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HomeMy WebLinkAbout2254B0~ ~~., FA6E~~Q '. - ~ ST. ! tiC1E C; t~~ii!`• c~ ~. TOGETHER WITFI eel and singular the tenements, hercditimer.ts and appurtenances thereunto belonging or in anywix thereunto appertainirrs sad the rents, issuer and profiu thereof, and also all the estate, right, title, interest and all claim and s:emaad whatsoever, a woes in Iss•~ as in equity, of the said Mortgagor in and to the same, including but not limited to: (a) All rents, prQ{tts, revenues, royalties, rights and beneF.b derived from (1) crops grown on said security and produce of the soil otherwise (2) oil, gas or mineral leases of the premixs or any part thereof, now existing or hereinafter made, and (3) ail other rent, issues and profits of the premis-s from time to tisrie accruing, whether under leases or tenancies now existing or hereafter created; in each such case with the right in the Mortgagee, but only at its option, to receive and receipt therefor urd to apply ttie same as it may elect to any indebtedness scouted hereby, and the Mortgagee, at its option, may demand, sue for and recover any such pay-menb, rrxn•ing to the Mortgagor, however, so long as said Mortgagor is not in default hereunder, the right to receive and retain such rents, issues and profits. (b) All judgments, awards of damages and xttlemenb hereafter made as a result of or in lieu of any taking of the premises or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or othenviu) to the premises or the improvements thereon or any part thereof; such part of any such judgment, award or settlement, as the Mortgagee may elect to be applied to the indrbtedncu hereby secured and the balance thereof, if any, to be rcsen•ed to the party or parties otherwise entitled thereto. TO HAVE AND TO HOT.D the above granted and described premises to the said bfortoagrr, its successors and auigns, forever, and the said \fortga¢or does hereby fully warrant the title to said land, and will defend the same against the lawful ti claims of ail persons whomsoever; provided alwa}•s that ii Mortgagor shall pay to \tortra¢^e that certain promissory note above described and shall perform alt eth.r covenants and conditions of said promissory note. and of any renewal, extension or modi- 1 hcation thereof, and of this mortgage, then this mortgage and the estate hereby creite.l shall cease and br null and void. s ~(. t' bfort¢agor (urtherv`covenants and agrees with Mortgagee as follows: 1. To pay all sm>Ls including interest secured hereby when due, as provided for in said promissory note and any renewal, ~, extension or modification thereof and in this mortgage, all such sums to be payable in lasv(ul money of the United States of America a! :~forteagee's a/oresaid principal office, or at such other place as Mortgagee may de+ignate in writing. 2. To pay when due, and without requiring any notice from Jfortra;rc, all taxes, assessments of any type or nature and other charges levied or assessed against the premises hereby encumbered or any interest of Mortgage therein. To immedi- ately pay and discharge any claim, lien or encumbrance against s~sch premises which may tx or become superior to this mort- gage and to permit no default or delinquency on any other lien, encumbrance or charge against such prmius. 3. If required by Mortgagee, to also make monthly deposits with Mort¢agcc, in anon-interest txaring acrnunt, together with and in addition to interest and principal, of a sum equal to one-twelfth of the },early taxes and assessments which may tx levied against the premixs, and (if so reyuircd) one•twelfth of the yearly premiums for insurance thereon. The amount of such taxes, assessments and premiums, when unknown, shall be estimated b}• Mortgagee. Such deposits shalt Fx used by Mortgagee to pay such taxes, assessments and premiums when due. Any insufficiency oC such account to pay such charges when due shall be paid by Mortgagor to Mortgagee nn demand. If, by reason of any default by Mortgagor under any provision o[ this mort- ga¢e, Mortgagee declares all sums secured hereby to be due and papahle, Mortgagee may then apply any funds in said account against the entire indebtedness secured hereby. The enforceability of the covenants relating to taxes, asussmrnts and insurance premiums herein otherwise provided shall not tx affected except in so far as those obligations has•e been met by compliance with this paragraph. Mortgagee may from time to time at its option wais•e, and after any such wais•er reinstate, any or all provisions hereof requiring such deposits, by notice to Mortgagor in writing. While any such waiver is in effect Mortgagor shall pay taxes, assessments and insurance premiums as herein elsewhere provided. 