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HomeMy WebLinkAbout2709 ;~~l fjlJ ..~] 607' and in3urance premiums, as the c ,: ~ may W, such excesa shall be credited b) t, ml)rtga~l'l' O!\ ~llbsNllI,"nt p~'l11ents to be made by the mOl~agor. If, however, the monthly puyme~s made by the mortl{al{or under (b) f)f paragraph 2 preCeding shall not be sufficient to pay ground rents, taxes and :lssessments and insurance premiums, as the case may be, when the same shall become due and payaLle, the!\ the mortgagor shall pay to the mortgagee any amount necessary to make up the deficiency, on or lJpfore thl' date when payment of such ground rents, taxes, assessments, or insurance premiums shall Iw dUl'. If at any time the mortgagor shall tender to the mortgagee in accordance with the provisions of till' note secured hereby, full payment of the entire indebtednesa represented thereby, the mortgagee shall, ill com- puting the amount of such indebtedness, credit ~o the account of the mortgagor all pa~ments madl' \llldpr the provisions of (a) of. p~ragraph 2 hereof whlch th~ ~\O~gagee has not become obligated to pay to. the l<'ederal Housing CommlS8lOner aud any balance remallllng III the funds accumulated under till' prO\'ISIOlIS of (b) of said paragraph 2, If th~re shall b~ a default under any of the provisions of this mort!{;\KI', re- sulting in a public sale of the premises covered hereby, or if the mortgagee acquires the propl'rty othpr- wise after default, the mortgagee shall apply, at the time of the commencement of such prol'l'('dilll{s or a~ the time the property is otherwise acquired, the balance then remaining in the funds acculllulatl'd \llId.r (b) of paragraph 2 preceding,as a credit against t1~e amount of principal then remaining ullpaid \llld.'r said note and shall properly adjust any payments which shall have been made under (a) of stud paragraph. 4. That he will pay all taxes, assessments, water rates, and other governmental or municipalchar!{cs, fines or impositions, for which provision has not been made hereinbefore, and in default therl'of t hl' mort- gag~ may pay the same; and that he will promptly deliver the official receipts therefOl' to the ll:')rt~~al{l'L', 5. That he will permit, commit, or suffer no waste, impairment, or deterioration of said propl'rty or any pll.rt thereof; and in the event of the failure of the mortgagor to keep the buildings on sai(j prem ISl'S and those to be erected on said premises, or improvements thereon, in good repair, the mortgal{l'L' Ilia:; make such repairs as in its discretion it may deem necessary for the proper prl'servation tlll'leof. alld thl' full amount of each and every such payment shall be immediately due and payable, alid shall ue sl'('un'd by the lien of this mortgage. 6. That he will pay all and singular the costs, charges, and expenses, including reasonabh' L\\\'Yl'r's fees, and costs of abstracts of title, incurred or paid at any time by the mortgagee because of tlll' failun' on the part of the mortgagor promptly and fully to perform the agreements and CO\'l'nants of said prOll\- issory note and this mortgage, and said costs, charges, and expenses shall be immediately due and pay- able and shall be secured by the lien of this mortgage. 7. That he will keep the improvements now existing or hereafter erected on the ll10rtgagNI propl'rty, insured as may be required from time to time by the mortgagee against loss by tire and other hazards, casualties, and contingencies in such amounts and for such periods as may be required by murtgagl'e, and will pay promptly, when due, any premiums on such insurance for payment of which pruvisioll has not been made hereinbefore. All insurance shall be carried in companies approved hy mort!{agl'e and the policies and renewals thereof shall be held by mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the mortgagee. In event of loss he will give imllll'diate notice by mail to mortgagee, and mortgagee may make proof of loss if not made promptly by /lwrtga!{or, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to mortgagee instead of to mortgagor and mortgagee jointly, and till' insurancl' prol'l'l'ds, or any part thereof, may be applied by mortgagee at its option either to the rnluction of the indl'bll'dne~;s hereby secured or to the restoration or repair of the property damaged. In event of foreelosill'l' of this mortgage or other transfer of title to the mortgaged property in extinguishllH'nt of tlll' ill(h'btedness secured hereby, all right, title, and interest of the mortgagor in and to any insurance policil's then in force shall pass to the purchaser or grantee. 