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HomeMy WebLinkAbout2132 the deficiency. tiucl? pa~II1QI1~ SIIt1U bP I11t1lIP WIII11I1 lfU[ly? ~3O) (~N~S NIIQP N1'1~~@Il IIOLIC@ ~tOlll lI1R ~ZOC'~Rt1j~F8 stating the amount ot t~ie deficienc~, w•hicl? notice n~Ay be Kiven by ~nail. If at xny time tlte ~fortga~or ~ shs~! tender to thP ~iort~u~eo in Hcconlnrice with ~he provisiotis of tl~e note seca~ecl hereby, tull payment ~ of the entire indebtedness represented th~~rebv, the Iltortga~ee ns ttuet~+ ahe~ll, in co~nputing the ~mount of ; such indebteduess, crecii~ to the aceount ot tlie ~1ortgagor nny credit balance reinaining under the provisiona of (a) o[ said pHrH~raph 2. If tl~ere shslt be a default under any of the pro~ isions of this inort~e~e resulting in e public sate o the premises c~o~•ereci hereby, or ei the ~lortga~ee acquires the pmperty otherwise atter default, the ~lortge?gee as trustee shsll Hppl~, ~t the timr of the commencement of such proceedings ar at the time the pmperty ~s otherNise scquireci, the aniount then remaininR to credit of :ltortRa~or under (s) of paragraph 2 prececting as A credit on the iatereat accureci and unpaid and the balance ta the principal then ; remaming unpaid on sai~1 n~te. 4. 8e wIll p~,y a11 tases~ aseeee~ents„ w~?t~ »tee, ~nd other ~overnmeatal or municipsl ehsrgee, finee, or impositiona, for which pmvieion has not been made hereinbefore~ snd in defsult thereof the Mottgagee m~y p~y t6e same; and t6st he wrill prompt~y deliver t6e o~cial receipta therefor to the Mortgr~gee, b. Ha will permil, oommit, or suffer no waste~ imp~irmsat~ or deteriorstion of aaid property orsny part thereof ezoept reaeonsble wear and tear; und ia t6e event of the f~iture of the Mort;agor to keep the buildings on esi~ premises aad thoee to be erected oa said premiees, or improvemente thereon, in good repsir the Mo mske euch repsim aa ia its diecretion it may deem neoeeeary for the proper preeervation t6ereo~~ and the full~amou~n,t a1 ~ach sud s;~ a~h pnymsat ahs!! be due and p~yAbb ~Y (30) dsys after demand, and ahsll be eecured by tbe lien ot thia mort~e. 8. He will pay all ~wd ~n~ular the ooets, ch~ atid eo~pem~s„ including reseonabk Lwyer'a leee, nnd oosts of abetracts oi title, incure+ed or paid st any time by Mortgagee becauee of the failure on the promptly and f~ to peiform t,he agreementa and ooveusats of eaid promieeory note and thi~s mortgageManrd ~d oosts, ~baT6~, ~ e~peneee ahall be immedistel~r due and psyable and shal! be eecured by the lien of thie mortgsg~ 7. He aill oontinuoue~y msint~in hasard insuranoe, oi euch type ar types snd amouats as Mortgagee m~ from time to t,inne require, on the impmvements now or Lereafter on said premisea and e.~cept when payment tor all sucL premiuma has theretofore been made under (a of paragraph 2 hereot ~e will PaY Promptly wheu due any premiuma therefor. All inaurance ahall be carri~in oompawes approve~ by 111o and the poli- eies and renewale thereof aha11 be Letd by Mortgagee aad Lave sttache~ thereto loas payable c suses in fsvor of •nd in form scceptsble to the Mortgagee. In event of loes Le will give immediste notioe by mail to Mortgagee, •nd Mortgagee msy maka proof of loea if not made promptly by Mortgagor, and each inauranoe oompany ooncerned ia hereb~r~ authorired and directed to ma~e payment for such loss directly to MortQa~ee inst~ead of to Mortgr:gor and Mortgagee ointly, and t,he insw~noe prooeeds, or sn~y psrt thereof may be spplied by I~iort- ~agee at its option either to ~e reduction of the indebtednesa hereby eecured or to the restorat?on or repair of the propet~y dama~ed In~event of forecloaure of t6is mortgage or other transfer of title to the mortgaged property m extingwahment of the indebtednees eecured hereby, a~l right, t~tle, and intei+eet of the Mortgagor m and to any inaurance policieB then in force shsll p~s to the pum.bsaer or grantee. ~ 8. He will not execute or file of record any instrument which impose~ a restriction upon the sale or cecu- pancy of the pmperty described herein on the basis of race, color~ or creed. 9. It the premis~, or any part thereof, be condemned under the power of eminent domain, or acquired for a public use, the damages awardeci, t.he proceeds for the taking of, or tho consideration for such acquisi- tion, to the ertent of the fnll amovnt of the remaining unpaid indebtedness secured by this mort~age, are hereb}- assigaed to the :1lortgagee, and liis heirs or assigns, and shall be paid forthwith to said Mortgagee or liis assignce to be applied on account of t6e last maturiag installments of such indebtnesa; provided~ how- e~ er, the ;liortgagee or his assignee, mQ~- at his discretion pay d'uect to the Mortgagor, hia heita or assigns an~ part or all of such award; provided, that if the loan is guaranteed or insured, the consent of the guaran- tor or insurer is obtained in advance of said payment. 