Loading...
HomeMy WebLinkAbout1060 \.T. LllC;E COlJk~Y, FlA, under (b) of pM&&"raph 2 preceding shall not be aufficient ~o pay ground renu, taxes and ~:nents and insurance fremiuma aa the caae may be, whe~ the !lame 6hall lx>come due and payable, then the mortgt.gor ~hal pay to the mortgage!! any amount neceuary to .nake up the deficiC:lcy, on or before tt~~ dat? when r~vment ')f auch gro.md rents, taxes, RlI8e88111ents, or insura~ce premiums shall be due. il. at any time "He mortgllior shall tender to the mortgagee in accoruance with the pro'.isions of the nc)te securt"'i hereby, full payment of the entire indebtedness represented thereby, the mortgagee shall. lB com- puting the amount of auch indebtednesa, credit ~D the account of the mortgagor all pa~'ments made under the provisiona of (a) of lJUagraph 2 hereof wInch the mortgagee has not become ebhgated to pa:. to. the Feder&! Houaing Commiuioner and any balance remaining in the funds accumulated under thl' Pi"O\'i:ctlOns of (b) of &aid pAl'8.i'raph 2. It there ahall be a default under any of the provisiona of this mort~uge. re- Bulting in a public sale of the premises covered hereby, or if the mortgagee acquires the propl.~ty other- wise after default, the mortgag~ shall apply, at the time (If the commL'ncement of such proch'd Illgs (lr at the time the property ill otherwist' acquired, the balance then remaininR' in the funds aCl'ulllUlat<';1 under (b) of paragrarh 2 preceding as a cretlit against the amOU:lt of principal then remaillin~npaid under u.id note and shall properl} adjust any paymentA which shall have been made lInder (a) of said paragraph, 4, That he will pay all taxes, assessments, water ratt's, and other governmental or muni'.'ipal charges, fines, or impositions, for which provision has not been made hereinbefore, and in default thereof tl1l' mort- gagee may pay the same; and that he will promptly deliver the officie 1 receipu therefor to the n:ortgagee, 6. That he will permit. commit, or suffer no waste, impairment, or deterioration of said prllpel'ty or any p8rt thereof; and in th~ event of the failure of the mortgagor to keep the buildings on sai{j premises and those to be erected on said premises. or improvements thereon. in good repair. the mortgagt'l' may make such repairs as in its discretion it may deem nece88ary for the proper preservation tlll'reof, and the fell amount of each and every such payment shall be immediatE:ly due and payable. and shall LJe se<:ur\:d by the lien of this mortgage. 6. That he wiil pay all and singular the costs, charges, and expenses. including reasonable lawyer's fees, and costs of abstracts of title, incurred or paid at any time by the mortgagee because of the failure on the part of the mortgagor promptly and full)' to perform the agreemellts and co\'enants of said prom- issory note and this mortgage, and said cosu, charges, and expenses ahall be immediately due and pay- able and shall be secured by the lien of this mortgage, 7. That he will keep the improvements now existing or hereafter erected on the mortgaged property, insured as may be required from time to time by t}1e mortgagt'e against loss by fire and other ha~ards. casualties, and contingenciCfl in such amounts and for such periods as may be required by mortgagee, and will pay promptly. when due, any premiums on such insurance for payment of whi<:h provision hIlA not been made h'ereinbefol'e, All insurance shall be carried in companies approved by mort){aKt'e and the polk!~ and renewals thereof shall be held by mortgagee and have atta<:hed thereto loss payable clauses in favor of and in form acceptable to the mortgagee. In event of loss he will gi\'e immediate notice by mail to mortgagee, and mortgagee may make proof of 1088 if not made promptly by mort~a~()r, and each insurance company concerned is hereby authorized and directt'd to make payment for su<:h 1088 directly to mortgagee instead of to mortgagor and mortgagec jointly, and the insurance pro,.'pecls, or any part thereof, may be applied by mortgagee at iu option either to the Tl,<ludion of thc inclpbtl'clness hereby secured or to the restoration or repair of the property damaged, In event of foreclosun' of this mortgage or other trangfe!' of title to the mortgaged property in extinguishnH'nt oi the indPl)ll'dnpss Becured hereby, all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. 