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Home My WebLink About1958 the deficiency. Such payment shall be n~ade~t~'ithin thirt (s0~ days after vvritten notice Iro~u the `iortgagee stating the smount oi the deficiency, which notit~e may~d~+ ~{un by mail. If at any time ~he ~iortgsg~or • aha~l tender to the ~tort~uRee in scconlunce w ith the provia~ona of ti?e note aecured hereby~ (uU psymen6 ~ oi the entire indebtedness repn~sented thcreby, the Tlortgagee as truatee ahall, in rnnaputing the smount ot ~ such indebtedness, credit to the nccount of the :41ort~a~or sny credit balence remaining under the provisions i oi (e?) ot aaidper~ raph 2. If there ahall be a default under any of the provisions of this mortgage resulting in a public sale o( the premise~ rnvered hereby~ or if the I~iortgagee acquires the property otherwise after detault~ the :~'Iortgugee as trustee ahall apply, at the t~me of the conimencement of such proceedinga or ~t the tinie the propertp is otherwise acquired~ the amount then remaining to credit ot Mortgagor under (s) ot - para$raph 2 preced~ng as s credit on twe interest accured and uapaid and the balance to the principal then temauung unpaid on said note. - 4. 8e wIIl p?~ all 4~oe~. aeeeeemenb. watee tsta, and uf~het ~overrrmental or municiPv ebaTBa. ~na. a~ impoeitions, for whieh provimon bss noL been made hereinbe[ore, and ia default thee~eof tLe Mortaaa'ee m*Y PRY ~ rame; and t~Lst Ls will P~P~Y delivet tbe o~aal t+eoeipts thecefoc to the Mortgegee. ` 6~. He will permit, oommit, or euSer ao was~e, imp3rmea oe deteeioration ot ssid property oe~?qy part theceof eaooep! reas~n~bb wear aad tear• and in the evea0 of tbe f~ ot tLe Mortge~or to keep the buildinp oa aai~ pcemises ond thase to be erecte~ on s~id pnmises, or improvewent~ thereon, in good repsir the Mo m~lce such repain ~s ia its discretion it may deean neoeeeary fot the~~roper preeervation ther~, and t6e full ~ d ~aah and every euch p~ym~t ehall bs due and P~Y+~ ~Y ~ stt~ demand, and ahaU be secured by ` t6e lian of this nnostgy~e. 6. He wlll pay Wl and.ein~Lr the oosts, ebar~ee, aad eupenses~ indudin~ reasonsble lswy~er's feee, aad ooets et abstraats of title, inq~n~ed or paid at sqy time by the Mort~ee because of the failure on the part of the Mort~or P~P~Y aad i~y to peiform the a~eeiaente and oovensate of eaid promiaeory notc snd Lhia mortgage, and said aosts, aharges, and ezpenses ehall be immediaLe~j due and p~y~ble and a6a11 be securetl by th~ liea of this mortg;~gs. 7. Fe will oontinuoua~ maintain bssard insurmoe, of auch type or t~pbs and ~'ounts se Mortgagee ma~ trom tima to time reqnirs, on tbe improvemente nQa or Dereatter on eaid prsmisee snd e.~cept when p~ymenL tor all such premiums h~s theretofore been made under (a of paragn~h 2 hereof ~e will p~y promp when due any premiums therefor. All inauranoe shall be car~ in oompan?es appmve~ by I~lortgagee iwd ~e poli- cies and renewals th,ereoi ehall be beld by Mortgagee and have stitached thereto loes pay~ble clausee in isvor oi m • aad in form aoceptsble to the Mo In event oi loes he will give immediate notioe by mail to Mortgagee, aad Mortgsgee msy make proof o if not made pmmptly by Mortgagor~ and each inauranc~e oomp~ny oonc~erned is hereby~~uthoriaed and directed to mslce psyment for such loes directly to Mort~sRee instead oi to ivtortgagOr and Mortgagee join~, and the insuranoe prooeeds, or aqy part there+f m~y be app7ied by 111ortr ~agee at its option either to tbe uction of tLe indebtednees hereby eecured or to t~e restorsvon or repair of the property damaged. Ia event of ioreclosure of tLia mortgage, or other transfer of tiWe to the mortgaged proparty in eztingmshment oi the indebtedneeB aecured hereby,-all right, title, and interest of t6e Mortgagor m and to aay iffiursnoe policies Lhen in force ehaU pass to the purchaser or grantee. 8. He will not esecute or Sle of record any inatrument which impoees s restriction upon the sale or oocu- pancy of the property described herein on the bssie of race, oolor, or creed. 9. If the premise~, or any part thereof, be condemned under the power of eminent domain, or acquired for a public use, the damages awarded, the proceeds~for the taking of, or the consideration for such acquisi- tion, 1o the extent of the full amount of the remaining unpaid indebtedn~s secured by this mort~age,, are hereby assigned to the Mortgagee, and his heirs or ass~gns, and shall be paid forthwith to said Mort~egee or bis assignce to be applied on sccount of the last maturing installments of such indebtnesa; provided,-how- e~•er, the Mortgagee or his assignee, ma~ at his discretion pay direct to the Mortgagor, hia heira or assigna any part or all of auch award; pmvided~ that if the loan is guaranteed or insured, the consent of the guaran- ~ tor or waurer is obtained in advance of said payment. 