8. That the mortgagee may, at any time pending a suit upon this mort!{age, apply to the court hay. ing jurisdiction thereof for the appointment of a receiver, and such court shall forthwith appoilit a rrteiver of the premises covered hereby 811 and singular, irwl110ing all and singular the inco/llP, profits, issues, and revenues from whatever source derived, each and every of which, it IJCing expressly under- stood, is hereby mortgaged as if specifically set forth and describro in the granting and habl'ndum daUSl'S hereof, and such receiver shall have all the broad and effective functions and pOWl'rs in any'wisp entrusted by a court to a receiver, and such appointment shall be made by such court as an admittl'd equity and a matter of absolute right to said mortgagee, and without refl'rence to the adN!uacy ur inad. equacy of the value of the property mortgaged or to the solvency or insol\'l'ncy of said mortg"gor or the defendants, and that such rents, profits, income, issues, and revenues shall be applied by such rl'l'l'i\'l'r according to the lien of this mortgage and the practice of such court. In the P\'l'nt of any ddault /ill tlll' part of the mortgagor hereunder, the mortgagor agrees to pay to the mortgagl'e on demand as a l'l'aSOll- able monthly rental for the premisps an amount at least equivalent to one-t \\'l'lfth (11 ~) of thl' aKKn'l{atl' of the twelve monthly installmpnts payable in the thell current year plus the actual amount of t1H' annual taxes assessments, water rates, and insurance premiums for such year not rOH'f(>t\ by tlte afol'f'said monthly payments. ' ~l. TIH' mortgagor iurthl'r c/i\'l'nant.<; that should this mortgagt' and tlH' noll' s.'cun'd 1ll'1'l,I>\' 1I0t Ill' l'ligdlll' for insurancl' undl'r tlH' :\'ational Housinl{ Act within frolll tl\l' datI' hi'rl'of (writkn stau'ml'nt of any oflil'l'r uf thl' Fi,(It'ral Housing Administratioll tlr auth/irizl.d ag"lIt uf till' I','dl'ral Housing \'olllln:,,;;iolll'r datl'd ,-;uh~!'(lllent to llll' timi' f!'Olll th.. dalt- flf this lllortgagp, dl'clininl{ to insurp said notl> and this mortgagt', Iwing dl'!'nll'd l'()flCluSI\'(' pl'llO!' tlf '-ollch ill' t'll~ibility), the mortgagl'l' 01' tlH' hold!'r of tlH' not I' may, at it.'> optloll, d"('lari' all sums s,'('u!'t.d hl'r!'h,\ IIllIlH'diatt'ly dUl' and payabll', Ill. That (a) in thl' e\'l'nt of any brl'aeh of this Illortgagl' or (It'fault (Ill th.' part of till' lllung-agor, "I' (II) III till' pv('nt that any of ,-;aid SUIllS of IlWlll'y' hl'J'('in I'l'fprr('d to 1)(' !lot pr11lllptly' alld f,i1h' paid \\'Itl.- "ut dl'lllalld or notice, or (c) ill tht, e\'ent that ('ach and t'\'l'ry till' stipulatiulls, agrl"'IlH'llts, l'ondltion'-o, ;illd rOVl'nants of said not(' and this IHortgagl', an' llot duly, prolllptly, and fllily' p,'rfol'llH'd: thl'll if! ,'ltI'l'r or any su('h l'\'l'nt, thl' said agl{rl'gatl' stUll n1l'ntionl'd in said 1l0t<' tll"ll r"ll1ailling unpaid, ".-ith Illkrest art'nwd to that tinH', and all m')fl('y'S sl'('ur.'{\ 1H'l"l'hy, shall 1)('('on1l' dill' alld pa!'ahll' forth\\'ith, 0)1' tlll'n'aftl'r, at tlw option of said IHortgagl'l', as fully' a!ld compll'tl"-v as if all of tlH' said SlIIHS of Il}(iIII ',\' \\'I'l'I' ol'ginally stipulatt'd to 1)(' paid on such day, anything in said notl' or in this ll1flrtgagl' ttl t!l(' ('tllltrar\' 1l0t\\'lthstandlng; and thl'!'l'uponor tlH'reaft('r, at the option of said mortgagl'l', \\ithuut not In' ur d,'malld, suit at law or illl~uity', may Ill' pl'osl'cutt'd as if all monl'Ys sl'eurpd herehy' had matul'l'd priol' to It,; IIlsti- tution, TIlP mortgagPI' may fo}'('close this mortgage, as to the amount so dl'l'lan'd dtll' alld payahll', and till' said pn'misl's shall 1)(' sold to satisfy and pay' thl' samt' togethl'r with ('osts, l':qll'lISI'S, and allo\\'alll"'s, In case of partial forl'c1osul'l' of this mortgagp, thl' mortgaged premisps shall hI' s,dd subJcct to till' COIl- tinuing lien of this ll1ortl{ag-l' for the amount of thl' dt'i>t not thl'n dup alld unpaid, 111 su('h caSt' till' pro- \'isions of this paragraph may again be [l,vaill'd of t1H'reaftpr from tinw tll tillw hy' (hp Illortgage(', 11, That the mortv,a!l:or \\'ill give immediatl' Iloticp by mad to thp Illortgag',;' of an:.- ('(lIlH',\'anCi', t rallsfer, or change of o\\' nershi p of the premises, l~, That no waivl'r of any covenant herem or of the obligation sN'urNI herp!Jy' sh,dl at allY t inlt' thereafter be held to be a waiver of the terms herenf or of the note secured hpl'l>hy,