Loading...
HomeMy WebLinkAbout1813' 3' _ 8~ ~ _ . ;TsT. ~uc~r. ~~~-. ~ - TOOETHEIR Wl1'H all std sitsguiar ehe /atesata.~-Maditameraa sad appatMesaaoa tbereuaa bebregiag oe is swywise ehereuato appsrainiag sad tM eeaa, issues asd pda tlatool. sad sJw'aU tM estaM. right. title, interest and aq claim and demand vvhaaoever, sr welt i• law m i• atluity, of tM nud 1[acepjor is sad to tbt ame, including but not limited to: ` (a) All reab, peofia, reueauss, wyahies. riEha sad bessefia derived from t1) txops Erorrn oa said security and produce at the soil otherwise (2)'oil, gas a mirseral lease of the premiss a any part thereof, tsow existing a hereinafter made, sad (S) all other renb, issues sad profia of the premises from time to titan accruing, whether under krass or tenancies now existing a hereafter created: in esch such t:ase with the right is tM 1[origagee, but only at ib option. to receive and receipt therefor and to apply the same u it may elect eo say 6sdebtedssas soured hereby, and the Mottgagte, at is option, may demand, sue toe and recover any such paytaeaa, raentiag to the Mortgagor, however, so kx-g as aid Morigsgor it not is default hereunder, the right to receive and retain such recta, iaua sued profits. (b) AU judgments, awards of damage and settkmenb hereafter made m a result o[ or in lieu of any taking of the premises or any part thereof under the power of eminent domain, or.tor any damage (whether caused by sue6 taking or otherwise) to the premises or the impwvemena thereon or any part thereof; such part of any such judgment, award or settlement, as the Mortgagee may elect to be applied to the indebtedness hereby secured and the balance thereof, i( any, to be reserved to the party or parties otherwise entitled thereto. TO HAVB AND TO HOLD the above granted sad dacn'bed premises to the said Mortgagee, is succeswn atld attigns, (otever, sad the aid Mortgagor dots hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever: provided always that if Morigascor shall pay to Mortgagee that certain promissory torte above described and :}sell perform all other eavetsanb atsd tx>nditions of aid pwtnissory note, and of any renewal, extet-uon or modi- fication thereof, and of this mortgage. then this mortgage and the estate herebr rre~ted shall eeaee and he null and void. ~ Mortgagor further covenana anti a[rrces with Mortgagee as follows: j ~ 1. To pay all sums including interest secured hereby when due, a provided for in said promissory note and any renewal, extension or modification thereof asxl in this mortgage, all such sunu to be payable in lawful money of the United Stairs of America at Mortgagee's aforesaid principal office, or at such other place as Mortgagee may designate in writing. 2. To pay when date, and without requiring any tsotice from Ilforigagee, all taxes, assessments of any type or nature and other charges levied or assessed against the premises hereby encumbered or any intemt of Mortgage thercio.. To immedi- ately par and discharge any claim, lien or c,xumbnnce against assth premises which may be or become superior to this mort- gage and to permit no default or delinquency on any other lien, encumbrance or charge against such premises. S. If required by Mortgagee, to also make monthly deposits with 1lforigagec, in anon-interest bearing account, together with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxes and assessments which may be levied against the premises, and (if so required) one-twelfth o[ the yearly premiums for insurance thereon. The amount of such tares, assessments and premiums, whrn unknown, shall be estimated by Mortgagee. Such deposia shag be used by Mortgagee to pay such taxes, assessmenb and premiums when due. Any insuffirienry of such account to pay such cheeses when due shall be paid by Mortgagor to Mortgagee on demand. if, bl' reason of any default by Mortgagor under any provision of this rrsort- gage, Mortgagee declares all sums secured hereby to be due usd payable, 1-iorigagee may then apply any funds in aid account against the entire indebtedness secured hereby. The enforceability of the covenants relating to taxes, assessments and insunnce premiums herein otherwise provided shall not be affected except in so far as those obligations have been met by compliance with this paragraph. Mortgagee may from time to time at is option waiee, and after any such waiver reinstate, any or all prmhsions hereof requiring such deposits, by notice to Mortgagor in writinS. While any such waiver is in effect Mortgagor shall pay tares, assessments and insurance premiums >s herein elsewhere provided. 