HomeMy WebLinkAbout2058 the ileficiency. ~urh pa3~weut stisll b~ uisde within thicty (30) de~ys e[t~r written ~oticti+ (roin the ~fortgagee
stutiu~ tl~e einount o( tlie deficiency, which notice may be ~Civen by mad. li ut Nny tintA the \fortg,~o~
aha~l te~der 1o the ~loN~,~xKNC in ~?c~c~oniance N itb the pro~ isio~?s ot tl~e note securc~i hereby~ full payment
Qi the entira indebtMlnc~s repn~se~itecl tl~ercby, tbe ~lortgageo us !rustee shull, in eo~uputin~ the emount o[
such indebtedu~~ss. cre~lit to tt~e ac~bunt o~ tl,e ~1ortgx~or any credit balance rnm~?iniug under the pmvisiona
o[ (a) o( suicl parugrupl~ 2. It tl~ere sl~aU be n defuult under any o( the pro~ isioua o[ ttiis taortgn~e tesultinR
in a public sxle o[ the prn~uises co~•er~l l~ereby. or i! the ~lort~ee acqu~res tt~e property otherwise ~tter
IIPiRUIt, th~ ~lorigxkee us irustee sl~all apply~ e~t the ti~ue of the commcncenient of such proceedings or st
tl?e tin~t? the pmper~y ~4 otl~erNise accluired~ the amounl then remui~iing to crrdit ot \iortga~or under (a) of
paraKrupt? 2 preced~ng us N creclit on the interest uccured und unpaid snd the balance to the principxl then
remaming unpaid on said nate.
4. He wiq pny dl ta~ces, ~eeeeeoneats„ watae rstes, and olhar ~overnaneac,al ot municiPal ctu?rges, 6i?a~. us
impoaitions. for whic6 provision bae noi been made hereinbefore, and in def~?ult thereof the Mortgagee m+U? p?Y t~s
•me; and t6st 6s will Pz'omPt,~Y deliver t~s o~cial receipts t6erefor to the Mortgsg~ee.
b~. He will permit, oommit, or euBer no w~ste~ imp~icmeat, vr deterior~?tioa of aaid prope~y oraqp put thereof
escept reaeoaable ~ear snd t,ear; ~nd ia t6e ev.3nt oE the failure of the Morta,s~or to kecp the building,s on saic~
premieea and those to be erected on sdd p~emisea or improvements thereon, in good repair the Mortgagee msy
maloe such repairs as in its discretion it m~y deem aeoeaeary for the proper preeervation therea~, and the full amouat
ot each and every sueh psymeat shall bs due and P~Y~ ~Y ~ aftar demaad, and dWl be secured by
ths lien ot this mort~e.
6. He will pay all and sin~iL~r the oosfs, cLsrges, and expenees, ineludin~ reseonable lswycr'a fcee, and ooets
of abstracte of title, incu:red os paid st any time by tbe Mortgagee bec~uee of the failure on the part of the Murt~sgor
procnptly and i~y to perform t~ s~reementa and oovenaats of esid pmmieeory note and this mortgage~ end asid -
~~Te~, an~ e~~penees aball be imme~diatebr due and psyable and ehall be eecured by t6e lien of t6ia mortgage.
7. Iie will oontanuotu~y auintain has~rd i~~raacs, of suc6 tiype or types snd amounts as Mortgagee mt
trom tima to fime requirs, on the improvemoate now or hereaiter on said premises and except ~hen psyment
lor all such premiums has theretofore been made under (s of pangrsph 2 Lereof ~e will pay pmmptly when
due sny premiu~na therefor. All insuraaoe ehall be csrri~ia oompanies spprove~ by Iliortgaqee ssd the polr
cies and renewals thereof ahall be held by Mortgsgee and b~ve st.achod thereto loes psyable cfauses in fsvor of
. and in form aooeptsble to the Mortgagee. In even~ of loes he will give immediste notice by msil to Diortgagee~
aad Mortgagee msy make proof of loes if aot msda promptly by Mortgagor~ and each insunace oompany
ooncerned ia hereby~ tuthorized aad directed to make psyment for such losa directly to Mortgagee instead of
to Mortgagor and Mortgagee 'ointly , and the insuranoe proceeda, or any part thereof~ may be app7ied by 111ort-
~agee at ita opvan either to ~e reduction of We indebtednees hereby eecured or to the restora4on or repeir of
the property dsma~d. In event of foreclosure of this mortgage or other tranafer of title to the mortgaged
property in e~~ngu~hment of the iadebtedneee eecured hereby, a~l ry~ht, title, snd interesti of ti~e Mortgagor
m and to any ineurance policies then in foroe s6all pa~s to the purchaser or gr8atee.
8. He will not eaecute or file of reoord any instrument which imposes a restriction upon the sale or cecu-
p~ncy of the pmperty describe~ herein on the basia of rsce. oolor, or creed.
