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HomeMy WebLinkAbout1134 ~ ~ .i~ ~ ~ ~ S. That he will pecmit. canmit. or suffec no waste, impair~aeat. a deteriaation oE sald propedy a any patt theceof; and in the eveat of the failura of the ~nodgaeor to keep t6e butldiags oa seid premises aad tbase tobe erected on said premises. or im~oveaieats thereon, in good cepa~r. the moetgagee aiay make such repaia as Ia ita discretioa It moy daem neceasacy fa tl~e ~!~oper presecvatioe tbereof, at~ the Eull amount of each and every s~ch payment shall be Immediately due end payable. aad shall be secured by the lleq of this mortgages. 6. That he ~rill ppy all and siagular the co~ta. charges, and expenses. iacludiag r~sonable lawyer's fees, aad costa of abstracts of title, incuned or paid at any time by the matgagee because of the failure an tha part of tha moctgagor promptly and fully to perfam the agreea~ents ond coveaants of saId promisaory note aad this mort- gage. a~d said costs, chrrrges. aad e:peasts shall be immediately dne and payable and shall be secured by t6e lien d this mo~tgage. 7. Tbat he will keep the Impcovemeats aow existing a hereafter erected oa the mo~geged property, iasured as nwy be roquired from time to time by the matgagee against lo~ss by fire aad other hezards, casualties~ and coati~r gencies in such amounts aad for such periods es may be required by matgagee, aad will Qay promptly. when due, any premlums on such insucance for peyment of which provision has aot been made hereinbeEae. All iusurance : shatl be carried in companies approved by moctgagee sad the policies aad reaewals theceof shall be held by mat- gagee and have attached thereto loss payable clauses in fava of and in focm acceptable to the modg,sgee. In event of loss he will give immediate notice by mail to mact~e?gee, and mortgagee may make pcoof of loss if not made promptly by modgaga, and each iasuraace company coacemed is hereby authotized and d'uected to make payment for such loss directly to mortgagee instead of to mortg~gac and matgagee jointly. end the insurance pro- ceeds. or any part thereof. may be epplied by moctgagee at its optioa either to the reduction of the indebtedaess hereby secured or to the restoration a repair af the pcopedy damaged. In eveat ot foceclosure of this modgage o~ other transfer of title to the mortgaged property in extiagnisha~ent of the iadebtedness secured hereby. all right, title~ and intecest of the matgaga Ia and to any insurance policies then ia force shall pass to the purchaser oc greatee. 8. That the mortgagee may, at any time pending a suit upon this matgage, apply to the caut heving jurisdic- tion thereof for the appoiatment, af a receiver, and such court shall fodh~vith appoiat a receiver of the premises covered hereby all and siagular, iacluding all and singuler the iacome. profits. issues. and cevenues from whatever source derived, each and every of wltich. it being expressly onderstood. is heceby modgaged as if specifically set forth and described in the granting and 6abendum clauses hereof. aad such receiver shall have all the broad and effective functions and powers in anyqrise entrusted by a couct to a receiver. and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said mortgagee. and aithout reference to the adequacy or inadequacy of the value of the propedy mortgaged or to the solvency ~ insolvency of said modgagor or the defendents, aad that s~h reats. pcofits, income, issues. and revenues shall be applied by such receiver accordiag to the lien of t6is mortgage and the pcactice of such caut. In the eveat of any deEault on the pad of the mortgagor hereunder, the mortgaga agrees to pay to the mortgagee oa demand as a reasonable monthly rental for the premises an amount at leest eqpivalent to one-twelfth ~l/12) of t6e aggceg,ete af the tvvelve monthly install- ments payable in the then curreat year plus t~e actual amount oE the annnal ta~ces, assessments. water rates, and insurance premiums for suc6 year not covered by the aforesaid monthly paymeats. 