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HomeMy WebLinkAbout1293 irniic~r to !he :~lortKa~rr in arc•c+rdan~•t~ w~itl? ihe pru~•i.~io??~ a[ tl?e nute ~~~cure~l i~~~r~~h~•, full pu}~nu~nt u! tl?e• ~utire it?debtHdnc~a rt~pre~entr~~i thert~b~•, the Mart~;agee. a~ tr'ustee~, ahall, in ron~putii?~ tli~~ a~+iou~?t uf su~~{? indebLef.lu~s, c~rN~iit t,t~ th~~ n~•~•uunt of.t~ie'.1lortgakur e~n~' rt~clit balance reii?ainin~; un~lrr th~~ ~:ru~•i,iun5 0( (a) oi said paru~raph 2. If iherc~ yhrill t~C~ p det~n3t under an~• of th~~ pro~•i.yiona i~[ tlii, niortgukc~ r~~,ultii?~? in a puhlic at~le of th~~ pr~~uiiac~s ~•c?~•ered he•reb~-, ~r if the Mort~H};r~t~ ac'yuires ih~~ pro}~rt~~ uther~~~~c~ n(ler ~i~~f~iult, the Aiort~a~ee, a.~ truatt~e, s}?all appl~-, at t}~e tu~ie of tl~e coiun~e~n~•t~ment of surh pruc~~e~~iin~s ur :?t tli~~ tiin~~ the pro~x~rt~• i., ott~t~rwist~ a~•c{uin~d, ti?e an?ount then re~uainin~ to ~•rt~~lit ot ~lort~a~;or un~l~~r (a) uf para~;rapli 2 pr~~z•rdiu~; as u~•r~•ciit un th~~ init~rt~st acrruNd and unpaid a~yd t},e balanrt~ to ih~~ princ•ip~l tht~n rc~nitiiiiin~ un~~Hi~) c~n ~aid n~~te. 4. He will pay all tax~, aeeeeeaQtenta, water ratee, ~nd , other governmental or municipa?1 chargee, fiz?eet, or impositions, for which provieion hae aot be~n made herei~befote, r?n~i in defau2t thereof the Mortgagee may pay the same; and that he will promptly deliver the official reoeipti~ therefor Lo the Mortgsgee. 5. He will permit, commit, or sufl'er no ~vaste, impairment, or deterioration of eaid property or any part thereof, except reaeonable wear and tear; and in the event of the failure of the Mortgagor to keep the buildinga on said premises and those to be erectPd on said premises, or improvements thereoa, in gnod repair, the Mortgagee may meke such repaire es in its disctetion it may deem nece~sry for tbe pmper preeervation thertwf, snd the full amount of each and every such payment ahall be due and payable thirty (30) daye after demand, snd ahall be eecured by the lien of this mortgage. 6. He will pay all and singutar the costa, charges, snd expeneea, including reaeonable lawyer's feee, and e~ts of abstrnr.ts of title, incurrecl or paid at any time by the Mortgagee beeause of the failure on the part of the Mortgagor pmmptly and fully to perform the agreements and cavenant8 of said promissory uote and this mortgage, and said coets, charges, and expenses shaU be immediately du~ and payable and shall be eecured by the lien of this mortgage. 7. He will continuously maintain hazsrd i~urance, of such type or tppes end emounte as Mortgagee may fmm time to time require, on the unprovements now or hereafter on said premises and eacept wheu payment for ell such premiums hes theretofore been made under (a) of paragcaph 2 hereof 'he will pay prompt1y when due any prerxuums therefor. All insurance shall be cartied in companiea approve~ by rSort{~ag ce and the poli- cies and renewals thereof shall be held by Mortgagee and have attached thereto loss paysble clauses in fav~or of and in form acceptable to the Mort.~agee. In event of loss he will give itnmediate notice by mail to Mort~ag;ee, and ~iortgagee may maka proof of Ioss if not made promptly by Mortgagor, and each insurance vompany concerned is hereby suthorized ac?d directed to make payment for such loss directly to Mort~a~;ee instead of to :~lortgagor and Mortgagee ointly , and the insurance proceeds, or any part thereof, ma~ be app~ied by Mor~ gagee at. its optian either to t~e reduction af the indebtedneas hereby aecured or to the restarataon or repnir of the property damag~ed. In event of forc+closure of tlxis mortgage or other trausfer of title to the mortga~;ed propert_y in e~tin~u~shment of the indebtednesg aecured hereby, sil right, title, and interesL of the Mort,gagor m and to any insurance policies then in force aball pass to the purchaser or grautee. S. iP tlic~ prc~~ni,~~~, or :in~- pu~•t thc~r~~of, bc~ ~•on~lt~tnnt~cl un~lc~r th~~ po~~•i~r of en~in~~nG doii~ain, or a~•yuirt~cl fur .i l~ui,lic• us~~. tli~~ ~la~i~a~;c~s t~«~ardc~cl. th~~ prc~~~~~~~cls fc~r thi~ t:ikin~ of, or th~~ ~~~nsiclt~raticin for sucl~ :i~~c~uisitic?n, ~o th~~ i~st~~nt ~~f tli~~ full un!~~unt o[ il«~ rt~niiiinin~; unpaicl in~i~~l,tc~~liu~5s 5~~c~~irc~d 1?~' tl?i., uiort~u~;~~. :ir~~ h~•rc~l»- u•~irn~~~l t~~ th~~ ~Ii~rt~u~~~i~, un~t iii, hei~s or astii~;n,, un~1 slu~ll !x~ pui~l fortliH~itl~ to sui~i \furtra~;~~~~ ~r l~i~ tissi~~n~~~~ t~~ I>~~ rtEiplit~~l a~i ae•~•~ttnt of thi~ ltist nit~turit~~ i~~stall~ue~nts <?f su~•h in~l~~i>t~~cln~~~s; prc~~•i~l~~ci, h~~~~~~~~•~r, ih~• ~leirl~:ir~•~~ ur l~is :~.c,i~nt~i~, iuu~• at l~is ~li~c•r~~liiin pu~- iiirt~~•t to tl?c~ ~Tartg:i~~?r, l~is h~~i?~ ur ,i~si~;ns an~' purt ~~r,~ll uf ,urh :i;.ru•~i; pro~-iil~~d, Ihut if th~~ lonn is ~uti?