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HomeMy WebLinkAbout0914 ~ ~ tender tu tl?e 11urt~;~;r~~ ii~ acrord~n~•e v?'itli the prc~~•isions uf tl?e nuti~ ~i~curc•~I I?e•r~~l?r, full ~~a~~ni~~nt uf tli~~ entire indebteduc~ss reprtwt~nted thereb~•, the !11ort~r~ee~ aw, 4ru.atee•, shall, iu r~~n~putin~ thr aiunwit uf su~•li indebtedner~s, ~•rr~iit tu the~ x~~~~ount of.the !11ortga~;ur an~• credit trelanr~~ re•i:~aiuin~; un~l~~r thc~ pruvi.iuu:: u( (a) of said paragrapli 2. It tht~rc~ siiall 1~ ~ cieianlt under an~ uf thi~ pro~•i.yions of ti?i, iuort~;a~;~~ rt~~ultin~ in x public sale of tht~ premiat~ co~~ered hereb~•, or if the \1ortKsK~~t~ u~•yuires tht~ pn?~k~rt~- otli~~rH~i,r i~ft~~r ~I~~fault, ttre Mart[~~~t~, ~ true~t~~t~, shall eppl~•, at ihe ~llllt' U~ tI1N l•oniin~~n~•~~~nrnt of suc•li pru~~r~~lin~,~ or at ttit~ 1inu~ the pmpert}• is oth~°rwi.,e a~~quired, the au~ount t1~en remainin~ to ~•re~lit of ~1ort~a~;or un~l~~r (a) ~?f Eu~ra~;rxph prt~redin~; ~ a~~r~~dit un tlie interc~t accrued and uupaid and t},e balanr~~ ta ttir prin~~ipal tl~t~~ti r~~iui?ii?in~ unp~+i~l un sai~l note. 4. He will pny ull t~cee, aeeeae~ente~ r?st~ar n?tea~ iwd~other ~overnmental or municipal chargee~, fiaee, ox impoeitians, fur which provi~ion hae not~ be~n made berei~ibef~o~e, aud in default thereof the Mortgagee may pay the same; and t6at he ~vil1 promptly deliver the officia! reoeipt~ therefor to the Martgagee. 5. He will permit, commit, or suffer no wsate, impairment, or deterioration of ssid property or sny part thereof, except reasonable wear and teat; und in the event of the failure of the Mortgsgor to keep the buildings on said premises and thoae to be erected on said premiees, or improvements t6ereon, in good repair, the Mortgagee may make such repairs ag in its discretion it may deem nec~esary for the proper pre~ervstion thereof, and the full amount of ear.h and every such payment ehall be due aud payable thirty (.30) daye after demand, and ahall be secured by the lien of this mortgage. 6. He will pay all and ~ingular the coeta, chsrgea, end sxpenees, including reasonable Dawyer's feea, and ooste of abstracts oi title, incurred or paid at any time by the Mo~tgagee becauee of the failure on the part of the Mortgagor promptly and fully to perform the agreementa and covenants of said promissory note and thia mortg~age, and said coets, chargee, aad expenses ahall be immediately due and payable and shatl be eecured by the liea af this mortgage. 7. He will oontinuously maintain hazard inawrance, of such t~+pe or types and amounta sa Mortgagee may from tiuie to time require, on the unprovements now or hereafter on said premisea and e~ccept wheu payment for ail such premiums haa theretofore been made under (a) af paragraph 2 hereof,'he will pay promptly wben due any pre~uums therefor. All insurance ahall be carried in companies approved by biort,~agee and the poli- cie~ and renewals thereof shall be held by Mortgagee and have attached thereto loss payable cCausea in favor of and in form acceptable to the Mortgagee. In event of loss he will give inimediate notice by mail to Mortgagee, and Mortgagee may make proof ot Ioss if not made promptly by Mortgagor, and each ?nsurance companp concerned is hareby suthorized and directed to make payment for such losa du~ectly to Mortgagee inatead of to i~Tortgagor and :4lortgagee jointly, and the inaurance procceds, or any part thereof, may be applied by Mor~ gagee at ity aption either to the reduction of the indebtednesa hereby secured or to the restoratian or repair of ~ the property dama~ed. In event of foreclosure of thi mortgage or other transfer of tiLle to the mortgaged ~ pmperty in extinguis6ment of the indebtedness aecured hereby, a~l right, title, and interest of the 14iortgagor in and to any insurance policies then in farce shall p+iss to the purehaser or grantee. ~ 4. !f th~~ pr~~~ni.~~., oi• un~' purt tlu~ri~oi, he ronilen~necl un~l~r th~~ }xn~'c•r oi en?inetit ~lo~nuin, or :u•quir~~~l fur t~ E~uhli~~ iis~~, thr ~iania~;~s u~~•arclc~~l. th~~ pro~•~~e~cis for th~~ ttiki~?~ of, or ttic~ ~~oi~sicl~~ruti~i?? for su~•h a~~yuisition, t~~ t i~t~ rxt~~nt ~~f tlu~ full un~uunt o( tl~~~ r~~n?uinin~; unptiicl in~i~~htr~lni~.s sk~~•ur~~d h~- tl?i, ui~ict~;a~;~~. :u•~~ lif~rrl~~ ; ~i..i~~i~~~l to th~~ ~lurt~a~:e~~, uu~i his hc~in or assirins, itnil ,hull ht~ p~i~l fi~rtli~~•ith to ~ui:! ~1~~rtra~;~~i~ ~~r lii~ il`~l~r.',11(~<< t~~ I>~• ap}~lit~~l t~?i :t~~~~~unt of the~ la,t iunturinh in~tall~ni~nts of 5u~•h in~l~~ht~~~ln~~s.; }~rc~~~i~lc~il, li~~H~r~~t~r, th~~ ~lurt~:u~;~~r ur his :~.,si~?u~~~, nie~' at lii, ~lis~•ri~ti~~n pi?~~ ~liri~t~t to thc~ ~lortr:i~;~?r, I~i, hc•ir: ur »~~i~;ns :~n~' ~u~rt ~ or all of su~•}?:t~ar~1; pro~•ui~~~l, tliut if the louu is }~iitu•i~nt~~~~~! or insurt~el, tli~~ ~•~,ii,e~nt of thr ~u~ir:e~~t~~r or in::ur~~?