10. The :1lortgagee msy, st any time ~ending a suit upon ttus mort,ga~e, apply to the court hwvin~ jurisciic- tion thereof for the appointment of a receiver, and such oonrt ahall tort6with appoint a receiver of the premises covered hereby all and singular, includin~ all and singulsr the income, profits, issues~ and revenues from ~rhat- ever source denved, each and every of v?hich, it being expressly understood, ia hereby mortgaged ~s if specifically eet forth and described in the granting and hsbendum clauses hereof. Such appointment shall be made by such court as an sdmitted equity and a matter of absolute right to said `iortgagee, and without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insol~ ency of said Mortgagor or the defendants. Such rents, profits, income~ issuea, snd revenues ahall be applied by such receiver according t~ the lien of this mortgage and the practice of such court. In the event of any default on the part of the ~fortgagor hereunder, the ~f ortgagor agrees to psy to the ~iortgagee on demand as e? reasonabte monthlv rental for the premisea an amount et least equivalent to one-twelfth of theaggregate of the twelve monthtv installments payable in the then current year plua t6e actual amount of the annual taces, assesscnents~ water ratea, end insurance premiuma for such year not oovered by the aforesaid monthly payments. 11. In the event of any breach of thia mortgage or default on the pert of the :biortgagor, or in the event thst any of said sums of money herein refen~ed to be not promptly and fuUy peid according to the tenor hereof, or in the event that each and every the stipulstiona~ agreemente, conditiuns~ and covenants of said note and this mortgage, are not duly~ promptly, and fully performed or if the 111ortgagor be adjudicated bankrupt or made defendant in a bankruptcy or receivership proceedings; then in either or any such event, the said aggre- gate sum mentioned in said note then remaimng unpaid~ with interest accrued to that time, and all money secured hereby, shall become due and payable forthwith, or thereafter, at the option of said Ilfortgsgee, as - fully and completely as if aU the said suma of money were originally stipulated to be paid on such dav, an~ - thing in said note or in this mort~age to the contrar~ notwithstanding; and thereupon or theresfter, At the option of said ;liortgagee, without not~ce or demand, suit at law or in equity~ mav be prosecuted as if all mone~s secured hemby had matured prior to its institution. The Mortgagee may foreclose this mortgage~ as ta t}~e amonnt so declared due and payable, and t6e said premises ahsll be sold to satisfy and pay the same together with coats, expense$, and allowances. In case of partial foreclosure of this mortgage, the mortgagecl pmmises shaU be sold subject to the continuing lien of this mortga~e fur the amount of the debt not then due and unpaid. In such case the provisions of this paragraph may agaui be svailed of thereefter from time to time by the Mortgagee. 12. No waiver of any covenant herein or of the obligation secured hereby shsll at any time thercatter be held to be a waiver of the terma hereof or of the note secured hereby. 13. The lien of this instrument shalt remain in full force and effect during any postponement or e~tension of the Lime of payment of the indebtedneas or any part thereof secured hereby. 14. This mortgage ia given to secure the purchase money, or a part thereof, of the lands herein described and is executed and delivered contemporaneously with the deed therefor. 15. If the Mortgagor default in eny of the co~enants or agreements contained herein, or in said note, then the Mortga~ee may pertorm the same, and all expenditures (including reasonable attorney's fees) mecle by the Mortgagee in ao dou~ ahell draw interest at the rate provided for in the principal indebteclncss, and sl~all be repay eble thirty (30) dsys aiter demand, and~ together with interest and costs accrued thereon, shall be secured by this mortgage. 16. Upon the requeat of the Mortgegee the Mortgagar shall eaecute and deliver a supplemental note or notea for the aum or autns advanced by the 111ortgegee tor the elterstion, modemizalion, improvement, msin- ` tenance, or repair of eaid premises, for taxes or aseesaments against the same and for srly other purpose author- ~ ized hereunder. Said note or notes ahall be aecured hereby on s parity vcith end as fuily as it tl~e adcance evidenced thereby were included in the note~t 'bed abov . ~`id supplemental note or notes shsll bear BUOJ( PACE ~~~7 ~ ~ s ~ . - _ ~ ~ . - .