9. That r~) in the event of any breach of this mortgage or default an the part of the mortgagor, or (b) in the event that any of said sums of awney hereia referred to be not promptly and fully paid without demand or aotice. or (c) ia the event that each and evecy the stipulations, agreements, conditions, and coveaents of said note end this mortgage. are not duly. promptly, and fully performed; then in eit~er oc any such event, the said aggregate ~ sum mentioned in said note tl~ea remaiaing unpaid, with iaterest aocrued "to that time, and all moaeys secured hereby, shall become due aad payable focthwith, oc thereafter, at the option of said mortg,agee, as fully and com- pletely as if all oE the said sums of money were origiaally stipulated to be Qaid on such day, anything in said note or in this modgage to the contrary advvithstanding; and tbereupon a thereafter, at the option of said mortga- gee, without notice or demand, suit at law or in equity, ma~r be prosecuted as if all moneys secured hereby had matured pri« to its institution. The moitg,agee may foreclase this mortgage, as to the amount so declared due and payable, aad the said premises shall be sold to satisfy aad pey the same together with costs, expenses,and allow- ances. ~ In case of partial foreclosnre of this mortgage, the mortgaged premises shall be sold subject to the con- P tinuing lien of this mortgage for the amo~wt of the debt not then dne and anpaid. In such case the provisions of this paragraph maq again be avsiled of thereafter from time to time by t6t mortgagee. 10. That the mortgagor will give immediate notice by mail to the modg,agee af any conveyance, transfer, or chaage of aarnership of the premises. 11. That no waiver of any covenaat herein ~ of the obligation secared hereby shall at any time thereafter be held to be a waiver of the terms hered or of the note secuced hereby. ~ 12. That if the mortgagor default in any .of the covenants or agreements coataiaed berein. or in seid note, thea the mortg,agee may perEocm the samg. aad ell expenditures (iaclnding ceasonable attorney's fees) made by the mortgagee in so doing s6a11 draw interest at the rate set fath in tt~e note secuced hereby, and shall be repayable immediately and without demand by the mortgagor to the mortgagee, and, together with interest and eosts accruing thereoa, shall be secured by t6is modgage. 13. that the mailing of a writtea notice a demendaddcessed to the owner oE record of t}~e mortgaged pcemises. or directed to the said owaer at the last address actually furnished to the mortgagee, or directed to said owner at said modgsged premises, and mailed by the United States mails, shall be sufficient notice and demand in any ' case arising under this instruaie~t and required by the provisi«?s hereaf or by law. 14. The mortgaga covenants and agceea that so long as this ~atgpge aud the said aote secured hereby are insured nader the provisions of the Natioaal Housiag Act, he ~vill not execute or file fa recad any iastrument which imposes a restr:ction upoa the sale or occupency of the mort~aged propedy oa t6e basis of race, cola, a cceed. Upon any v,iolz~:ion of tbis uadertaking, the matgagee may, at its option, dxlare the unpaid balance of the debt sec~red hereby immediately dae aad poyable. 15. T1K mortgagor f~uther covenaats t6at shonld this matgage ~and the note secared hereby not be eligible o for inaurance under tbe Natiooet Housing Act withia 30 day8 from the date henoE (written statemeat of any officer of the Depactment of Honsing and Urben Development or authocized agent of the Secretary of Hous- ing aad Urban Developmeat dated sabseqneat to the30 dayS time fcom the date of this mortgage, declining to iasure said note and this mortgage, being deemed canclusive pcoof of such ineligibillty), tLe mo~tga- gee or the holder d the note mey, at its option, declere all suma secared 6ereby itimediately due and payable. The covenents herein coatained ahall bind, end the benetits and advaatages shall inure to, the nspective heirs, executaa, administratas, successas, end assigns d the parties hereto. Wheaever used, the singular aum- ber sball inclnde the plnral, tbe ploral the singular, and the use oE any gender ahall include all geaders. . gaoK~.68 eta~1131 .~_,G~, _ - ,