• i, ~btuin~~ci in a~i~•:in~~~~ of .ai~l pit~'utE~nt. , ~ The Murtgagee may, at any time pending a suit upon this mortgage, apply to the court h$ving jurisc3ictioa ~ thereof for the appointment of a t~eceiver, and such court shall forthwith appoint a receiver of the premises covered { hereby all arid singular, incluc~ing all and singular the income, profita, i~aues, and revenues from whatever eource ~ deri~•ed, each and every of whicl., it being expressly undeistood, is here~y mortgaged as if specifically set forth and described in the granting and habendum clauses hereof. Such appointment sha.ll be masde by such court as gn admitted ~ equity and a matter o! absolute right to said Mortgagee, and without reference to the adequacy or inadequacy of ~ the value of the property mortgaged or ta the solvency or ineolvency of said Mortgagor or the defendants. Such renta, profite, income, issues, and revenues ahall be appliecl by ~uch receiver according to the lien of thie mortgage and the practice of such court. In the event of any default on the part of the Mortgagor hereunder, the Mortgegor agrees to pay to the Mortgagee oa demand s~s a reasonable monthly rental for the preimises an a.mount at least equivalent to one-taelith (~Z) of the aggregate of the twelve monthly installments p~yah;e in the then current ~ year plus the actual amount of the annual taxes, asse~sment~, waGer rates, and insurance premiums for such year not covered by the aforesaid monthly pa,yments. ;s 111. In the event of any breach of this mortgage or default on the part of the Mortgagor; or in the event that any of said sums uf money herein referred to be not promptly and fully paid according to the tenor hereof, or in the event that each and every the atipulations, agreements, conditiona, and covenants of said note and this mortgage, are not duly, promptly, and fu13y performec3; then in either or any such event, the said ts{~regste sum mentioned in said note then remaining unpaid, with interest accrued to thst time, and all moneys secured hereby, sh~ll becotue ~ due and payable forthwith, or thereafter, at the option oi said Mortgagee, as fully and completely~ as if all of the ~ said sums of money a•ere ori~nally stipulated to be paid on such day, an}•thing in said note or in this morCgage to ~ the contrary notwithstanding; and thereupon or thereafter, at Lhe option of said Mortgagee, v~~ithuut notice or ~ demand, suit at laa• or in equiLy, may be prosecutecl as if all moneya secured hereby had matured prior to its institu- tion. The ~lortga{~ee may foreclose this mortgags, as to the amount so declared due and payable, and the said u~ premises shall be sold to satisfy and pay the same together with costs, expenses, and aliowances. In case of partial foreclosure of this mortgage, the mortgaged premises shall be sold subject to the continuing tien af this mortgage for the amount of the debt not then due and unpaid. In such case the provisions of this paragraph may again be availed of thereafter from time to time by the i~iortgagee. - 1 l. No waiver of any cor•enant herein or af the obligatian ~ecured hereb~~ shall at an}~ time t.heresfter be held to be a waiver of the terms hereof or of the note eecured hereby. 1'l. The lien of thie inatrument ahall remain in full force and effect during any postponement or extension of ~ the time of payment of the indebtedness or any part thereof secured hereby. , l:i. If the Mortgagor default in any of t,he corenant,s or flgreements contained herein, or in said note, then ths Mortgagee nay perform the same, and all expenditures (including reasonable attorney's feesl made by the Mortqaqee in so doii~~; Ghalt dree~• interest at the rate pro.•i~le~i for in the principal in~t~~btedness, and shall b~~ repa~-a}~le thirty (30) da~~s aiter dematid, and, together with interest and costs accrued tiiereon, shall be tiecurc~d by thi:~ mort~gage. 1-~. L`~on the request of the ~iort~;a ce the ~lortga~;or shall execute and deliver a supplrmental note or notes for the. st~rn or sums aci~•ancecl by t~e ~tortge.gee for the alteration, modernizatioii, i~nprovement, msin- tenance, or rcpair of said premises, for taxes or as~essments a~ainst the same an~l for a.u~• oth~~r pur~ios~~ author- ized hereunder. tiaid nate or notey shall be secured hereby on a parity with ancl as fully as if the ad~-~nce e~~idenced thereb~• were. included in the note first described above. Said snpplc~rn~ntal not~~ or note, shall bear interest at the rate provided for in the principal indebtedness and shall t,e pa~•able in approximFti~ly c•~;ual monthly pa~~m~nts for such period as me,y be agreed upon bv the creditor and clebtor. Failirt~ to a~rer on the maturity, t~?e w~hole of the sum or sums so advanced shall~bc due and pa~~able thirt}• (30) da~s aftcr di~mand by the crc~ditor. In no event sh~lt tbe maturity exGend tx~yond the ultimate r_iaturity ot ttie n~ee first described above. ; ~°o~x1~~3 #15 ecox~~8 ~.20