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HomeMy WebLinkAbout1597 141 ,>,IIC, .:,r po;lcics ~id MORTGAGI'E s~11 ha':e the option to rec.l~ and apply tile umor un KCOunt (\t tlu indet>tedneu secur<<l hereby VI to ,.,ernlll >.lId p.,';)RT( ACORS 10 r~eive .lnd use it or any plIrt thereof for o~;'er pul~ without tn.rebv _ivi'l Of' Impelrin, Iony equity, h~n or "ghl un~cr or by virtUt' of this Morta.lge; and h. the ewnt taid MORTGAGORS sNlI for any rult'ln bl to "'NIP tn. uid premi$eJ so Insured, or tail 10 de~'vu promptly any of said policies of insurance tv said MO~TCAGEE, cr fail prompt:y to pay tul~f ."'1" p.-.m!um therefor, vr ,n ~ny respe<:t fall t" perform, d'schar~e, execute, effect, complete, comply with and ,,!>IM by thl~ covenant, or IIny part hereof, wid MORT. GAGEE IT'~)' 'llacc and pay for such insurance v~ an)' part thereof wlthoul wllivina or "Heetin, IIny option, lien, equity, or rl,ht under Of' by virtue of Ihis Mortgage, an;:! the full ~",ount of each and every such payment s~1I be Immediatdy due and_ P'lyable and shall beer Inte~t hom th~ d.!te Ihereof unl,l pilid at the rate of six and sh,.tentha per cent par arV'lum and totether with such 'nterest shall be wcured by the I.cn of this morlgaae, .4. To perm.t, commil or suf!er no waste, i~irment or deter:oraUon of said property or Iny part tn.!WOf. 5. it is hereby spt'<,fiCi!lly agr~ that any sum or'sums which m<>y be lOAned or aC:V~nce<1 by the Mo:-t.aaee to tile Mortpao~ at IIn1 -"ue Jfter tl,c record,n,. 0f tHs Inden:ure together with Interest ther.e<)n at tile rate agreed upon at the time of s~ loan or adv.nce, s~1I be ('qua'l,. secured with ar,d have the same priority as the orlail'\lll indebledness, and be subject In all the tflrms and provisions of thIS mo,tga,e: Provided. tr...]t the acgregllle amount of rrincipal ooJtstanding at any time shall not exceed 8n amount eqUllI to one hundred &nd fifty per cent (150 %) of the proncipal amount oroginally secured hereby. ' 6, To pay all and singular 'he cosh. charges and expenses, includin, . reason.ble attorney's fee and costs of .bstract of title in- Curred or paId at ilny lime by said MORTGAGEE beuuse Of' in the evont of the failure on the part of the uid MORTGAGOR to duly, promptly and tully pcdorm, discharge, execute, ellect, comiJlete, cvmply with and abide by each .nd frYery the stipulations, elreemenh, condttior\s ':lnd c.wcnants or said promissory note and this mort~age any or either, and uid costs, c~raes and expenses, IlK'" and fIWKy, Jhall be ,mmed,ate:y due and pavable; whelher or not there be notice, dem.tlnd, attempt to collect or suit pending: and tile full amount of IlKh and every such payment shall bear interest /rom the date thereol unlil paid al the rate of six .nd six.tenths per centum per arV'lum; and all llIid costs, charges and expenses so incurred or paid, together with such Interest, s~1I be secured by the lien of this mort,.,e, 7. That ia) in lhe event of any breach of this Mortg8i1l or default on the part of tilt' MORTG^COR, or (bl In the event any of llIid surm ot money herein referred to be not promptly and fully pllld within thirty (30) days next arter the yme severally become Jolt! and pay.ble, withoul demand or nolice, or (c) in the event each .nd every the stiDulations, .raeements, conditions and covenants 01 uid promissory note "nd this mortgage any or either are not duly, promptly and fully performed, dischuaed, eXKutrtd, etfe(;too. completed compiled with and abided by, lhen in either 0' any such event, the uid agiregate sum mentioned In said promissory note t~ remalnl", unpaid, with interest accrued, and all moneys secured hereby, shall b.!come due and payable forthwith, Of thereafter, at the option of IlIld MORTGAGEE, H tully and completely as if all of the said sums of money were originally stipullted to be paid on such day, enythln, In uld promissory note Of' in this M~. tgage to lhe contrary not withstanding: and thereupon or thereafter at the option of IlIld MORTGAGEE, without notice Of ct.mand, SUit at law or in equity, may be prosecuted as if all monies secured hereby had matured prior to in institution. S, That in the event that at the begin!"\ing of or :t any time pending any suit upon this Mortaage, Of to f~1ose it, Of' to reform .t, or to enlorce payment of any claims hereunder, said MORTGAGEE sNII apply to the Court ~ving jurlsdlctlon thereof tor the appointmcf'lt of a Receiver, such Court shall forthwith appoint a Rec^iver, of said mortgaged property all and singular, including all and singular the Income, profits, issues and revenues from whatever sourc.e derived, each and every of which, it being expressly unJerstood, I. hereby mort. gaged as if spectilically ~et forth and described in the granting and habendum clauses hereof, and such Receiver s~1I ~v;) all the broad and c1fecti,e funclions iI.,d poWErS in anywise entrusted by a Court to a Receiver, and such appointment s~1I be made by such Court as .n .1dmitled equity and a Il'I<ltter of absolute ri",ht to said MORTGAGEE, and without reference to the adeqUllCY or inadeq.iacy of the value of the property morlgaged or 10 Ihe solvency or insolvency of Sllid MORTGAGOR or the defendants, and t~t such rents, profits, incomes, l- and revenues shall be applied by such Receiver according to the lien or equity of said MORTGAGEE and the practice of such Court. 9. To duly, promptly and fully perform, discharge, execute, effect, complete comply with and abide by each and every tn3 stlpu. lations, agreements, corditions and covenants in said promissory note and in this D'\Vrtiaie set forth. 10. That in ~'lE event the ownership of the mortgaged premises, or any part thereof, becorr.es vested In a person other t~n the MORTGAGOR, Ihe MORTGAGEE, its succes'iOrs and assigns, may, wi thout notice to the MORTGAGOR, deal with such successor or successors in inlerest with reference 10 this morteage and the debt hereby secured in the Sll:ne manner as with Mortg.gor without in 8ny way vitiating or disch<:rging the Mortgag')r's liability hereunder or upon the debt hereby ~~ured. No sale of the premises hereby mortaaaed and no fore- bearancf' on Ihe part of the MORTGAGEE ()C' its successors or assigns and no extef'.sion of the time for the paymen; of the debt hereby secured gi'ien by the MORTGAGEE or its successors or assigns, shall operate to release, discnarae, modify, chanGe Ot effect the original liability of the MORTGAGOR herein, either ill whole or in part, 11. It is spe<:ificaUy agreed that time is of the essence of this contract and that no Wl!Ilvt:r cr any obliption hereunder Or of the obligation secured hereby shall .t any time thereafter 1M held to be a w.iver of tho terms hereof or of the instrument secured her..by. IN WITNESS WHEREOF, the said MORTGAGOR ~s here...nto set his ~nd ,IJnd SIllII the clay and YelIr firsi aforesaid SignP.d, Sea!ed and delivered in pr~ of; /~~L_7 ~ y"~ t!~~,c/ '77~___ . f" (--:/ V' '. 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