HomeMy WebLinkAbout1088 ~ ~i t .
s. vn~ a~~t ~ ~ ~ ~ ~ c~ ;~a a~ ~.u ~ «~~~a
to wl3ect the reats, issues and~
b from the pr~ hereiR re desaibed, but in ase o£ s default in u?y af tbs terau~ of
chis moctgage, and tbe filiwg oE a biII to focecloae th4 a s~ny otbe~ aao~tgage ~maberlag d~e wtthin descrlbed pt~operiy~ the
Associatjon ahall ima?ediateTy and without notioe be eatitled to the appoia~t oE a Reoeiv~er of tbe ~moetgaged p~apecty, and
of tbe reats, issues and pr~fib theie~f, wlth the usualpo
wer of Reoeiven ia sach cases, snd sud~ Recelvet aaty ~e cotitinoed
;n posxssion of the said property until tLe tiime af tLe sak tbeoeof unaer such faa+ecloaure, and uatil tbe oonft~ation of such
sale by che coeut.
9. If a oonvq?ance should be awde by tLe mo~tgagas of tha pccmi~s herein de~tbed, a any part the~eof, without
the writtea co~uent of the Association. and witbout s?ssumptioa in regular fozu? of l4w by tbe grantee oE tTie oblig~tions t~o tLe
Associatiaa created by said promisso~y note and t6is mKtgage~ then, aad in that e~veat, and at tbe option of tbe Aasociation,
nnd ~vithout rwtice, all sums of money sdcwnd heTeby abaU immediately and concurrentlt? with sucb ccmveyance beoome doe aad
P~Yable and in dehuh. Tbs As~ociatioa may de~l wtth mooeasots in interest with referonoe M thtt matgage and tLe debt he~eby
serured ia ihe same anaaner as with tbe mortgago~s, and m~ty fo~bear to sue or may eztend time [ac payment oE the debt, secured
hereby, ar otheiwi~e act without ~d~arg g oc tn any way affecting the liability ~ tba mattgagars bereundec ar upoa tbe dcbt
heneby secured. The Ax.»mccyatio~
mad
y isoa
. deal wlth the Matgago~s andloc wlth suoce~sors in intrrest with retarenc.~e to tbis
mortgage and the debt secured by forbearing to stu, ext~.diag tba time fot paymeat of the debt, Providin8 fo~ differeat
monthly P~Y°~eata and/or a ereat interest nte, and by otber e:p~~ss modificatioa~ o# the eondact, without losin any prIoritv
~
the Associatio~ has over otLer mottgagoes or ltenoas ar holders af any juiilo~ interats in the ProPe~' Y•
10. That in tbe eveat the premise.s l,erEby ort~ag«l. or any part thereof, ~all be ooodemned and talce~ farpu
blic use
under the powe+r of emiaent domain, the Associatioamshall have the right to de.~aand that aD damages awarded for the b~3ng ~ pr
damages to said premises shall be paid to the Association, its sucoessors or assigns, up to the aano~mt unpaid on dds matgage and
may be aPP~ P~Y~at ~ P~Y°~~ ~ 1~Ysbk ti,ei~eon.
lI. It is specifkaity agreEd that time is the es~ce of diis oo~trad and tbat no waiver of any ob}igation haeunder or of
the obligatio~ secured hereby shall at any time thereaRer be beld to be a waiver o~f tLe teru~ oc of tha inst~umoant sec.ru+ed haeby.
12. IE foredoaure p~+oceedings oE any sxond mott~age a~ seooud trustileed ~ any ~unior lien oE any kind should be insK-
cuted, the Ass~iation may at its opHon, immediatdy a~ there~ft~ declare this mortgage and tLe indebtedne~ sec~md hei+eby due
and payable.
13. To the extent of tbe indebtedness of the Moitg~gors m the Association dtacx~'bed herein or sec~ued hereby, tbe Asso-
ci~tion is henby svbrog~ted to the lie~n oc lieai and to tbe rights of the owners and holders thereof of each and every matg~Se•
lien or other et~cumbrance on the land desaibed I~erein which is paid and(or) satisfied, in whok or in part, out of tbe
of the loan de,scribed herein or secured hereby, and the t~espective l~eens of sstd mosrtgages, lieas or othet encyimbranoas, Il
to ar~d be held by the Axsociation here~n as secuay fosr the indebtedness to the Associabion hereia described ac he~eby secu~+e~M
the same extent that it woold have been preserved and wwild have been ~aased to and been held by the Assoc.~iation bad it l~eea
duly and regularly assigned, transEerred, set over and delivered unto the Association by separate dead ~ a~ment~ natwitl~tand-
ing the fact th~t the same may be satisfied and cancelled of recard, it being tbe intmtia~ of the parties haeto tLat the same will
be sa~a~ed and cancelled of rec~d by die lwlders thereof at or about the time of the reoording of t6is martgage.
