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HomeMy WebLinkAbout0865 ~ . 6. If ony proceedings sh411 be brou~ht to fo~ac~ose this mo~t~a~e o~ to collect tM indebtsdness ha~eby sacured Mo~t~o~ee slwli be e~titled cs o matte~ of ~ight, without notice to Mo~t~opors or ony person ctaim- in~ unc~e~ them ond without resprd to the ot t~s~cu~ity o~ whetht~. the aome sholl tFNn b~, occupied by the owner of the equity of os o~m~steod, to the immedicte oppantment of o receiver withpowe ~ to toke possession of the premises, leose the some, collect cil rentcls cnd profits thereof cnd hold cnd cpply the receipts as the court moy o~der for maintencnce of the security cnd on acwunt of scid indebtedness. Mo ee is hereby empawered at its option io foraclose this mo?tgo~e by odw~r- tisemen! end publlc scle, os stctute provided. ~ 7. Notwithstandin~ c ing in thi~s mortga~e or the note secured hereby to the cvntrory, neithe~ this ' mo~tgcge rwr soid note shol be deemed to impose on the Nlartgogors cny obti~otion of poyment, except ~ ta the extent thot the somo ~»qy be, le~olly enf~orceoble; cnd cny provision b the controry sholl be of no ~ force or etfect. ~ ~ - - ~ 8. My rn~vcrd of domages unde~ condemnotion for injury to, o~ bking of, ony pa~ or oll of soid ~ property is he~eby ossigned to Mort~agee with cutho~ity to oppty or retease the moneys recejved, cs obove provided for inwronce toss proceeds. 9. As additiawl security for the repcyment of the indebtedness he~eby secured ond the poyment uf toxes, special assessments, ground rents, a~d othe~ c'ncrges and fire ond other Fwzord insuronce premiums, Mortgagors~g ree to deposit with Matgogee, if requested by it, monthty or oi~er period+c poyments in umounts, whi'ch, as estirrwted by Mortgagee f~om iime io time, shail be sufficient to meei, asthsy become due, such toxes, ossessments, rents, chcrges and premiums. If et a~y time the funds so held by Mortgagee , ; shall be insufficient to poy any tcx, cssessment, rent, chcrge or p~emium, Mortgac~ors sholi, upon receipt of notice thereof, immediately depasit with Mortgc~gee such additioncl funds os nwy be necessory b remove the deficiency. It is agreed thct a!I sums so de~ited sholl be irrevocably appropriated to Mortgegee in trust, to be opplied to the pcymeni of such taxes, auessments, rents, chorges and premiums, and at the ? option of Mort , ofter default, to be applied on the indebtedness hereby secured. 10. As itionai security for the repoyment of the indebcedness hereby secure~i Mortga~ors hereby assign fo Mortg~ee c!I their righi, i~tle o~d Interest in ond to all existing leases and c~l future leoses upon or offecting the mo~tgcged premises, togethe~ with arry extensions or renevirols of such leases, ond all rentols cnd inccme arisi~g from scid premises; provided thot, so (ong cs there is no defauM in any of ihe temns or conditions of this mortc,~ge or of the note hereby setured, or of cny extensjon o~ renewol there~of, Mortgcgors shcl! continue to monoge sold premises as awners and collect oll income orisirw therefrom, but only as it actrues, rendering such repoirts os moy be required by Mortgogee. In the event of ony def~uit in thepe r~ornwnce of om? ogreemen! or covehani in soid note or this mort9age. Mortgagors, upon demcnd, will immediciely deliver to Mortc,pgee, or its oppotntee, cli leases or cgreements for occuponcy of spoce in said premises, together with o sepc~rote and specific aSSignment of ecch of them to Mortgcgee, or its cppointee, in fomn approved by Mo~tgagee; cnd Mo~tg~gee, with or without such specific cssignment, may toke possession ond assume the management of soid premises cnd cotiect the rentois ond other income therefrom, execute cl! powers and outhority reserved to the lessor ur~der the lease temns, including ony right or pawer therein to fcrfeit or cancel such leose, cnd modify the pronrisions of present leases and make new leoses or rental controcts in the name of the ovmer of the property, or othen~rise; ond the lessees and other occupants of soid premises ane hereby Quihorized end directed, upon demond, iop~y to Mortgogee, or orry person designoted by it for tf~at purpose, cil omounts due or io become dde from them under soid leoses ond ony extensions or renewals thereof, or by reoson of wch occuponcy: and such possession and management by Mortg~gee shal( not in ony w~oy offect its rights of foreclosure and the oppointment of a receiver as hereinbefore pro~vided. Mortgagee mcry from lime to time weive its righi hereunder to collect rents and other income but any ' such woiver shall noi prejudice Mortgagee's right to rrwke such collections thereofter so long as ond t whenever a defcult exists under this mortgage or the note hereby secured. Mortgoc~ce sFwlt hove the right, but shall not be required, to sue for collection of rents, possession of premises or other rem~dy but sholl not be licble for fcilure to collect rents o? other income ond sholl be held accountable for only such omounts os ore octuolly received. Funds received b~r the Mortga,~ee sholl be opplied c~t its discretion b expe~ses of coliection, including reasonable attomeys fees, necessory repnirs, toxes and insuronce on the mortgcged premises, and on account of the indebtedr~ess hereby secured. No change or modif~cation of o leose or rental controct covering premises herein dearibed shcll be binding on the Mortgogee unless consented to in w~iting by the Mortgogee. 1!. As further aecuritq for fulfillment of Mortgagors' obligations, Mortgagors hereby assfgn to l~ortgagee all oil, gas and mineral rights nvw awned or hereafter acquired on the mortgaged premises, including but not limited to any bonus, rents and royaltiea payable thereunder; and, upon any default, Mortgagee is hereby em- powered to enter upon and take posseasion of the premises, as provided in Item 10 abave. 12. If any taxes shall be payable or be ruled to be payable by any State or Federal suthority in respect to the execution or delivery of this mortgage or the execution, delivery or issuance of said note, by reaeon of any existing or here- after enacted Federal or State statute, Mortgagor will pay all such taxes, including intereat and penalties, if any, and vill indemaaify and hol~ MQrtgagee harmless as against any liability in connection therewith (unless forbidden by law). IN WITNESS WHEREOF, said Mortgagors have hereunto s~._t-hei~~~ianas an~-seals the day and year first above written. / ~ ~ . In the Presence of: ~C J ~ ~ ~ De orah Piawaty ~ - ~ i g aK144 z~ ~ r _ - - - - `ti ~ ~ -