•a~?tc~~~~l ar instirt~d, tlu• c•a~~sc~nt of the ~*uei?•:intor ~~r insurc~r i: ul>t;iin~~ii in u~l~~un~~c~ uf ,:ii~! pa~•n~t~nt. , The 11+1ortgagee m~y, at any time pending a suit upon this mortgage, spply to the court having juri~diction thereof for the appointment of a receiver, and such court shall forthwith appoint a receiver of the pr~mises oovered hereby all arid singular, inclieding all and singular the income, profits, is~es, and revenues from whatever source deri~ed, each and every of whicL, it being expressly understoal, is hereby mortgaged ae if apeci$cally set forth and described in the granting and habendum alausee hereof. Such appointment shall be made by such court as an admitted equity and a matter of absotute right to said Mortgagce, and without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or inaolvEncy of said Mortgagor or the defendants. Such rents, prosts, income, issues, and revenues ahall be applied by auch receiver according to the lien of this mortga.ge and the practice of such court. In Lhe event of any default on the part of the Mortgagor hereunder, the Mortgagor agreE,~s to pay to the Mortgagee on demand as a reasonable monthly rental for the pretnises an amount at least equivalent ta one-twelfth (j42) of the aggregate of the twelve monthly installmentg ~yable in the then curreat year plus the actual amaunt of the annual taxes, assessmenta, water rates, and inaurance premiums for auch year not covered by the atoresaid monthly paymenta. I U. 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 of money herein referred to be not promptly and fully paid according to the tenor hereof, or in the event that each a.nd every the stipulations, agreements, conditions, and covenants of said note and this mortgage, are not duly, promptly, and fully perforrued; then in either or any such eveat, the said aggmgate sum mentioned in said note theu remaining unpaid, with interest accrued to that time, an~l all moneys secured hereby, shall become due and pa~•able forthwith, or thereafter, at the option of said biortgagee, as fully and completely as if all of the said sums of money were originally stipulated to be paid on such day, anything in said noie or in this mortgage to the contrary notwithstanding; and thereupon or thereafter, at the option of said ~iorigagee, without notice or demand, suit at laH• or in equit,~, may be prosecuted as if all ma~eya secured hereby had matured prior to its institu- tion. The liortgugee ma~r foreclose this mortgage, as to the amount Ao declared due and pay~able, and the said premises shall be sold to sstisfy and pa~• the same together with costs, expenses, and allowances. In case of partial foreclosure af this mortga~qe, the rnortgaged premises shall be sold subject to the continuing lien of this mortgage far 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 tilortgagee. - 11. No waiver of any covenant herein or af the obligstion secured hereb~~ sha1D at any tiane thereafter be held to be a waiver of the terms hereof or of the note secured hereby. 1'l. The lien of this instrument shall remain in full force and effect during auy postponement or extension of the time of payment af the indebtedness or any part thereof secured hereby. l:i. If the Mortgagor default in any of the covensnta or agreements contained herein, or in said note, then the Mortgagee may perform the same, and all expenditures (including reasonable attomey's fees) macle by the ;~iortga.~ee in so doin~; shall draw~ intc~rest at the r$t,e pro~•ide~l for in the principal inric~btr~in~ss, nnci s}iall bc repa~•able thirt~~ (30) da~•s after demand, and, together with interest and costs accrued thereon, shall he secured by this mort~sge. 1-1. 'L'~pon the request of tt~e ~lortga~ee the :4lortgagor shall execute and deliver a supplemental notes or notes for the sum or sums ad~•ance~i by t e~tortgagee for the alteration, mo~lc rnizatiot~, improvement, main- t~nance, or repair of said premises, for ta.r-es or as~essments against the same arnl for a.uy uther purpose author- ized hereunder. Ssid note or notes shall be secured hereby on a parity with anti a.s fully as if ttie adcance evidenced thereby were included in the note fir;at described above. Said snpplement.al note or notes shall bear interest at the rat.e prorided for in ttne ~arincipal indebtedness and shall be payable in a~prorimat,c~ly equal monthly pavrnc~nts for such period as ma~• be agreed upon by the creditor and ctebtor. Failing to a.Kre~~ on the maturity, t~e whole of the sum or sums so advanced shalt bc due and pa~°able thirty (30) days after <iemand by the creditor. In no event shall the maturity extend beyond the ultimate ~iaturity of t~e note first described above. BOOK ~~~7 60GK 1~S ~1~ ~CO!( ~~O l~~ Jr...~.~.