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HomeMy WebLinkAbout1765 --, I f : ,. , ~;J: ,;: .362 MI'rtKagor. Bh~ll p';\y to the Mortgagl>e al~y all\oul!t nec{'f.S8.ry to maRe \lp the ~l>fieiNwy. Such payment 8hall he ~nade ~Ithlll thirty PO) dnY8 a~te.. "Hilton nO~lce from the Mortgagee 8tatll1g the amount of the ~('fi(i('nc:", ' wllld: '.lotlCe may be given by minI. If at any time the Mortgagor'8hnll tendpr to the Mortgagee III accord- ance with t~le proviBionB of the note s('cured hereby, full payment of the entire indebtedness represl'ntNI thpreby, the Mortgagee shall, in computing the amount of 8uch indebtedne!ld, credit to the account of the' ~tl)rtgagor any credit balance remaining under the provisions of (a) of suid paragraph 2. If thprp shi\ll be 1\ llt'f~ult under any of the I;lrovi8ion8 of thi8 mortg"tte rt'Bulting in a public sale of the premi!!<'8 coverpd hereby. or If the'Mortgagee aeqUlres the propert.y otherwl!~e ait.er defl\ult., tha Mortg~ee 8hall apply, at. the time of the con,nH'ncpment of 8uch proceeding8 or at. the time the property ill otherWise ucquired, Ihl' amount then Tt'mllilling to crpdit of Mortgagor undpr (a) of paragraph 2 prpcpdillg as Il credit on the intHl'8t accrued and unpl\id and the balance to the principal then remaining unpaid on said now. 4. He will pay all taxes, ~ents, water rates, and other governmental or municipal charge8, fines or impositioM, for which provision hu not heen made hereinbefore, and in default thereof the Mortgagee may pay'the fWDe; and that he will promptly deliver the official reoeipt.e therefor to the Mortgagee, .... 5. He will permit, commit, or llufJer no wMte, impairment, or deterioration of !lAid property or any part thereof ex~pt re&80nable wear and tearj anc\ in the event of the failure of the Mortgagor to keep the buildings on BAid premiBe8 and thoee to be erected on !lAid premi8e8, or improvementll thereon, in good repair, the Mortgagee may make 8uch repai1'8 M in ita di5cretion it may doom neoees&ry for the proper preservation thereof, and the full amount of each and every BUoh payment shAll be due and payable thirty (&0) days after demand, and shall be secured by the lien of this mortgage. . 6. He will pay all and singular the oon.a, cb.arKee, and expeWl('Al, including re&8Onable lawyer's f~, and 008t.e of ;;.b8tractll of title, incurred or paid at any time by the Mor1.f?Lgoo beeaU8e of the failure on the part of the Mortgagor promptly OUld fully to perform the agrecm~nt.e and coveDAnts of aa.id promi880ry note and this mortg~, and said 008tll, charge8, and expelUle8 8hall be immediately due and payable and ahaU be 8eCured by the lien of this mortgage. 7. He will oontinuowUy maintain hazard insurance, of 8uch type or types and amountll as Mortgagee may from time to time require, on the improvementa now or here&fter on SAid premises and except wben payment for all Buch p~emiums has thereto!ore been made under .(a).of par~ph 2 hereof\ he will pay promptly wben due any preIDlUffiB therefor, All msurance 8hall be earned ill compallles approve<! by Mortgagee and the poli- cies and renewals thereof 8hall be held by Mortgagee and bave attached thereto 1088 payable clauscs in favor of and in form acceptable to the Mortgagoo. In event of loss he will give immediate notice by mail to Mort.gagee and ~lortgagee may make proof of 1088 if not made promptly by Mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for 8uch loss directly to Mortgagee in8tead of to ~fortg~or ~d M,ortgagee jointly, ~d the ina~ce proceeds, or any put thereof, may be a~plied by Mort.- gagee at Ita option either to the reductIOn of the mdebtedness hereby secured or to the restoratIOn or repair of the property dlUD~ed. In event of forecl08ure of this mortgage or other transfer of title to the mortgaged property in extingUlshment of the indebtedness secured hereby, all right, title, and intercst of the Mortgagor m and to any insurance policies then in force shall pass to the purchaser or grantee. 8. He will not execute or file of re,'orcl any instrument which imposes a restriction upon the sale or occu- pancy of the property described herein on the basis of race, color, or creed. !l. If I he premises, or any parI I herc'Of, bl' condl'mue<1 under the power of eminent domllin, or acquirpd for II public u"e, thl' dnIlmgl'" lw.anlt'd, 11\(' jh.ocl'eds for the t:\killK of, or the consideration for such acquisi- tiol!, to Ihl' I'xtl'nt of IIH' full amount of thl' remllinillg" unpaid indr-btednl's." secured by this lIlortgagc, nrl' her!'),..' assigned to I hI' ~lortgug"el', and his 11I'irs or as,.;ignB, lln<i shall be paid forth with to 811id Mortgagl'P or his u,.;signl'l' 10 bl' IlPplied Oil il('count of thl' last maturing illstallments of such indebtneS8; proyidl'd, how- I'YI'r, thl' ~lorlg8gl'l' or his aB-~ignl'e, 1Il1l.Y at his disl'fl'tion PI\Y direct to the 1-10rtKagor, hiB heirs or llssign8 any pllrl or ull of such award; providl'd, that if the loan is guarant6<'d or insured, till' consent of till' guaran- tor or insurer is obtained in advance of Baid payment. 