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HomeMy WebLinkAbout2137 f , S, That he will permit. commit. ot suf[e~ no waste~ impairme~t. or deterioration of said pcopecty ot an~ pad thereof; aad in the event of the tailure ot the mortgagor to keep the buildings on said prenises and those tobe ecected on said p~emises, o~ improvements thereo~, in good repair. the moKgagee may make such repeirs as in its discretion it may deem necessary fo~ the proper pcesecvatio~ the~eot. and the full amount of each and every such payment shall be immediately due and payable. and shall be secured by the lien oE ihis mo~tgage. b. That he wlll pay all and singular the costs. cha~ges. and expenses. including reaso~able lawyer's [ees. and costs of abstracts of title. incuaed oc paid at any time bythe ma~tgagee because of the failure on the part of the mortgagor promptly and [ully to perfam the agreements and covenants of said promissory note and this mott- gage, and said costs. charges. and expenses shall be iromedistely due a~d payable and shall be sece~red by the lie~ of this mortgage. . 7. That he will keep the improvements noa existing or heceaEter erected on the modgaged property. insured as may be required from time to time by the mortgagee ag~ inst loss by fi~e and other hazards. casualties. and contin- gencies in such amounts and for such periods a~ may be required by mortgagee, and will pay promptly. when due. any premiu~ns on such iasurance for payment of which provision has not been made hereinbefore. All i~surance shall be carcied in companies approved by mortgagee and the policies and renewals thereof shall be held by mat- gagee and have attached theceto loss payable clauses in fava of and in form acceptable to the morcgagee. In event of loss he will give immediate notice by mail to mocigagee. and mo~tgagee may make proof of loss if not made promptly by moctgager. and each insurance coa:pany concerned is hereby authoriaed and directed to make payment for such lass di~ectiy to modgagee instead of to mortgago~ and mortgagee jointly. and the insurance pro- ceeds. or any part thereof. may be applied by mortgagee at its option either to the reduction of the indebtedness hereby secured or to the ~estoration or repair of the property damaged. In event of toreclosure of this mortgage or other transfer of title to the mortgaged pcoperty in exti~guishment of the i~debtedness secured hereby. all right. title, and interest of the mortgaga in and to any insurance policies then in force shall pass to the purchaser or grantee. 8. That the mortgagee may. at any time pending a suit upw~ this mortgage, apply to the court having jurisdic- tion thereof Eor the appointment of a receiver, a~d such coud shall forthwith appoint a receiver of the pcemises covered hereby all and singular, including all and singular the income. profits. issues, and revenues from whatever sou~ce derived, each and every of which. it being expressly understood. is hereby mortgaged as if speciEically set forth and described in the g~anting a~d habendum clauses hereof. and such receiver shall have all the broad an~ effective functions and powers in anywise entrusted by a court to a receiver. and such appointment shall be made by such court as an admitted equity and a matter of absalute right to said mo~tgagee. and without reference to the adequacy oc inadequacy of the value of the property mortgaged or to the solvency or insolvency of said mortgagor or the defendents. and that such rents, profits. income. issues. and reveaues shall be applied by such receiver according to the lien of this mortgage and the practice of such court. In the event of any default on the part of tae mortgagor hereunder. the mortgagor agrees to pay to the mortgagee on demand as a reasonable mo~thly~ rental for the premises an amount at least equivalent to one-twelfth (1/12) of the aggregate of the twelve monthly instal[- ments payable in the then current yeac plus the actual amount of the annual taxes. assessments, water rates, and insurance premiums for such year not covered by the aforesaid monthly payments. 9. That fal ~n the event of any breach oE this mortgage or default on the part of the mortgagor, or (6) in the event that any of said sums of money herein referred to be not promptly and fully paid without demand or notice, or (r) in the event that each and every the stipulations, agreements. conditions. and covenants oE said note and " this mortgage. are not duly. promptly, and fully performed; then in either or any such event, the said aggregate sum mentioned in said note then remaining unpaid, with interest accrued to that time. and all moneys secured heceby. shall become due and payable forthwith, or thereafter. at the option of said ~ortgagee. as [ully and com- pletely as if all of the said sums of money were originally stipulated to be paid on such day, anything in said note or in this modgage to the contrary notwithstanding; and thereupon or therea[ter. at the option of said mortga- gee, without notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured hereby had matured prior to its institution. The mortgagee may foreclose this mortgage. 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 fore~icsure"oF this mortgage, the mortgaged p:emises shalt be sold subject to the con- tinuing lien of this mortgage for the amount of the debt not then due and unpaid. In snch case the provisions of this paragraph may again be availed of thereafter f~om time to time by the morigagee. 10. That the mortgagor will give immediate notice by mail to the mortgagee of any conveyance, transfer, or change of ownership of the premises. 11. That no waiver of any covenant herein or o[ the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereof or of the note secuced hereby. 12. That if the mortgagor default in any of the covenants or agreements contained herein. or in said note, then the mortgagee may perform the same, and all expenditures (including reasonable attorney's fees) made by the mortgagee in so doing shall draw interest at the rate set forth in the note secured hereby, and shall be repayable immediately and without demand by the mortgagor to the modgagee, and, together with interest and costs accruing thereon, shall be secured by this mortgage. 13. that the mailing of a written notice or demandaddressed to the owner of recatd of the mortgaged premises, or directed to the said owner at the last address actually fucnis:~ed to the mortgagee, or directed to said ovrner at said mortgaged premises, and mailed by the United States mails, shall be sufficient notice and demand in any case arising under this instrument and requiced by the provisions hereof or by law. 14. The mortgagor covenants and agtees that so long as this mortgage and the said note secured liereby are insured under the provisions of the National Housing Act. he will not execute or file Eor record any instrument which imposes a restriction upon the sale or occupancy of the mortgaged property on the basis of race, color, or creed. Upon any violation of this undertaking, the mortgagee nsay, at its option, declare the unpaid balance of the debt secured hereby immediately due and payable. 15. The mortgagor further covenants that should this mortgage and the note secured hereby not be eligible for insurance under the National Housing Act within 30 DAYS [rom the date hereof (written statement of any officer of the Department of Housing and Urban Development or authorized agent of the Secretary o( Ifious- ing and Urban Development dated subsequent to the 30 DAYS time from the date of t!~is moctgage, declining to insure said note and this mortgage, being deem?d conclusive proof of such ineligibility), the mortga- gee or the holder of the note may, at its option, declare all sums secured hereby immediately due and payeble. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administwtors, successors, and assigns of the parties heceto. Whenever used, the singular num- ber shall include the plural. the plural the singular, and the use of any gender shall include all genders. 80~1f ~AL[ ~~~V