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HomeMy WebLinkAbout2300 9. To plac~ and continwvily keep on the buildings now w h~naft~r ~w+~s on iatd I~nd ~nd on all equipme~t ~nd p~r~ally cover~d by this mat~ ege, wilh ~II premiumi Ihcreon pa~d in full, fire insurance in ths u~ual standard po~icy fwm, in • sum approved by 1he MORiGAGEE, and wind~twm ~nsurance in the usual sqndard pot~cy fam, in s sum approved by the MORTGAGEE. in s~cF~ company w compu+ies ~s th~ MORTGAGEE rn+y d~rect; snd ~II fire a~d winds~orm insurance po~~ciet on any of said buildings, any inte~~st therain or p+?t thercof, in tM afl9~eyate a~m afor~iaid a in exceu Ihereof, sAall contain ths usual slandard mortgagee cl~vs~ w suth o~M* clause u tM Mo~tqages may requir~, makinp IM lou unde~ sa~d poli~ c+es, each and every, payable to said INORTGAGEE +i its intereit may ~pp~a?. and each and every such pol~cy shall b~ promptly ~ss:yned and delivered ~o eny held by said A10RTGAGEE as further seturity to said mortgage debt, and, not leu 1Fwn tM (101 days in advance of the expiration of e+ch polity, lo de- I~~er to said MORTGAGEE a renewal tF~ercof, to9ethtr with a receipt fw the prernium oi tuch re~ewal; and there sh~tl bs no fire or windstorm insu~anc~ placrd on any of said buildings, any interest thaein w pa~t thereof, unleu in the form ~nd with Ihe lou paYable at aforesaid; and in the evenl a~y tum of money becomes payable v~der :uch policy or polK~as said MORTGAGEE shall have ~M option to rece~ve ~nd apply the same on accoune of the i~xiebted- ness secured hereby a ro petmit said MORTGAGORS to rKeive and uss it w any part thereof lor othcr purposes, without thareor waivi~ig or ~mpair- ~ng any equ~ty, lie~ w right under or by virtve of this mo:tga9e; and in the evcnt ~aid l1110RTGAGORS shall fw any reason fail to keep the said p~emius so insu~ed, a(ail to deliver promptly ~ny of wid policies of insur~nce to said MORTGAGEE, w fail promptly to pay fuily ~ny premium therefw a in any respect lail ~o perfwm, dixharge, execut~, effect, complete, comply with and abide by thii rnvenant, a any part harooi, said MORTGAGEE may pl+ce and pay for suth insurante w any part thereof without waivinq w aNectinp ~ny optior~, litn, equity, w right under w by viAw of this Mutga9e, and the t~ll amount of each x~d every iuch payment shall be immediately due ~nd payable and sh~ll bea~ interest from the date thereof until paid at the rate of nine per.ceroum per annum and together with such i~teres~ shall be secured by tl~e 1'ien of this mortgaye. = t. To permit, commit or suffer no wsste, imp~irment w deterioration of said w an rt thereof. ~ W~tY Y, W 5. To pay all snd singular the coat~, charges and expenxs, includinp s reasonabk aftorneY's fee and costs of ~bstracts of titls, incurred or paid ~t any time by sa~d MORTGAGEE, because w in the event of the failure on the pa~t of ~he said MORTGAGOR to duly, p:omptly snd fully perform, diuharge. execute, effect, comptete, comply with and ab:de by each and every the stipulations, agreements, conditions, and covenann of said promiswry note and this mortgage any w ei~her, and satd coab, charges and expenses, each and every, shall be immediately due and payable; whether or not there be r.otice ds mand, attempt to collect w suit pending; and the full amount of each end er~?y suth paymenl shall bear interest from 1he date thereof until paid at tlx ra~e of nine per centum per annum; and all said costs, charges and e:penses inturred o~ paid, together wnh suth iMe~tsl, shall be tecured by the lien of thit mortga~s. 6. That (a) in the event of any breach of this Mortgsye or" defa~lt on the part of the MORTGAGOR, w(b~ in the event any of sa~d sums of money he~ein referred to be not promptly and fully paid within thirty (30) days nexl after the same severatly become due and payable, wilhout demand a notice, or (c) in the event each and every the stipvlations, agreements, condiYans and covenants of said promiswry note and th~s mortgage any p either •re no1 i~ly, promptly and fvlly performed, d~uhsrged, executed, effected, compkted, comp~~ed with snd abided Sy, then in either or sey such evsnt tM iaid ag gregate sum mentioned in said promissory note then remaining unpaid, with interest xuued, and a11 moneyi seturtd hereby, shall becon+e dw and pay- ab;~ futhwith, or tFxreafter, at the option of said NtORTGAGEE, as fully and completely aa if all of the said sums of money were w~ginally stipulsted ;o be paid on svth day, anything in said promiuory note or in this Mort9age to the contrary notwithstanding; and thereupon or thereafter a1 the option of sa:d MORTGAGEE, w~thout notKe w demand, suil st law or in equity, tFxrefore or ther~al~er begun, may be prosecu~ed as if all moneys secured hereby n~d matured pr~w to its inslitution. 