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HomeMy WebLinkAbout1489~~Rx 5~. eA~F125 revenues from whatever source deriSr~dt'.~~d1~T~Rver shall have all the broad and effective functions and powers in agYwiae entrusted by a court to a receiver, and such appointment shah be made by such court as an admitted eg4ity and a matter of absolute right to said Mortgagee, and witbout reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said ;iortgagor or the defendants, and such income, profits, rents, issues and revenues shall be applied by such receiver accort-ing to the lien of this mortgage and the practice of such court. 8. If the Mortgagor defaul',:s in g.~y of the covenants or agreements contained herein or in said note, then the Mortgagee may perforr- the sane, and all such expenditures made by the Mortgagee, including a reasonable attorney's Pee, in so doing shall draw interest at the rate of eight per centum per annum, and shall be repayable i.mDeZiately and without demand, and all such expenditures shall be secured by the lien of this mort- gage. The Mortgagee shall be subrogated, for further security, to the lien of any and all liens or encumbrances paid out of the proceeds of the loan secured by this mortgage, even though the lien or encumbrance so paid from such proceeds be released. ~.,,a_..~ _-. of the revisions of a certain construction loan agreement which has been executed and delive rties hereto simultaneously with the execution and delivery hereof (the proceeds o indebtedness being for the purpose of financing construction on said mortgaged pro terse of which construction loan agree~ent are by reference made a part hereof. The lien o t,age secures the payment of all sums payable to Mortgagee and the performance of all co d agree- 9. ~. In addition to all other indebtednesses secured by the first lien of this mortgage, this mortgage shall secure also and constitute a first lien on the mortgaged property for all future advances msde by the Mortgagee to Mortgagor within five yea~~s from the date hereof to the same P-xtent as if such future advances were made on the date of the execution of this mortgage. Any such advances may be made at the option of Mortgagee. The total amount of the indebtedness that may re secured by this mortgage may increase or decrease from time to time, but the total unpaid balance secured at any one time by this mortgage shall not exceed. a maximum principal amount of twice the principal amount stated in the promissory note a substanti::l copy of which is included herein, plus interest thereon and any disbursements made by Mortgagee for the payment of taxes, levies or insurance on the property encumbered by this mortgage, with interest on such 8isbursements. Z0. 30 long as -the mortgagor is not in default in the performance of any of its obligations hereunder the mortgagee shall upon written request of the mortgagor release any or all of the following parcels of the mortgaged property upon payment to mortgagee in cash of the principal sum set opposite the respective parcel below plus interest to the date of such release: Parcel Parcel A, B1.ock 33 Parcel C, Block 33 Parcel E, Block 33 Parcel G, Block 33 Parcel J, Block 33 Release Price $15,000.00 15,000.00 14,000.00 16,000.00 14,7co,oo The cost of preparation and recording of such partial release shall be paid by the mortgagor. The term Mortgagor shall ba co:lstrued~singular er plural, masculine or feminine, and corporate, partnership or individual, whichever the context hereof requires or admits. IN WI'T'NESS G~REOF, the Mortgagor has executed this instrument under seal the day and year first above written. G EVELOF CORPORaTI0i1 Signed, seale3 and delivered in the presence of: i SFID Form M-2906 (g-12-60) BY ~.~. W`~ v $.. A. ,~ , : .resident ~~ L. Iha~sa,'. QCre ' ~ ~ ~ (~ rat? $e~i7.) ~ . . ._f~. r4`~w c ' ' ` - 4 - f ;. ..... . r~~`~,~~`