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HomeMy WebLinkAbout1861 . l ~ t ~ ~ S. That he will pecmit. commit. ac sutter ao wsste. i~p~ir~ent. ot detetiaatioa of said p~opedy or aey part thereoi; and in the eveat of the tailure of the oatg,aga~ to k~ep the buildiag~s oa said premises aad tbose tobe ecected on said premises. oc iwprovemeats tbereea. ia ~ood repoir. tbe ~o~tg,agee say make such cepoirs as in its discretion it may deem ~ecessary fot tbe prope~ preseivatia~ t6ereof. aad tbe full asouat of each aud every such payment shell be imaediately due aad payable, aad shall be secnred by tbe liea oE this mortgage. 6. Thaf he will pay all and siagular the casts. ch~rges. and espeuses. iaclndiag reesoaable lawyer's fees, and costs of abstracts of title. iacuned ot paid at aay ti~r by t6e watgasee because of tbe failure oa the pert oE the mortgagoc promptly aad fully to petfa~ t6e a~eaeats and coveasats af said promissory uote aad tbis mort- gage. anc~ said costs. charges. end espeases shall be ia~ediately due aad peyable aad shall be secured by the tien d this matgage. 7. That he will keep the Impravements uaw esistiog a 6eteafter eeected oa tbe owtgaged pcoperty. insu,~ed as may be requiced fcom time to time by the matgagee agaiost lo~s hy fire and othcr l~asards. casualties. and coatin- gencies in such amounts and for such periods as ~ay be reqaind by oatg,ag~ee. aad wiU pay promptly, when due. any prea~iucs oa such insurance for peymeM d whicb p~ovision h~s oot been oade hereiabefoce. All insurance shall be cacried in canpanies approved by matpgee aad the policies aad renewals tbereof sball be held by mort- gagee and have attached theceto loss poyable clanses in [aver o[ aod in for~ acceptable to the moctg,agee. In event oE loss he will give immediate notice by mail to oat~agee. and oortgagee may maloe pcoof of loss if not made promptly by moctgaga. and each iasurance compeny caoce~ned is hercby authaised aad d'uected to make ~ payment foc such loss directly to mortgagee instead of to ooctg,~gac and oa~t&agee jointly. and the insurance pro- j ceeds. or any part thereof. may be applied by eatgagee at its optian eitUec to tbe rednction of the indebtedness ~ hereby secured oc to the restoratian a repair d t6e pcopedy daoaged. In eveni d faeclosure of this modgage or other transfec of title to the matgsged propeity in ~tinguishsent d the iadebtedness secared hereby. all rig6t. ; title, and interest of the moctgaga~ ia wad to say insnrance policies thep ia farce shall pess to the puichaser oc grantee. - j 8. That the mortgagee may. at any time pendiag a snit npon this oatgage. apply to the court having jurisdic- j tion thereof for the appointmeat of a ceceiver. and sucb caut s6a11 fatbwit6 appoiat a receiver of the premises S covered hereby all and singular, iacludiag all and singnlar tLe iacooe, profits, issues. and revenues from whatever source derived, each and every of which. it beiag esp~essly mderstood. is hereby matg,eged as if speciEically set forth and described in the granting aad habendam clanses 6ereof, aad such ~eceiver shall have all the broed and effective functions and powers in anywise entrusted by a comt to a receiver. aod such appointment shall be made by such caiud as an admitted equity aad a matter of absol~cte rig~t to said oatpgee. aad ~ithout reference to the adequacy or inadequacy of the value of the pcopedy oatg,nged a to the solveacy a insolvency oE said mortgagor or the defendents. and that snch r~ats, pcafits, iocooe, iss~es. and t~.weaues sball be applied by such receiver according to the lien of this mortgage and tbe practice af socb com~t. In tbe event af any default on the pad of the ~ mortgagoc heceunder. the m«tgag« agrees to pey to the matp,,agee on demand as a reasooable monthly rental for ~ the premises an aaaunt at lesst eQ4ivalent to ooe-twelftb (1/12) of t6e agg~reg,ate of the twelve monthly install- ments payable in the then current year plas tbe actual amo~mt of the aaaual tazes, assessments. water rates. and insurance premiums for snch year aot covered by the afocesaid oonthly pey~ents. 9. That (a) in the event oE any bresch of this oortgage os defaalt on t6e