4. To pay all taxes, stamp tax or otFier charge which cosy be asussed upon this mortgage, or said note, or indebtedness xcurrcl hereby, without regard to any law, Federal o: Stare, her-tofore or hereafter enacted, imposing payment of all or any part thereof upon Mortgagee. In event of enactment of any law imposing p:svment o[ all or any portion of any such taxes upon Mortgagee, o: the rendering by any court of last resort o(a decision that the undertaking by Mortgagor, as he-sin provided, to pay such tax or taxes is legally inoperative, then, unless Mortgagor ntscrtheless pays such taxes, all sums hereby secured, without any deduction, shall at the option of bortgagee become immediately due and payable, notwithstanding anything contained herein or any law heretofore or hereafter enacted. S. To keep the premises insured against lox or damage by 6rc, windstorm or extended coverage and such other hazards u may be required by Mortgagee, in form and amounts satisfactory to, and in insurance companies approved by Isfortgagee, and with acceptable mortgagee loss payable clauxs attached. Such policies, together with such abstracts and other title evidence as may be required by Isiortgagce, shall be delivered to and held by Mortgagee without liability. Upon foreclosure of this mortgage or other acquisition of the premises or any part thereof by Mortgagee, said policies, abstracts and title evidence shall become the absolute property of Mortgagee. t 6. To fine obiain iisc r~;t.ea to„s~u. vi i.•iJrisngee, :ueL canseni to be granted or withheld at the sole discretion of such (~ ~~~ Mortgagee, before (a) removing or demolishing xny building now or hereafter erected on the premises, (b) altering the arrange- ment, des°gn or structural character thereof, (c) making any repairs which involve the removal of structural parts or she;` ; exposure of the interior of such building to the elemenb, or (d) except for domestic purposes, cuttinh or removing or permitting sf . tht cutting and removal of any trees or timtxr on the prcmisu. ~. To maintain premises in good condition and repair, including but not limited to the making of such repairs as lsfortgagee may from time to time determine to be necessary (or the preurvation of the premises and to not commit nor permit any waste thereof. 8- To comply with all laws: ordinances, reputations, covenants, conditio.s and restrictions affecting the premises, and not to suffer or permit any violation thereof. _ 9. If Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or assessment or insurance premium, or to keep the premixs in repair, or shall commit or pet•rnit waste, or if there he commenced any action or pnxeeding affecting the premises or the title thereto, thtn Mortgagee, at its option, may pay said claim, lien, encum• brance, tax, assessment or premium, with rigtet of subrogation thereunder, may make such repairs and take such steps as it deems advisable to prevent or cysre such waste, and may appear in any such action or proceeding and retain counsel therein, and take such ection therein as PlortgaRCC deems advisable, and for any of said purposes Mortgagee may advance such sumo of money, including all costs, fees and other items of expense as it deems necessary. ?Mortgagee shall be the sole judge of the Irgalit f, validity and priority of-any- such claim, lien, encumbrance, tax. assessment and premium, and of the amouut necessary to be paid in satisfaction thereof. Mortgagee shall not tx held accountable for any dday in making any such pa~-• -., ••••.-`- delay may result in ary additional interest, cost, charges or expenx otherwise. 10. Isfortgager will pay to Mortgagee, immediately and without demand, all ss~•..a of money advanced ty b{ortgagee pursu- ant to this mortgage, together with intrrest on each such adr-ancement at the n .: of ten per cent. (10`0) per annum, and :.Il such sums and ir.:erest thereon shall ba secured hereby. 11. All sums of money secured hereby shall be payable without '.,y relief whatever from any valuation or appraisement laws. 12. If default tx made in payment of any insul*,esst p; .:frt;ipa.~ pr `mtereYt of said note or any part thereof when due, or in payment, when due a; .,,:.4, s+sm sccur>'d herti3q, ~ 3n pe.rform{sn<e of xny of ?Aortgagor's obligations, covenanU or agreements h-.reunder, all of the indrbtednew eect-red h ihy ahall,t~o ,syn~+,.!>e•immcriiatcly due and pryab6s at the option of Mortgagee, without notice or demand which ace hcrryirtpresslr ~~irs._wpstls ts~ent I-a;ort~srt{ce may avail itself o! •11 rights r , f~_ t