9. If the premises, or any part thereof, be condemned under the power of eminent domain, or aoquired
for a public use, thc damages awarded, the procceds for the taking of, or the consideration for such acquisi-
tion, to the extent of th~ full amount of the remaiaing unpaid indebtedness secured by this mortgage, are
hereb~• a.csigneci to tl~e D•lortgagee, and hia heirs or assigna, aad shall be paid forthwich to said Mortgagee
or his assignce to be applied on account of the last maturing installments of such indebtnesa;prnvided~ how-
e~ er, the Aiortgagee or liis assignee~ may at his discretion pay duect to the 1lrfortgagor, his heirs or assigns
an~ part or all of sucL award; prnvided, that if the loan is guaranteed or insured, the consent of the guaran-
tor or insurer is obtained in advance of eaid payment.
10. The Alortgagee may~ at anp time pending a suit upon this mor . spply to the oourt hnvin~ jurisciic-
tion thereof for the appointment ot a receiver, and such oourt s6e11 for ?vr~th appoint a receiver oi the pcemises
oovered hereby all and singular, includin~ all and singular the ~noome~ pmfita, issues~ and revenues from hat-
e~er source denved :each and every of wluch it being expresslp nderstood, is hereby mortgageci ~ if specifically
eet forth and descnbed in the granting an~ habendum clauses hereof. Such appointment shall be mede by
such caurt as an admitted equitp and a matter of absolute rig6t to ssid liortgagee~ and without reference to
the adequacy or inadequacy of the value of the property mortgaged or to the solvencp or insol~ ency of s,~id
Mortgagor or the defendants. Such rents, profits, mcome, issues, and revenues ahall be applied by such receiver
sccording to the lien of this mortgage and the practice of auch court. In the event of sny default on the part
of the ~lortgagor hereunder~ the ~fortgagor s&rees to pay to the :4iortgsgee on demand ss a reasonable monthlv
rental for the premises an amount at least eqwvalent to one-twelitL (Si:) of theaggregate of the twelve monthlv
installmeats pn} able in the then current year plus the actual smount of the annuat ta~es, assessrnents~ water
rates, and insurance premiums for such year not oovered by the aforesaid montWy payments.
1 l. In the event of any breach of thia mortgage or default on the part of the Mortgagor, or in the event
tbst any of said sums ot money herein refecred Lo be not promptly and fuUy paid according to the tenor hereot,
or in the event thst each and every the stipulstions, agreements, conditiuas, and covenants ot said note and
this mortgage. are not dulp, promptly, and fully performed or if the 111ortgsgor be adjudicated bankrupt or
msde defendant in a bankruptcp or rec;e~vershi~ proceedings; then in either or any such event, the said aggre-
gate sum mentioned in said note t,nen remain~ng unpaid~ with interest accrued to that time, and all money
secured hereby, shall become due and paysble forthwith~ or thereafter, at the option of said 1liortgagee, as
fully and completely as if alt the said suma of money were originally stipulated to be paid on such dav~ an~ -
thing in said note or in this mort~age to the contrar~r notwithstandiag; and thereupon or thereafter, nt the option
of said ~fortga~ee, w-ithout notice or demand, suit at law or in equ~ty~ may be prosecuted as if all mone~s
secureci hembv hnd matured priar to its institution. The Mortgagee may ~oreclose this mortgage, as to the
smount so declared due and paysble, and the seid premises shall be sold to satisfy and psy the same togPther
with costs, expenses, and allowsaces. In case oi partisl foreclosure of this mortgage, the raortgagcd prem~ses
shall be sold subject to the continuing lien of this mortgage fur the smount of thQ debt not then due and unpaid.
In su~h case the provisions of this paragraph msy agau~ be availed of thereatter from time to time by the
Mortgagee.
12. No wsiver of any covenant herein or of the obligstion aecured hereby sh~ll at eny time tlierea[ter ~.e
held to be a a ai~ er of the terms hereof or of tbe note aecured hereby.
13. The lien of this instrumeut ~hall remain in full force and etfect during eny postponement or estension
of the time of pay ment of the indebtedness or any part thereof secured hereby.
14. This mortgage is given to eecure the purchase money, or a part thereot, of the lands herein described
and is executcd and delivered contemporaneously with the deed therefor.
1 S. If the Mortgagor default in any of t,~:e oo~enants or agreements contained herein, or in said note~ then
the I1lortgagee mey per[orm the same, and all eapenditures ('u?cluding reasonable attornev's fees) made by the
~lortgagee m so dom shall drew interest at the rate provided for in the principa! indebtedness, nnd sl~wll be ~
repa3~able thirty (30) ~sy^s after demand, and, together with interest snd costs accrued thereon~ shall be secured ~
by this mortgage.
l6. Upon the request of the 1lfortgsgee the 1liortgsgor s6all e!cecute and deliver s supplementel note or ~
notes for the sum or sums advanced by the Mortgsgee for the alteration, modernization, improvement, main-'~
tenance, or repsir of said premises~ for taxes or sssessments agsinst the same and for any other purpose aut~or- ~
ized hereunder. Ssid note or notes ahall be secured hereby on a psrity with and as Eully as if tl~e ad~ance
eridenoed thereby were included in the note 6rat described sbove. Said supplementsl note or notes shall bear ~ao
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