7. That in tF~e event that at the beginoirg of w ~t any time pendirg any suif upon this Nbrtgage, or to fo~eclose i1, w to reform it, or ro enforu paymeM of any ciaims hereunder, said MORTGAGEE sh~tl apply to the Cour1 havrt+g jurisdiction thereof iw the appantment of a Receiver, such Court shall fcr~hwith appoint a reteiver of said mortgsged property all and singular, irxlud~ng ali and singular the income, profits, issues and revenues from whatever s~urce derived, each and every of wh~ch, it being expressly undcrstood, is hereby mortgaged as if spec;iically set fwth and desvibed in the gran~irg and h~bendum clauses hereof, and such Receiver shall have all the broad and eifective functwns and powers in anywise entrus~ed by a Cou.t to a Receiver, ~nd a:ch appoinrment shall be made by svch Court as an admitted equity and a m~tter of absolute r7ght to said MORTGA6EE, and wifhout reference to ths edequacy or inadeq~acy oi the value of the prope~ry mortgaged or to the solvency or insolventy of said MORTGAGOR w the defendants, and that such ' rem:, profits, income, issues and revenues ahall be applied by such Receiver according to the lien or equity of wid AhORTGAGEE and the practice of such CouR. 8. To duly, prompHy and fully perform, discharge, execute, eff~ct, complcte, comply with ~nd abid~ by each ~nd every the stipvlations, agrcements, ` i cond~tions arxl covenanfs in said promissory note and this mortgage set forth. ' 9. That in the event the ownership of the mwtgsged premiscs, or any paA thereof, becomss vested in a pe?son other than the MORTGAGOR, ths :'.ORTGAGEE, its succeuors and su~gns, msy, without nofice to the MORTGAOR, deal with such succeasw a successor in interest with re(ercnce l0 lhis n,ortgage and the debt hereby secured in the same manner as with Mortgagor without in any way vit;ating or dixharging the Mortgagors' liability herr vnder w upon the debt hereby secured. No sale of the premises hereby mortgaged and no forbearante on the pert of the MORTGAGEE w its successo?s or ass~9ns and no extension of the time fo~ the payment of the debt hereby secured given by ti~e MORTGAGEE or its ~uccesson or auigns, shail operate to release, dixharge, modify change or affect the origina) liability of the MORTGAGOR Fkrein, either in whole w in p~rt. 10. It is specificalty ayreed that time is of the essence of this contrstl and that no waiver of any obligation hereunder or of the obligation sr cured hereby shall at any time thereafter be held to be a waiver of the terms hereof a of the instrument tetured herby_ 11. In add~tio~ to the fotego:ng momhly paymems of princ'pal and iMerest required by the prom3sory rate secured hereby, mwtgagor tovenants JT.d ag~ees to pay-to mo:tgagee with each monthly payrnent an addirional sum est~mated by mortgagee to be equal to 1/12 of the annual cost of the follow- , A-All real property taxes leveed w assessed against the above described real estata r B-Premiums on fire and windstorm insu~ance as herein requ:red to be carried on the improveme.~ts situate on the above d~scribed premises. C-PrertBums on such mortgage guaranty insurance as mortgagee shall from t;me to time deem fit to carry on the loan secured hereby. I~ Mwtgagee shall from time to time notify mo~tgagor in writing of the amount due and payable hereunder and such sum shall thereupon be due ar~ ~ ~ :.~~;able on the due dare of the next monthl ment and each successive month thereafter ur.tii mort ee shall notif mort of a ~m sucF~ Y PdY 9a9 Y 9~Q~ 4 ~Ffin~ ~ G •ount. Such sums shail be applied by mortgagee toward the payment of real property taxes, insurance prem:ums, and mwt8lge.,~Wra~.iq~uqnoe. : ~ ~,.emiums. _ ~s ~ ; . !r_..`" ~ k IN WiTNESS WHEREOF, the wid MORTGAGOR has hercuato set his hand and xal the day and yesr first aforesaid, ti~~'- ~ ~ ' t Si ned. ~led nd delivpred in the presence of: ~ " . ± , ~ curr~ ~i-i cF ~n= a3t = F_~i~~-- , R~,. ,~/L 'c ' ~ ' . . :~le- 9~ie~ ~ } op q ~ C ;1 4±tPst amPs c n-a- _ 1 _ _ ~ ~ - r:ri;r; w ~s.~+.=~s,x•-~-T-- ~ _ l;.......,..e.•• labama Dale ~ STATE OF ~ COUNN OF ~ ~7 t ~'Pbr,larv ~ 1 HEREBY CERTIFY, That on thi 1 day of , A.D. 19 , . '~1. MA ~hPVS~ ~~~U~~~ ~1 before me personally appeared ~ ~-r ~ 1 .he president ~ ~cyc~ , of € ~`fT~rN !'t(`D `~v ~~1Tmu a non-^r~~~'; * 'M'lori ~2 Corporation, to me ' ~ - - - . ~ known to be the per~n~ described in and who executed the foregoing instrument, and severelly acknowledged the exe- ` ~ ~a u::. hg ' cution ther,@dF~a~e.TK~it,free act and deed as such officerlcfor the uses and purposes therein mentioned; and that~ : ~ :.1 1_~~ affixed:thereto the~offtcia('seal of said corporation, and the said instrument is the act and deed of said corporation. ~ WITN~SS,my~in~J~and.dffiti0~ sea~ et ~l~1-~ Ozurk , said county and state. _ = . _ : ' _ _ ~~`?a,.,C~.~,Zv~~ , - - Notary Public, in and for State and County aforesaid. ~ - ;r, ._ji "~~<<;,`' My Commission Expires: ; - . _ . . ~ c,/17/70 + ; - ~ , 5~RY1fi4 FA~E22~S - _ ~ ~ _ - ~ ~ - , : - ~3