HomeMy WebLinkAbout1180 S. Until default u~ the l~erfarmance uf the covenants snd agreements oE this mortgage, the mortgagors shall l~e entitled
t~~ collect the rents, iss~aes and profits from the premises hereu~before described, but in case of a default in any of the term~ vf
' this mortgage, and the filing of a bill to foreclose this or any other martgage encurnbering ihe within described property, the
.lssociation shall immediatefv and withcut notice be entided to the appointment of a Receiver of the mortgaged property, and
of the rents, issues and profits thereof, with the usual power of Receivers in su~h cases, 1nd such Receiver may be continued
in pos~ession of the said propert~• until the time of the sale thereof under such forec~osure, and untit the confirmation of s~ich
,:~lc b~• thr Court.
9, lf a conve~~ance should be made by the mortgagors of the premise~s herein described, or any part thrreof, without
th~• ~vrittert rnnsent of the Associution, and ~~itliout assumption in re~ular fomi uf law b~• the grantee of the obligations to the
~~.~uciation rreated bv said promissory note and this mortgage, then, and in that e~•ent, and at the optian uf thc Assc~ciation.
:u~cl ~~•ith<~ut nc,tice, ~ill sums oF monev secvred hereby~ shail immediately and ec~nec~rreiitlv a•iih sueh rnm•eyanee bec~me due und
pay:~bte an<i in default, The Association may deal with svccessors in interest ~vith reEe~~ence to this mortgage and the debc her~b~~
serured in ihe same mann~•r as with the mortgagors, and rnay forbear to sue or may estend time fvr payxne~it uf the debt, securcYi
herrby, or otherwise act ~~•ithout dischar~uig or in any wa~• afEecting the liability of the mort~agurs hereunder or upon the debt
hereb}• secureci. The Assoriation may a o deal with the htortgagors and/or with successors in interest ~+•ith reference to this
, ,nort~age and th~ ctebt herebv seeurrcl by forbearing to sue, extending the time for payment of the debt, providing for ciifferent
monthly payments and/or a difEerent interest rate, and by other express moclifications of the co~tract, ~~~ithout losing any priorit~~
the Association has over ather morig:3gees ur lienors or hofders of any ju~iiar interests in the property secured hereb~•.
~ 10. That in the event the premises hc~reby mortgaged, or ant~ ~~rt thereof, shall be coodernned and taken for public use
un~ler the power of eminrnt domain, the Association shall hzve the ri~ht to clemund that all darriages awarded for lhe taking of cx
~ clama~es to saic~ ~remises shall be paic~ to the Assoeialion, its sucressorc or asci~ns, up to the amount unpaid on this mortgage and
' ma~~ be lpnlied uix~n the payment or pzyments last pa~•able thereon.
11. It is specifically agreed that rime is the essence of this contract and that no ~vliver of 1i~y abligation he~eunder or of
the obli~ation securecl hereby shall at any time themafter be held t~ be n waiver of the terms or of th~ ustrument secured herebv.
1?. :f foreclosure praeeciings of any second morigage or second tn~st deed or any junior lien of any ]dnd should be insti-
tuted, the Association may :?t its option, immediately or thereafter declare ~khis mortgage and the irrdebtedness secured hereby due
and pa~'able.
j 13. To thc: extent of the indebteaness of the titortgagors t« the Association describeei herri~? or ser?ired liereby, the Asso-
~ ciation is heteby subrogated to the lien or Ziens and to the rights af the owners and holders thereof of each and every mortgage,
' tien or other eteei~mbranee on the lancl deseribed herein whieh is paid ancl(ot) satisfied, ici H•hole or iu part, out of the proeeeds
nf the loan describe~ herein or securect herebv, and the respecti~•c liens of said mortgages, liens or other encumbrances, sha11pa ss
t~ :md be held b~~ the Association herein as security for the indebtedness to tiie Ass~ciation herein described or hereby secwed, to
~ the same ex'.ent that it .voiild h~ive bcen preserved and ~~•ould have been Passecl to unci beeri held by the Association had it been
d~~lv and re~ular]~~ assi~ned, transferred, set over and delivered unto the Associution by separate deed of assignment, nohvithstand-
;ng the fart that the sarne mav ~ satisfied and cancelled of record, it being ttie intention of the parties hereto thzt the same will
~ 1>e sa asfied and clncelled of ~record by the holders thereoE at or about ehe tirne af the recording of this mortgage.