ped of the modgagor. or (b) in the event that any of said sums of ma~ey herein referred to be nd prooptly and fully peid without demand or notice, . or (c) in the event that each aad every the stipulatioas. a~eeoeats. caoditia~, and covenants of said not~ and this mortgage. are not duly, prompRly, and fnUy performed; t~en in eithe: a any snc6 event, the said aggcegate sum mentioned in said ~ote then remainiag uapaid. wit6 io~terest aecrued to tLat time, and all moneys secured hereby, shall become due and payable fat6wit6, ac t6eresfter. at tbe option of said matgagee, as Eully and com- pletely as ;E all of the said sums of money were ocigimlly stipalated to be p~id on snch day, anything in said note or in this modgage to tbe coatrary not~vithstand'uig; and tberenpon ar t6ereafter, at the optioa of said moctga- gee. without notice or demand. suit at law or in eqnity. may be prosecuted as if all moneys secured hereby had _ , matured prior to its institution. The matg,agee may fo~c~close this matg,age, as to the aewunt so declared due and ~ payable, and the said premises shall be sold to satisfq and pay the same togetber with costs, e:pensPs,and alloa- ances. In case of partial foreclosnre of this moctg~ge, tLe oortgpged pre~ises shall be sold subject to the con- tinuing lien of this mortgage for the amou~ af the debt not tben dne and unp~id. Ia snch case the provisions uf this paragraph may again be availed of thereaHer fro~ tioe to time by the mortgagee. ! 10. That the modgagor will give immediate aotice by oail to t6e oa~tg~gee of any conveyance, transfer, or ~ ~ change of aamership of the premises. 11. That ao waiver of any covenant hereia or of the obli&ation secmed bereby shall at any time thereafter be held to be a waiver of the terms hered or of tbe note se~cnced 6eceby. 12. That if the mortgaga default in any of the coveoaots or ag~eements contained 6ereia, or in said note, then ~ the modgagee may perform the same, and all e:penditmes (inclnding reasonable attaaey's fees) made by the ! mortgagee in so doing shall draw interest at tbe rate s~t fath in tLe nate secnred 6ereby, and shall be repayable ~ immediately and withont demand by the mortpga~ to tbe matgagee, and. together with iuterest and costs accruing thereon, shall be secorei hy this mortg~ge. i 13. that the mailing~of a written ndice or demandaddressed to the awcer of recocd of the mortgaged premises. ; or directed to the said oqvaer at the last address artnally faraished to t6e ~atgagee, or directed to said o~vner at said modgaged premises, and mailed by t6e United States aails, sLaU be sutficient aotice and demand in any case arising under this instrument and required by t6e pcavisions hereof oc by law. 14. The modgagor covenants and ag~e~ t6at so lc~g as this matgsge aod tbe said note secured hereby are insured under the provisions oE the Natiooal Hasiog Act, be wiU aot e:ecute a#ile fa record any instrument which imposes a restriction upon the sale oc accnpancy of tbe roo~tgpged pcopedy oa the basis of race, cola, or creed. Upon any violation of tbis undertalcing, the oatgagee may, at its option, declare the unpaid balance oE the ~ debt secured hereby immediately dne and peyable. ~ 15. The modgagor ftuther covenants tbat sbould qq;g~ge aad the nde sec~ued hereby not be eligible ~ for insurance under the Natiooal Housing Act within 3~~AY~ from the date hered (writte~ statement ~ of any officer of the Depadoeat d Housing aod Urban Developvent or aothocized agent af the Secretary of Hous- ' ing and Urban Developmeat dated snbseqnent to tbe ~ AY$ time Erom t6e date of this modgage, ~ declining to insure said note and t6is ~o~tg,ege, being ~cauclnsive proof d snch ineligibility), the modga- f gee or the holdes of the note may, at its optian, declare all s~s aecared 6ereby i~oediately dne and payeble. i The coveaaats hereia contained s6a11 bisd, and tLe benefits aad adva~ages shall innre to, the respective ~ heirs, executors, administratas, snccessas, ~d essips d the p~ties hereto. ~henevet used, t6e singular num- ~ ber shall inclode the plural, the plaral tbe singnlac. aad tLe ~e d euy geakr shall include all genders. ~ a~K 169 P~ 1846 . ~ ~ . ~ ,