, at the Lime o~ the commencement of such proceedings or at the time the property is otherwise ac uired, the amount then remaining to credit of Mortgagor under (a) of paragraph 2 preceding as a credit on the interest accrued and unpaid and th~}e balance to the principal then remauiing nnpauLd on a~ud note. ' ~. i~d wLl t+ai r~ , aaa~wruwiiw~, w`ww: iivw, ~ v.h.:: 0-.. ••+••~•••..~~wvr.E~~ w wn..w•?~.~ 1 C";_er_s~i~ f_.:.~y .:!' honpoeitions, for which provision deliver oSicW reoei therefor to the Mo ~~ the Ddort~ee ~ P4Y ~ same; and that he will promptly pis rtgtigee. b. He will permit, commit, or suffer no waste, impairme>i or deterion-tion of said property or any ~ thereof rs;~r *p••r_+ai~ble wear and tear: and in the event of the f ' of the Mortgagor to keep the buildings on sai~ premises and those to be erected on said premises, or improvements thereon, in good repair the Mortgages may make such repairs as in ire discretion it may deem iseoeesaty for the proper preservation thereo~, and the full amount of each and every such psymeat shall be due and p~ysble thirty (30) days after demand, and shall be secured by the lien of this mortgage. 6. He will pay all and singular the costa, des and eaipenses, includin6 reasonable lawyer's fees, and costs of abstracts of title, incurred or paid st any time try~t6e ~ldortgagee became of the failure on the part of the Mortgagor prompt>tiyr and fully to perform the agreements and eovenaats of said promissory note sad this mortgage, and said costa, charges, and expenses shall be immediately due sad payable and shall be secured by the lien of tea mortgage. 7. He will oontinuoual'ry maintain hasard insurance, of such type or t and amounts os Mortgagee map from time to time require, on the improvements now or hereafter on said, p»mises sad except when payment for all such premiums has theretofore been made under ~(a of psragra~h 2 hereof ~e will pay promptly when due any premiums therefor. All insurance shall be carried in companies approve by Mortgagee and the poli- cies and renewals thereof shall be held by Mortgagee and have attached thereto loss payable ausee in favor of .2 - F,.~.-r•: - - :t.a~?s ?il 3Z:=: ~ s:s_F:~gs__3p~:-~_ T_r FS=_^i Of 1-~ 1{P °'lll £_!YP lI!lll3Shclt~ IIOt-!GC 1)v mall tO MOrtQ'aQf+9. silo ii::v.a•a : '.::: }•.-•••.• - L_-_ _-' ! ,.i R--~s~ '~ • m~~.~~ ne•e:mn}~4 }tP 14~A1'Ls~e~AT- !.~ OaO~ IILUr'RnC~ c-[iln~laily and MOi'[gagee LIOy lliss0 iiltiva va a••ao as aa^vv Y-~--•r --.7 r -v-o--+ concerned is hereby authorized and directed to make payment for such loss directly to Mortgagee instead of to Mortgagor and Mortgagee jointly, and the insurance proceeds, or any plot ihsiro ,rosy be sop led by Morlr gages at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property dammed. In event of foreclosure of this mortgage or other transfer of title to the mortgaged property m extinguishment of the indebtedness secured hereby, a~l tight, title, and interest of the Mortgagor m and to any insurance policies then in force shall pass to the purchases or grantee. 8. He will not execute or file of record any instrument which imposes a restriction upon the sale or occu- pancy of the property described herein on the basis of race, color, or cre~fl: -• 9. The Mortgagee may, at any time Pending a suit upon this morttggage apply to the court having jiiris(iir- tion thereof for the appointment o a receiver, and such court shall forthwit~i sQpoint a receiver of the premises covered hereby all and singular, includiii~ all and singular the income, profile, issues, and revenues from what- eyersource denved, each and every of which it being expressly understood, is hereby.mortgageEl as if specifically act forth and described in the granting anE~ habendum clauses hereof. Such appointment shall be made by such court as an admitted equity and a matter of absolute right to said :lfortgagce, and without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said ;1lortgagor or the defendants. Such rents, pTofita, income, issues, and revenues shall b» applied by such receiver according to the lien of this mortgage and the practice of such court. In the event of any default on the part of the Mortgagor hereunder, the Mortgagor e~rees to pay to the Mortgagee on demand as a reasonable monthly rental for the premises an amount at least egwvalent to one-twelfth (~:) of the aggregate of the twelve monthl~- inatallments payable in the then current year plus the actual amount of the annual Lazes, assessments, water rates, and insurance premiums for such year not covered by the aforesaid monthly payments. 10. In the event of any breach of this mortgage or default on the part of the Mortgagor, or in the event that any of said sums of money herein referred to be not promptly and fully paid according to the tenor hereof, or in rho event that each and every the stipulations, agreements, conditions, and covenants of said note and iliia mortgage, are not duly, promptly, and fully performed or if the Mortgagor be adjudicated bankrupt or made defendant in s bankruptcy or receivership proceedings, then in either or any such event, the said aggre- gate sum mentioned in said note then remaining unpaid, with interest scerued to that time, and all money secured hereby, shall become due and payable forthwith, or thereaKer, at the option of said Mortgagee, as fully and completely as it all the said sums of money were originally stipulated to be paid on such day, any- thing in said note or in this mort{tiage to the contrary notwithstanding; an thereupon or thereafter, at the option of said vtortga{;ee, without notice or demand, suit at law or in equity, mLv be prosecuted sa if ell moneys secured hereby had matured prior to its institution. The A'IorltlgLa~gee may {oreclose this mortgage, as to tale n• on .tnr w ' li be said to OPt~ty and pay the same together ra„,,.~ _1_ wri ~IIP wnd nRVRb1P, Rnd thE: Bald uteiiliriCxi d(in s.llu•:: ia:ai,a';.°. iR n~cn ni nnrtigl tl~f P(~1(-RUrP of tnib mor[{ta~e, the illurti{d~-'t'a~ pTE•misin ~riih c(min, cxtn(irsra, ~.i~:. shall be sold subject to the continuing lien o[ this mortgme fur the amount of the debt not then due and unpaid. In such case the provisions of this paragraph may again be availed of thereafter from time to time by the Mortgagee. 11. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter Fie held to be ~ waiv1er of the teems hereof or of the note secured hereby. 12. The lien of this instrument shall remain in full force and effect during any postponement or extension of the time of payment of the indebtedness or any part thereof secured hereby. 13. This mortgage is given to secure the purchase money, or a part thereof, of the lands heroin described and is executed sad delivered contemporaneously with the dead therefor. 14. If the Mortgagor default in any of the covenants or agreements contained herein, or in said note, than the D4ortga~eo may perform the same, and all expenditures dSincluding reasonable attorney's ices) made by the l~tortgege(~- m so 30ngahalaf(ter demand, and, together with "mtefrest and co to csccrueddthereon shall beasecured repayable thug ( ) d ys by this mortgage. I5. Upon the request of the Mortgagee the Mortgagor shall execute and deliver s supplemental note or notes for the sum or sums advanced by the Mortgagee for the alteration, modernization, improvement, main- tenance, or repair of said premises, for taxes or assessments against the same and for any other purpose author- ized hereunder. Said note or notes shall be secured hereby on s parity with and as fully as it the advance evidenced thereby were included in the note fast described above. Said supplemental note or notes shall bear ~)~'~~