14. To pay all ancl siagular the ooats, charges, and espense.s induding lawyer's fees, re~anably iac~ared or paid at any
dme by the Association, because of the failure of the I?iortgagors to l~rform. oomPlY with and abtde by each and every stipula-
tions, agreements, conditions and eovenants of said pranissory note and thLs deed, or either, and every s~h payment shaII bear
interest fiom date at the rate stated in the note secuned hereby.
15. T'hat he willp~u~ commit, o~ suffer no waste, impainnent, or deterioration of said pro~ty ~ any pazt thezeof;
vn
, and in the ev~nt of the 'ilfa urc of the Modgagors to keep the bnitd'mgs on said~us~ and tl~ose to be erected a~ said premises,
ar improveaients thezeon in good repair, the Associatiw? may make and pay for suchrepa~rs as in its disaetion it may deem
e~ry for the prupergr~e
rvation thereof, and the full amount of such p~,viner~ts shall be secured by the lien of this matgage
ann
de~ s}~all at the option of the Associati~ be immediately due and payable, or payable in s~x:h mo~nthly in~allmenta as the A.isoc,ia-
tion may dctermine, and every such payment shall bear intaest from date at the rate stated in the note secured l~x+eby. ~
18. T~at if the Association and the I?iortgagaara agree, the Modeg
ors w~t carry a policy or policies of ~ upon ~
their lives in aa ameunt equal from time to time to the amount of indebtedn~a heTeby sen~red, maldng said Associatio~ beaefi-
ciary thereunder, and that the said Association ma~?pa
y the premiums for such insuraace (in the event the Mortgagors do ~ot),
and add each such payment to tlie unp~ balance of the loan, as of the first day of the thea cturent manth, and it s6all beco~me
additional indebtedness secured by tbis mortgage payabk npon deinand.
17. That in.the event ihat this mortgage be given M secure a construction ban, failure on the pa~rt of the Mortgagors or
their contracbors to oomplete said bnilding in accordanoe with Construction Loan Ag~nent, of evea date herewith, or to build
said construction in aocordanee with plans and specifications filed with the Association, shall oonstitute a breach of this mortRage.
and, at the option of the Association, unmediately mature the entire amount of principai and inber~st h~eby sec~a+ed and the Asso_
ciatian may immediately institute proceedings M foreclose this mortgage.
ver~ e
I8. T6at the abstract or abstracts of title ooverireg tbe mortga ed property shall at all times, during the life of this mort-
gage, r~in in the p~ion of the Association and 'm the event o the fareclosure of tl~is mortgage or oth~r trantfer of title to
the mortgaged ~operty in extinguishment of the indebtec}~?ess secured hereby, all right, titIe, and interest of the Mortgagors in
and M any such abstracts of title shall pass to the purchaser or grantee.
19. Tbe Association shaB have the rlght, in its discretioq to require that the Mortgagors p~y into the Assocyation m addi-
! tion to the monthly installments a~ principal and interest to be paid by the Mortgagors under the note sec~ned by this matgaSe. ~
an amoUnt equal' W w~e-twelfth of the annual instaIImeats of any tazes on the mortgaged premises levied or assessed by any
govemmental autbority, and one-twelfth of the annual pcemiums for Fire and F~ctended Cove~age insurance on tLe mortgaged
premises as hereinbefare r~equired by the Association, and the Aiortgagon' failwe to make such payrnents shall constitute a default ~
undec tl~s mortgage. - ~
IN WITN~SS ~VHEREOF, the said Mortgagors hereunto set their hands and seals the day and year first above wriiten. }
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Si ed,.graled and delivered ' the presenoe of: ~
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r,------,- - - _~Yc~_ ~ ..-~~~i°!!'~'~ (~L)
~ i
. Clarence T. G' on #
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" - (s~..) ;
~ - arion L. Gibson ~
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cwm+ESSES! cMOUtcncoa) - -
168 ~~~10$5
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