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HomeMy WebLinkAbout1799 . ~ ~ . ~-'~~r~ ~ ~ ~ i • • 'r ~ • S. Tlwt he will petmit. commit. a autfer no waste. impsirmeat. or doteria~?tion of sald propeety or any part thereof; and io tha event of the failure of the modgagor to keep the buildin~ on said premises aad tbose tobe erected on said premises. ~ improvements thereon. ia good cepau. the moetgagee may ma:ce such Kpni~s as ia lts discretios it may deem necessary foc the proper presecvatioa theceaf. and the Eull amount of each Aad every suc6 payment shall be im~aediately due and p~yable. and shall be secured by the liea oE this awrtgage. 6. That he ~rill pay all ead singular the costa. charges. and expenses. including ceasonable lpwyer's fees. and costs of abstraets of tttle. inc~uced or paid at any time by the matgegee because of the failuca on the p~r1 of the mortgaga pcom~ly and fully to perEam the agreements and coveaaats of said promisaory note aad this aaott- gage. and said costs. charges. and expenses shall be immediately due and payable a~d shall be secuced by the lien d this matgage. - 7. That he will keep the improveeaents ao~v existing oc hereafter ecected oa tbe matgogad pcopedy, insured as may be required fcom tia~e to time by the matgagee against loss by fire end other hasards. casualties. aad contie- geacies in such amounts and for such periods as may be cequired by matgaget, aad ~ill pay ptomptly, when due, any p~eouua~s on snch iasuraace for payment of Which provisioa has aot beea made hereiabefore. All instYance shall be carried in companies appcoved by matgagee and the policies and reae~vals tbeceof shall be held by mat- gagee and have attached thereto loss peyable clauses ia feva of and in form acceptable to the modgagee. Ia event of loss he will give immediete notice by mail to moctg~agee, and modgagee may make proof of :oss if not made promptly by moctgagor. and each iasurance company concerned is 6eceby authorised and d'uected to make paymeat Eoc such loss dicectly to moctgagee instead of to matg,egac and mortgagee jointly, and the inaurence pro- ceeds. or aay part thereof, msy be applied by ~atgagee at ita optlon either to the rednction of the indebtedness hereby secured or to the restoration a repair of the pcoperty damaged. Ia event of foreclosure of this awrtgage or other transfet of title to the moctgpged property in extinguishment oE the indebtedness secured hereby. all cig6t, title, and interest oi the matgaga~ ia and to any insurance policies then in force shall pess to the purchaser or gcaatee. 8. That the mortgagee may, at any time pending a suit upoa this matgage. apply to the court having jurisdic- ;ion thereof fa tbe appointa~ent ot a receiver, and such coud shall forthwith appoiat a receiver of the p~emises covered hereby all and singular, iacludiag all and singular the income. profits. issues. and revenues fwm whatever source derived, each and every of ahich. it being expressly understood, is hereby modgaged as if specifically set focth and described in the granting and habeadum clauses hereof. and such receiver shall have all the broad and effective functioas and powers in anywise entrusted by s court to s receiver. and such appointment shall be made by such ~oud as an admitted equity and a matter of absolute right to said moctg,agee. and without reference to the adequacy or iaadequacy of the valne of t6e propedy mortgaged or to the solvency oc iasolvency of said mortgagoc or the defendents, and that such cents, profits, inc~me, iss~es. and revenues shall be applied by such receiver according to the lien of this modgage and the pcactice of such court. Ia the event of any default on the pad of the mortgagor hereunder, the moctgagor agreea to pay to the mortgagee_ oa dea~and as a cessa~able monthly rental for the premises aa amount at least eqpivalent to one-twelfth (1/12) of t6e aggregate of the tarelve monthly install- ments peyable in the thea current year plas the actual emount of the annual taxes, assessments. aater rates, and ins~rance premiums for such yesr not covered by the aforesaid moathly paya~eats. . 9. That (o) in th~ event of any breach of this modgage or defaalt oa the p~rt of the modgagor. or (b) in the event that any of said sums of money herein referred to be not promptly and fully paid without demand or notice, or (c) in the eveat that each and every the stipulations. agceements, conditioas, and covenants of said note and this modgage, are not duly. ~romptly, and fully performed; then in either or any such eveat, the said aggregate sum mentioned in said note then remaining unpaid, with interest accrued to that time. and all moneys secured hereby. shall becoa~e due and payable forthwith, oc thereafter, at the option of said mortg,agee, as fully and com- pletely as if sll of tbe seid sums of money were originally stipulated to be pa~ on such day, anything in said note or in this modgage to the contrery notwithstanding; and thereupon or thereafter, at the option of said moctga- I~~ gee, without notice or demand, suit at law or in equity. may be prosecuted as if all awneys secured hereby had matured pria to its iastitution. Tbe modgagee may ioceclose this matgage, as to the amount so declared due and ~ payable, and the said premises shall be sold to satisfy and pay the same together with costs, expenses,and allow- ~ ances. In case of partial foreclosure of this mortgage, the mortgaged premises shall be sold subject to the con- tinuing lien of this modgage for the amount of the debt not then dae aad unpaid. In such case the provisions of this paragraph may agaia be availed of thereafter from time to time by the modgagee. ~ 10. That the mortgagor will give immediate notice by mail to the modgagee of any conveyance, transfer, or change of oavnership of the premises. 11. That ao waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hered or of the note secured hereby_._ - 12. Tfiat if the moctgagor default in any of the covenants ot ag~reements contained berein, a in said note, then the moctgagee may perform the same, and all expenditures (including reasonable attocney's fees) made by the mortgagee in so doing shall draw interest at the rate set fath in the note secured hereby, aud shall be repayable immediately and without demand by the mortgagor to the modgagee, and, together nvith interest and costs accruing thereon, shall be secured by this mortgage. - 13. that the mailing of a written notice a demandaddressed to tbe owner of recocd of the matgaged premises. or directed to the said ovr~r at the last address actually furnished to the mortgagee, or directed to seid awner et said modg,sged premises, and mailed by the United States mails. sball be sofficieat aotice and demand in eny " case arising undu this instrumeat aad required by the pcovisioas hereof or by lavr. • 14. The mortgago~ covenants aad agFees tbat sa loag as this mortgage aad the seid note secnred hereby are insured nnder tbe provisions of t6e Natioaal Hoesing Act. he will not- e:ecute or file foc cecocd aay instrument which imposes a cestriction upoa the sale or occupancy of the mortg,aged property on the basis of race, cola, or creed. Upon any v~ola.ioa of this undertaking. the moctg,agee may~ at its optioa, dxlare the unpaid balance of the debt secured hereby immediately due aad p~yable. 15. The mortgagor further coveaanta that should this matgage and the note secnred hereby not be eligible far insnrance under the National Housing Act within 'lbil'tt D~,1~/ from the date hereof (writtea statement of any officer of the Depadment of Housing aad Urban Developmeat oc authorized agent af the Secretary of Hous- ing and Urban Development dated subscquent to the p~y~ time fcom the date of this modgage, declining to insure said aote and this mortgage, being d~em•~d caacrusive proof of such ineligibility), the modga- gee or the holder of the note may, at its option, declare all suma secured f~ereby immediately due and payable. The covenaats herein cvntained shall bind, and the bec~efits aad adveatagas shall innre to, the eespective heirs', esecutors, administratocs, successas, and assigns af the padies hereto, W6eaevec used, the singular num- ber shall inclnde the plnral, the pl~ual the singnlar, end the u~e of any geader shall inclnde aU geuders. i00K~~ PACE~~