10. The Mortgagee msy, at anp time pending s suit upon this mortgage ~ apply to the court havir?R jurisdic- tion thereof for the appointment of a receiver, and such oourt s6all fortfiwith s~point s receiver of the premises oovered hereby all and singular, including all and singular the inoome, profite~ issues, snd revenues irom ~rhat- ever sow~ce derived, each and every of w luch it being expresely understood, ia hereby mortgaged as if apecifically set forth and descnbed in the granting an~ hsbendum clauses hereof. 3uc6 sppointanent shall be made by such oourt as an admitted equity and s matter of sbsolute right to said Mortgagee~ and without reference to the adequacy or inadequscy of the value of the ptoperty mortgaged or to the solvency or insol~ ency of seid Mort~agor or the defendanta. Sucb rents, profita, inoome, isauea, aud revenues s6all be applied by such receiver sccord'ing to the lien of this mortgage and tLe practice of such oourt. In the event of any default on the part of the Mortgagor hereunder, the 1lfortgagor ag~rees to pay to the Mo agee on demand as s reasonable monthly rental for the premisea sn amount at least eqwvalent to one-twelfthr(!~:) of the te of the twelve monthly m installmenta psyable in the then current year plus the actusl amount of the annu tsxes, essesaments, water ~ rates, and inaurance premiums for such year not oovered by the aforesaid montWy paymente. 11. In the event of any bresch oi this mortgage or default on the part of the Mortgagor, or in the event that aay oi said sums of money bereia refen~ed to be not promptly and fully paid acc;ording to the tenor hereof, or in the event that each and every the atipulations, sgreementa~ conditiona, and covenanta of said note snd t6is r.~ortgage , are not duly, pmmptly, and fully performed or if the Mortgagor be adjud'icated banl:rupt or made defendant in s bankruptcy or receiverahip proceedings; then in either or any such event, the said aggre- gste sum mentioned in said note then remainu~g unpaid, with interest accrued to that time, and all money aecured hereby, s6all become due snd psyable forthwith, or thereafter, at the option ot said 111ortgagee~ as fully and completely as it all the said suma of money were originslly stipulated to be paid on such day, an~- thing in said note or m this mort~age to the contrar~ notwithstanding; and thereupon or thereaiter. pt the option of said 11'Iort~agee, without not~ce or demsnd, suit at law or in equity, mav be proaecuted ea if all monevs eecured hereby~nd matui~ed prior to its inatitution. The Mort~agee may forecloee this mortgage~ as to the amouat so declared due and payable, and the asid premisea shall be sold to astisfy and psy the same together with costs e~cpenses, and allowances. In case of partial forecloaure of this mortgage, the mortgaged pmm~ses shall be sofd subject to the continuing lien of this mortga~e for the amount of the debt not then due and unpeid. In such case the pmnaions of thia paragraph msy agun be svsiled of thereatter from time to time by the ~ Mortgagee. 12. No w~iver of any oovenant herein or of the obligation aecured hereby ahall st aay time thereafter be held to be s waiver of the terms Lereoi or of the note aecured hereby. 13. The liea of thia instrument ahall remsin in full force and eBect during sny postponement or estension } of the time of payment of the indebtedness or any part thereof secured hereby. ` 14. This mortgage is given to secure the purchaee money~ or s part thereof, ot the lands herein described ~ aad is ezecuted and delivered contemporsneously with the deed therefor. , 15. If tLe Mortgagor default in aay of the covenants or sgreementa contained herein, or in said note, then t..~ tLe Mortga~ee msy perform the same, snd sll eapenditures (includuig reasonable attorney's fees) macie by the ,.r Mortgagee in eo dou~ ahall draw intere8t at the rste provided for in the principal indebtedness, and sliall be ~ repsy sble thirty (30) dsqe sfter demand, and, together with interest and oosts accrued thereon~ shsll be secured ~ by tL~s mortgsge. ` 16. Upon the requeat of the Mortgagee the Mortgagor shaU execute and deliver s supplemental note or ~ notes for the sum or aums advanced by the Mortgagee tor the alter~tion, modernization, improvement, msin- tmance~ or repsir of eaid premises, for texes or aeeeesmenta agunat the same and for any other purpose autl?or- o~~ ~ n~ ized hereunder. Said note or notea ahall be eecured hereby on a parity with and as fully as if the sdvance o.n . evidenced thereby were included in the note 6nt deacribed above. Said aupplemental note or notes ahall bear _ ~ - _ ~ - _ - ~ ~ ~~-5