10. Tht' ~lortgagee may, at any time pending a suit upon this mortgage, apply to the court hRyin~ juris,lic- tion thl'rl'of for the appointml'nt of a receiver, and such c.ourt 8hall forthwith appoint. a receiver of the prl'misps coYl'red hereby all and singular, includin~ all and singultlr the income, profits, issues, and revenuea from whRt- eYl'r source derived, l'ach and every of whlchl :t being expressly understood, is hereby mortgaged as if speciflcall.... set forth and described in the granting and habendum clauses hereof. Such appointment 8hall be made by 8uch court as 1m admitted equity and a matter of absolute right to said ~lortgagee, and without reference to thl' adequacy or inadequacy of the value of thp property mortgaged or to the solvency or insolvency of said Mortgagor or the deiendants. Such rpnts, profits, income, i88uNl, and reYl'nlles 8hall be applied by Buch receiver according to the lil'n of this mortgage l\lld the practice of 8uch court.. In the event of any default on the part of the ~lortgagor h~rl'under, the .\lortKllgor ~ree8 to pay to the ~lort~aKl'e on demand as ~ reasonable monthl~. rental for the premIse!! an amount atll'ast eqlllvalent to one-twelfth 011) of the aggregate 01 the twelve monthly installments payable in the then currl'nt year plus the actual amount. o! the llnnual taxes, aS8Cssments, water rates, and insurance premium8 for such year not covere.-i by the afore8ald monthly payments. 11, In the event of any breach cf this mortgage or default on the part of the ~lortgagor, or in the event that any of said sums of money herein referred to be not promptly and hllIy paid according to the tenor hereof, or in the event that each anl every the 8tipulations, agreemen~, c.onditiolls, and cove~an~s of said note and this mortgage, are not duly, promptly, ~d f~ly perfon,ned or If t.he ~lortgagor be adjudicated ban,krupt or made defendant in a bank~uptey or rece1vers~lp procee~mgai th~n m either or any 811Ch ev.ent, the Bald aggre- gate sum mentioned in saId nate then remammg unpll1d, W11h mterl'st accrued to that time, and nil money secUfl'd hl'reby, shfJ.ll b{'come due ~d payable fortl~with, o~ ~hereafte:, at the option o.f said Mongagee, as fully and completely as if all th 8a1d 8Ums of money wer!l oTlgm~lIy stipulated to be paid on such day, 8':1....- thing in said note or in thi8 mort~age to the contrarf notWlths~dlllgj ~d thereupon or thereafter"at thl' optIOn of 8aid Mortgagee without notIce or demand, BUlt e.t law or m eqlllty, may be prosecuted liS If all monen secured herpbv hlld matured prior to itll inatitution. The Mortgagee may foreclose this mortgllge, as to the amount so declared due and payable, and the said premises 8hall be sold to satiafy and pay the same together with 1'0BtB, expensps, and allow~nc~. .In case ?f partial foreclosure of thi8 mortgagl', the mortgaged prl'mi~s shall be solcl 8ubject to t~e eontmu.mg hen of thIS mortg~e for the ~mount. of the debt. not t~en due R.nd unpaid. In such case the provi8IOns of thI8 paragraph may agam be aval!ed of there8fter from lime to tlll1l' by the Mortgagee. 12. No waiver of any eovenant ht>rein or of the obligation aecured hereby shall at Rny time Ihl'Tpafter be held to be a waiver of the t~rms hereof or of the note secured hereby, 13. The lien of this in8truml'nt 8hall '"emain in full force and effect during any poslponcmentor extension of the time of payment of t.he indebtedness or any part thereof secured hereby, 14. This mortgage i8 given to secure the purch~ money, or a part thereof, of the lands herein de!>rribcd and is executed and delivered contemporaneously With the deed th~refor. 15. If the Mortgagor default in any of the coven~nts or ~gree~ents contained herein, ?r in said note, then the Mortga~ee may perform the sa.me, and all ('xpend1tures, (mcludl~g rel\8O~ab!e Rt!orney s fees) made by the ~iortgRgee 10 so doing 8hall draw mterest at the rate PT?Yll~l'd for m the prm('lpalmdebtedne!l..'1, and shall be repayable thirty (30) days after demand, 1\l1fI, together w1th 10terest and costs accrued thereon, shall be secured by thi8 mortgage. 16 Upon the request of the Mortgagee the Mortgagor shall execute and deliver 8 supplemental note or notes f~r the sum or 8ums tldvanced by the Mortgagee for the alteration, modernization, improvement, main- tenance, or repair of .said premises, for tAxes 01' asse88m~nts againat the ,8ame ,and for any other p~rj>Qse au thor- ized hereunder. Said note or notes shall be secured hereby on a panty With and as fully as If the advlInce e\'i.dence.d thereby v/t're included in the note firRt de-8Cribed above. " Said 8upplemental note or notes Bhall bear