Loading...
HomeMy WebLinkAbout2031 the cleficie~cy. tiuch u~~~ieut shxil i~~ade withii~ thirty (3U) du~s after written notic~ fc~o~n the ~iortga~ee steting the ainount o~t~ie deficienc~•, Nhicl~ nouce inay be give~ by u~ail. It ut nny lime the ~torlgu~or sl~a~l tender to the \lort~nK~e in ureonixnce wiih the pmvi~ona of the i?ote securcri t~ereby, futl payment of the entire indebteduess rcprrscntecl thereb~•, ttu+ \tortK~cw Hs trustco sl~kll, in co:~~puun~ iha aenounl, o[ surh iadebit~l~less, ~reclit to the account o[ Hie \iort~*x~or any c?~iit balNnce reuu?iain~t u~der the pmvisious ; of (a) ot said pan? rupl~ 2, lf there sl?all be a defaufit under any of the pro~isiona of tlii~ mort~aga r~ulting ~ ~ in u ublic salP o~the preu~ises co~•ered I~eteby. or i[ the \iort~u~ee acqui~e9 the pt+operty otherwise aiter ~ defau~t~ the ~lortKa~ xs trustre+ she~U appl~, at tl~e time of !!~e con»u~~ncen~ent o~ such proceedinga or st ~ the time the property ~a otherw•ise acquitecl~ tha a~uount then remuining to credit of \1ort.gagor under (s) of paraRraph 2 prececiu~~ as e credit on tl~e i~terc~st e~ccured anJ unpaid and the bala~ce to the principal then remstning unpaid on sai~ note. 4. He will P~y ait tsxes. ~?e~ments. watee rates, a63 otLer ~overnmenW ot municipal a!u?r~es, fine~ or impoeitions~ for wbich p~roviaion bas not beeu made hereinbeiore, and in defsulti thereof the Mort~ee m~yY P~Y ~e aaaoe; and that Le will M~umPt~jr ddiver the o8'icial reoeipts L6ercfor to tde biartgegea b. He wrill permtt, oommit, or suBec no waste, impsirnuent, or det~eriorstion of eaid y exoept reasonsble wee?r and t,ear; and in the event of !he failure of the Mort~or to kp cep ~t6eb~uildl'n~gs n aai~ premises ~nd tLose to be e.rected on aaid premises~ or improvementa tbereon, in good repair. tl~e Mortgagee uyY mske suc6 repsirs as ia ita diecretion it may deem neoeeeary for the W'ePer P~eervation thereof, and the full amount of each and ewry such payment shall bs due and P4Y~~ ~Y ~ atter demsnd, and a6~U be eecured by tbe lien of thia mortg~e. a 8. He will psy e~tt und singular the oosts, cbsrges, and e:peaeea, Inctudiag reaeonable 4wy~er's fe~. and ooets af abetrdcts of title, iaaurnd or ps~d at any time by the Mortgegee bea?uee of the failure on the Ex?rt of the 111ortgagor P~'omP~Y snd t~ t~o perform the agreements and oovenanta of eaid promiaeory note and thia moc~ga~, aad aaid ~r6~, shall be immediately due and paysbie snd ahaU be eecured by the lien of tLsa mortgage, 7. Ha will oontinuowe~j maint~in Lasard ivsuranoe, ot such type or Lypes snd smounte as Mortgagee ma fmm t,ime to time require, on the impruvements no~v or Lereafter on said premises and except when paymen~ tor all auch premiums haa theretofore been made uader (s of pe?rsgrapL 2 hereof ~he will pay promptly when due any premiums therefor. All insuranoe ahall be carri~in oompwies spprove~ by 111o and the po4'- cies and renewala thereof shall be beld by Mortgagee and have attsched theteto laes psysble c suses in fsvor oi and in form acoeptsble to the Mortgagee. In event oi loas he will give immediate notice by msjl to Mortgagee, - •nd Mortgagee ms~ make proof oi loee if not made promptly by Mortgagor, snd ea~ch insw~ance oomp,uiy ouncerned is hereb ~ suthoriaed and directed to mske psyment for such loss directly to Mo~ee instead of to Mortg4gor and ~ortgagee 'ointty ~ aad the inauranae pmc~e~ec~e~ or any part thereof~ msy be app ed by 111ort,- ~a~gee at ite option either to ~e reduction oi the indebtedneea hereby secured or to t6e resbration or tvpsir oi the property dsma&ed. In event oi forecloaure of this mortgage or other tranafer of title to t6e mortgaged m atyp ~ tinguishment of the indebtedneea eecured hereby~ s~t right~ title~ and interes~ oi the Mortgagor y inseuance policies then in fone a6a11 pnsa b tha parcheser or grant~e. 8. He will not eaecute or file of record any instrument which impoees a restriction upon tbe sale or occu- psncy of the property described herein on the basis of race. color, or creed. 9. If the premises, or any part thereot, be condemned under the power of eminent domain~ or acquired for a p~iblie use~ the damnges aW ardecl~ t.he procceds for the taking oi, or the consideration for such acquisi- tion~ to tLc cxten~ of the full arnouat of the remsinit~g unpaid indebteclness secnred by thic mortgage, are hcreb~- aa-signe~d to the ;14ortgagce, and his heirs or ass~gns, and shall be paid forthwith to said Mortgegee or liis assigiiee to be applied on account of the last maturiag installments of such indebtnesa;provided~ how- ercr, tLe 1lortgagee or i~is assignee, ma~ at t~is discretion pay direct to the Mortgagor, his heirs or assigns ~ an~• part or sl) oI sucL award; provided, that if the losn is guaranteed or insured, the consent of the guaran- tor or insurer is obtained in advance of said peyment. 