14. To pay~ all anrl sin~~lar the costs, charges, and expenses including laµyet's fee~ reasonably incurred or paid at an~•
~ time bv the Association, because of the failure of the \iort~agors to perfonn, comply with and abide by each and every stipula-
~ tions, a~reemctits, conditions an~l ccavenants of said promissory notc and this c1ePd, or either, and everv cuch payment shall bear
interest from date at ihe rate statecl in the note secured hereb~~.
13. That he will permit, eommit, or sufFer no waste, impairn~ent, c,r cleterior,ition of said pro~ertti~ or an~• part thereof;
and in the e~~ent af the failure of the ~'Iort~agars to keep the huilclin~s .~n said premises atid those io be erec;tecl on said premises,
or imPro~~ements thereon in g~d repair, the Association may make anci pay for such repairs as in its discretion it may deem
necessary f~r the propc;r preservation thereof, ;u~tl the full amount of such pa~~ments shall be seeured by the tien of this mortgage
and shall at the option of the Asseciation be iminediately due and paysble, or pa~•able in se~ch monthly installments as the :lssocia-
tion rnay determine, and e~~ery such payment shall bear interest from date at the rate statecl in the note secured hereby.
16. Tliat if the Assc~ciation and the ~tortgagors agree, the '~iortragors tivill carry a policy or policies of insurance upon
their lives in ar, arTeunt equal from time to time to the amoimt of u?debt~dness hereby seciued, making said Association ber,efi-
ciar~~ thereunder, and that the said Association may pay the premiums far sue}, u~surance (in the event ihe ~Sortga~ors do not),
and~add each such p1}Tnent to the unpaid balsnce of the loan, as of th~ fint day of the then curr~~~t month, and it shall become
:idditiona! indebtedness sc•cured by this martgagP payable upon demand.
l7. That in the event that this mortgage be gi~•en to secure a constniction loan, failu~e cm th~ part of the !1ior.pagors or
their conh•actors to complete said buildin~ in accordance with Constn~ction Loan Anreement, af ~ven clate herewith, or to be~ild
caic3 construction in accordance ~vith plans and sgecifieations filecl ~t~ith the Association, shall constitute a breach of fhis mortgage,
anci, at the aption of th€ Asscciation, immediately mature the entire amoiint nf principal and interest hercby secured and the Asso-
ciation may immediateh~ insti~ute proceedings to ~foreclose this mor±oage. ~
18. That fhe absfract or ab;tracts of title coverin~ the mr,rt~a~eci property shall at aII times, during the life of this mort-
t;age, remain in the passession of the Associaiion nnd in the event of tf~e foreclosure of this mort~;age or other transfer of title to
the mortga~ed property in exti~~~uishrnen! of t}?e indebtedness secure~l hereby, all ri~ht, title, and interest of the A4ortgagors in
anci to anti~ sueh abstracts of title shall pass to the purchaser or grantee.
19. The Association shall have the riRht, in its discretion, to rccliiire that tt~e '~tortgagors p~iy in!o t6e ~ssoci~tion in addi-
tion to the mnnthly installments of principal and interesk to bc paid ~~y the \fortgagors under the note sernrecl by this mort~a~e,
.~n :.nnount ec~ual to one-hi•elfth of the annual installr~ents oE an~• #axes on tne n:ortga~c-d ! rem:ses levied or assessed by any
~ot~enimental aiethoritv, ancl one-t.ielfth of the annual premiums for Fire and Extended Coverage insiu~ance on the mortgaged
~~rc~mises as herei~~before rer;uirerl h~~ the Assnciation, ;znd the ~tort~a;ors' failare ~o make sueh pa~~rnents shail constitut~ a default
unclcr this cnort~a~e.
Iti ti~~IT\ESS \1'IiERE:C)H, the saici ~1or±ga~~rs 1~ereunto se~t the~ir hands aru] sea]s the da~~ ar.cl ~~ear first above ~vri:ten.
~ Si,n~~ci, sealed and c~cli~•ered in the ~resc~i~ce of: /
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,~.'~.y ~..~tn ! ~ ~ ~-~'>;L / . ~ - i:'t ~s
-=-7-`L-- (SEAL.)
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~ - Pa D. JUx~COWSkl
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~ ~?~-~`r•-~- e? ~ , ~e?~+G-'~ ~ ( S E r1L )
s; ~r ~ ~ Dorothy urkflwski
f SE~L)
tS~AL)
( W I TNESSES; (MORiGAG07.S)
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