8. That the mortgagee may, at any time pending a suit upon this mortgage. app:y to the court hav- ing juriadiction thereof for ~he appointment of a receiver, and slid I wu,t :;h~!! f~!"th\l'itn ~ppoint a receiver of the premises coverd hereby all and singular, including all and singular the income, profits, iaaUe8, and revenues from whatever source derived, each and every of which, it bein~ expres;;ly under- stood, is hereby mortgaged as if specifically set forth and de2;:ribed in the granting and habendum clausps hereof, and such receiver ghl1!l have all thp hroad and effective functions and powers in am.wise entrusted by a court to a receiver, and such appointment shall be made by such court as an adnlitt('d equity and a matter of absolute right to said mortg~gee, and without reference to the adequac.... or inad- equacy of the value of the property mortgaged or to the solvency or insolvency of said mortgagor or the defendants, and that !Such rents, profits, income, issues, and revenues shall be 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 agrees to pay to the mortgagee on demand as a reason- able monthly rental fo~ ~he premises an amount at ieast equivalent to ene-twelfth U'l~) of the aggregate of the twelve monthly mstallments pa~'able in the then current year plus the actual amount of the annual tax~l asseasm en ts , water rates, and insurance pfl:!mium8 for such year not covered by the aforesaid monmly paymenta, , .9. The ,mortgagor further covenants that should this mortgage aud the note s('cured hereby not be chg1~le for msurance under the National Housing Act within 30 DAYS from the date hereof (wntten statement of any officer of the Federal Housing Administration or authorized agent of the I't:!dera1 Houail,lg. CD~iS8ioner dated !Sub8equent to the 30 D' 'r n time from the date of this m?ry~e, dechnmg to l;.sure said note and this mortgagE, being feemed conclusive proof of such in- e!lglblhty), the mortgaaee or the holder Df the note may lit iu option declare all sums secured hereby immediately due and payable. " .10. That (a) in the event.of any breach of this mortgage or default on the part of the mortgagor, or (b) m the event th~t any of u!d suma of money herein referred to be not promptl:; and fully paid with- out demand or notlc~, or (c) In the event that each and every the stipulations, agreements. conditions. ~d covenant. of said note and this mortgage, are not duly, promptly. and fully performed; then i~ eIther or any luch event, .the uid alil'egate aum mentioned in said note then rt'maining unpaid, with !nterelt accrued to that .time, an~ all money. secured hereby, shall become due and payable forthwith, or the~~ter, at ~he optIOn of sal~ mortgagee, aa fully and completely as if all of t~e said sums of money were ongmal!y !ltlpulated to be paid on such day, anything in aaid note or in this mortgage to the contrary n~ithatandl~l; and thereupon or tbt!reafter, at the Dption of said mortgagee, without notice or d<>mand, IUlt at law or In equity, may be pr08eCuted fA if all moneys secured herehy had matured prior to its insti- tution. The '!lortgagee may foreclOle this mortp.ce. .. to the amount so declared due and payal)ie, and the aaid prem~ ahall be sold to uUafy and pay the same together with costs, expenses, and allowances. In eue of partial. foreclo.ure of thia mortPfe. the mortgaged premises shall be sold subject to the con- tin~ina l~enth~f this mott.gqe for the &r1ount of the debt not then due and unpaid. IT. such ca.se the pro- villODa 0.. 11 p&racraph may ~n be availed of thereafter from time to time by the mortg~gee. lf1- Ths.ththe m~rta'alOr will give immediate notice by mail to. the mortgagee of aQY conveyance, traM er, or e anp of oWllerahip of the premM. 12, That no waiver of any eovenant herein or of the obliptiDn secured hereby shall at any time thereafter be held to ~ tl waiver of the tenna ht!reof or of the note secured hereby,