4. To pay all taxes, stamp tax or other charge which may be a:sesscd upon this mortgage, or said note, or indebtedness secured hereby, without regard to any law, Federal or State, heretofore or hereafter enacted, imposing payment o[ all or any part thereof upon Mortgagee. In event of enactment of any law imposing payment of all or any portion of any such taxis upon Mortgagee, or the rendering by any court of last resort of a decision that the undertaking by Mortgagor, >s herein provided, to pay such tax or taxes is legally inoperative, then, unless Mortgagor necerthekss pays. sue6 taxes, all sums hereby secured, without any deduction, shall at the option of Mortgagee become immediately due and payable, notwithsunding anything contained herein or any law heretofore or hereafter enacted. S. To keep the premiss insured against loo or damage by fire, windstorm or extrnded coverage and such other hazards as may be required by Mortgagee, in form and atnouna atisfactory to, and in insurance companies approved by Mortgagee, and with acceptable mortgagee loss payable clauses attached. Such policies, together with such abstracts and other title evidence as may be required by Mortgagee, shall be delivered to sad held by Mortgagee without liability. Upon foreclosure o[ this mortgage or other acquisition of the premises or any part thereof by Mortgagee, aid policies, abstracts and title evidence shall become the absolute property of 1lforigagee. 6. To Ent obtain the written consent o[ Mortgagee, such cor-xmt to be granted or withheld at the sole dixretion o[ such Mortgagee, before (a) removing or demolishing any building now or hereafter erected on the premises, fb) altering the arrange- ment, dcaign or structural character thereof, (c) making any repairs which inwhe the removal of structural parts or the t exposure of the interior of such building to the ekrnena, or (d) except for domestic purposes, cutting or removing or permitting the cutting and removal of any trees or timber on the premiss. 7. To maintain premises in food condition and repair, including but not limited to the making of sssrh repairs as Mortgagee may from time to time determine to be necessary for the preservation of the premises an.l to not commit nor permit any waste thereof. g. To comply with all laws. ordinance. regulations, covenants. conditions and restrictions affecting the premises. and not to suffer or permit any violation thereof. 9. If Mortgagor faib to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or asseument or insurance premium, or to keep the premises in repair, or shall commit or permit waste, or if there be commenced any action or proceeding affecting the premises or the title thereto, then Mortgagee, at its option, may pay said claim, lien. encum- brance, tax, assessment or premium, with right of subrogation thereunder, may make such repairs and take such steps as it deems advisable to prevent or cure sue6 waste, and may appear iu any such action or praecding and retain counsel therein, and take such action therein as Mortgagee deems advisable, and for any of wid purpose Mortgagee may advance such sums of money, including all costs, fee and other items of expense as it deetm necessary. Mortgagee shall be the sole judge of the legality, validity and priority of any such claim, Gen, encumbrance, tax, assessment sad premium, and of the amount necessary to be paid in satisfaction thereof. Mortgagee shall not be held sccountabk for any delay in making any such payment, which delay may result in any additional interet, cost, charge or expense otherwise. 10. Mortgagor will pay to Mortgagee, immedutely and without demand, all sums of money advanced by Mortgagee pursu- ant to thu mortgage, together with interst oo each sue6 advasscereent at the rate of .ten per cent. (1096) per annum, and all sue6 sums and interest thereon shall fie secured hereby. ~ , 11. AO surtu of money secured hereby shall be payable without any relief whatever form any valwtion or appnisement hors. 12. If default be made in paymsst of any iostal~oent of principal or interst of aid cote or any part thereof when due. or in payment, when due of any other sum secured hereby. or is performance of any of Mortgagor's obligations, oovenana or agreemena hereutder, all 0( the indebtedness secured hereby shall become and be immedutely due and payable at the option d Mortgagee, without notice or dematd which are hereby exprearly waived, in which event Mortgagee may avast itself of all sighs t J ~~ (L