10. The ~lortgagee cnay~ at anp time pending a a~it upon Wus morf,ga~e~ appiy to the oourt havin~ jurisdic- tion thereof for the appointment of s receiver, snd such court shsll fortfir~'nth appoint a receiver of the premises co~ered hereby all and suigular, includin~ all snd singulsr the income, profita, issues, and revenues [rom hat- ever source denved, each and every of w hich~ it being expressly unde~stood. is hereby mortgagecl e~s if speci&callv set forth and descnbed in the granting and hsbendum clauses hereof. Such appointment shall be made by such court ss an admitted equitv and a matter of absolute right to said ~tortgagee, and without reference to Lhe sdequacy or inadequacy of the value of the property mortqaged or to the solvency or insol~ ency of ssid 111ortgagor or the defendants. Such rents, pro&ts, income. issues, and revenues shall be appl:sd b~ such receiver according tu the lien of this mortgage and the practice of such court. In the event of aay defsult on the part of the lfortgagor hereunder, the \lortgagor agrees to psy to the ~tortgagee on demand as s reasonable monthlv rentsl !or the premises an amount at least equ~valent to one-twelfth of theaggregate of the twelve monthlv installments pay able in the then current year plus the actual amount of the snnual taaes, assessments, water rates, and insurance premiums for such year not c~overed by the aforesaid monthly paymentn. 11. In the event of any breach of this mortgage or default on the patt of tLe Mortgagor, or in the event that any of said sums oi money herein referred to be not promptly and fully paid eccording tv the tenor hereof. or ut the event thst each and every the stipulstiona, agreements~ conditiuna, and covenents of seid note and this mortgage~ are not duly, promptly, and fully performed or if the 1?tortgagor be adjudicated bankrupt or made defendant in a bankruptcy or receivecshi~ proceedinga; then in either or any such event~ the said eggre- gate sum mentioned in said note then remainu?g unpaid, v~nth interest accrued to thst time. snd ell money secured hereby, ahall become due and payable forthwith, or thereafter~ at the option of said ifortgagee, as fully and completely as if al! the said sums of money were originelly stipulated to be paid on such dav, an~ - thing in said note or in this mortpage to the contrar~? notwithstanding; and thereupon or thereniter, at the option of said 111ortga~ee~ without not~ce or demsnd, suit at isw or in equity~ mav be prosecuted as if all mone~s secnred hereby had matured prior to ita institution. The 1liortgagee may foreclose this mortgage~ as to tf~e amount so declared due and payable, snd t6e ssid premisea ahall be sold to satisfy snd pay the same together with costs, expenses, and allowances. In case of partial foreclosure of this mortgage, the mortgegecl prnmises ahall be sold subject to the continuing [ien of this mortgape f~r t,he smount of the debt not thea dae and unpnid. In such case the provisions of this pitragraph may again be avuiled of thereatter lrom time to time by the Mortgagee. ' 12. No asiver of aay covenant herein or of the obligstion secured hereby shall at any time tliercatter be - held to be a waiver of the terms Lereof or of the note secured heteby. ~ 13. The lien of this instrument shall remein in full force and effect during any postponement or ~~stension ~ of the time of payment ot the indebtedness or -sny part thereof secured hereby. ~ l4. This mortgage ia given to secure the purchsse money, or a psrt thereof ~ of the lands herein described and ia eaecuted and delivered contemporaneously with the deed therefor. 15. If the biortgagor default in any of the covenants or agreementa contained herein, or in said note~ then ~ the Mortga~ee may pertorm the same, and al! ea~penditures rncluding rnasonable ~ttorney's fees) made by the ` 1lSortgagee ~n so doin ahaU draw interest at the rate provided for ~n t,he principal indebtedness, nnd sl~all be ~ repay sble thirty (30) ~ays atter demand, and, toget~her with interest snd costs acerued thercon, shell be secured ~ by tLia mortgsge. l"'~ 16. Upon the request of the 14fortgagee the Mortgag~or shall execute and deliver a sapplement,~l note or notea for the sum or aums advanced by the Iliortgagee for the atteration, modernizstion~ improvement, msin- ~ a, teaanue, or repair of said premises, for taxea or asse~sinents againat the same and tor any other purpose autlior- ized hereunder. Said note or notes a6sU be secured hereby on s parity with end as tully as if tlie adrence evidenced thereby were included in the note fuet deecribed above. Said supplemental note or notes shsll bear