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Home My WebLink About0575 . ~ ~ ' . } 5. That he will permit. commit, or suffer no waste. impairment, or deterioration oE said property or any part thereof; and in the event of the Eailure of the mortgagor to keep the buildings on said pcemises and those tobe erected on said premises. or improvements thereon. i~ good repair. the mortgagee may make such repairs as in its discretion it may deem necessary for the proper presecvation thereof. and the full amount of each and every such ~ payment shall be immediately due and payable. and shall be secured by the lien of this moctgage. ~ 6. That he will pay all and singulat the costs. charges, and expe~ses, including reasonable lawyer's [ees. ~ and costs of abstracts of title, incurred or paid at any time by the mortgagee because of the failure on the part of the mortgagor promptly and tully to perform the agreements and covenants of said promissory note a~d this mort- gage. and said costs, charges, and expenses shall be immediately due and peyable and shall be secured by the lien of this mortgage. 7. That he will keep the improvements now existing or hereafter ecected on the mortgaged property. insured as may be required from time to time by the mortgagee against loss by fire and other hazards, casualties. and contin- gencies in such amounts and for such periods as may be required by mortgagee. and will pay promptly, when due, any premiums on such i~surance for payment of which provision has not been made hereinbefore. All insurance shall be carried in companies approved by mortgagee and the policies and renewals thereof shall be held by mort- gagee and have attached thereto loss payable clauses in favor of and in form acceptable to the mortgagee. In ~ event of loss he will give immediate notice by mail to mortgagee. and mortgagee may make proof of loss if not me3e promptly by mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to mortgagee instead of to moctgagor 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 restoration or repair of the property damaged. In event of foreclosure oE this mortgage or other trans[ec of title to the mortgaged property in extinguishment of the indebtedness secured hereby. all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. 8. That the modgagee may, at any time pending a suit upon this mortgage. apply to the court having jurisdic- tion thereof for the appointment of a receiver. and such court shall forthwith appoint a receiver of the premises covered hereby all and singular, including all and singular the income, profits, issues. and revenues from whatever source derived, each and every oE which, it being expressly understood, is hereby mortgaged as if specificallp set forth and described in the granting and habpndum clauses hereof, and such receiver shall have all the broad an~ effective functions and powers in anywise ent~usted by a court to a receiver. and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said mortgagee, and without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency oc insolvency of said mortgagor or the defendents, and that such rents, profits, income, issues, and revenues shall be applied by such receiver according to the lien of this mortgage and the practice of such coud. In the event of any default on the part of the i mortgagor hereunder, the mortgagot agrees to pay to the mortgagee on demand as a reasonable monthly rental for the premises an amount at least equivalent to one-twelfth (1/12) of the aggregate of the twelve monthly install- ' ments payable in the then current year plus the actual amount of the annual taxes. assessments, water rates, and ' insurance premiums for such year not covered by the aforesaid monthiy payments. 9. That (a) in the event of any breach of this mortgage or default on the pad of the modgagor, or (b) in the event that any oE said sums of money herein referred to be not promptly and fully paid without demand or notice, or (c) in the event that each and every the stipulations, agreements, conditions, and covenants of 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 ~ hereby, shall become due and payable forthwith, or thereafter, at the option of said mortgagee, as fully and com- pletely as if all of the said sums of~ money were originally stipulated to be paid on such day, anything in said i note or in this modgage to the contrary notwithstanding; and thereupon or thereafter, at the option of said mortga- ; gee, without notice or demand, suit at law or in equity, may be prosecuted as iE all moneys secured hereby had ~ matured prior to its institution. The mortgagee may foreclose this mortgage. as to the amount so declared due and : E payable, and the said premises shall be sold to satisfy and pay the same together with costs, expenses,and allow- ; ances. In case oE partial foreclosure of this mortgage, the modgaged premises shall be sold subject to the con- f tinuing lien of this mortgage for the amount of the debt not then due and unpaid. In such case the provisions of ~ this paragraph may again be avaited of thereafter from time to time by the mortgagee. 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 of the obligation secured hereby shall at any time thereafter be ~ held to be a waiver of the terms hereof or of the note secured 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 repayabie E immediately and without demand by the mortgagor to the mortgagee, and, together with interest and costs accruing i thereon, shall be secured by this mortgage. ~ 13. that the mailing of a written notice or demandaddtessed to the owner of record of the mortgaged premises, : or directed to the said owner at the last address actually fnrnis:~ed to the modgagee, or directed to said owner at ~ ~ said modgaged premises, and mailed by the United States mails, shall be sufficient notice and demand in any ~ case arising under this instrument and required by the provisions hereof or by law. i ; 14. The mortgagor covenants and agrees that so long as this mortgage and the said note secured I~ereby are ? 2 insured under the provisions of the National Housing Act, he will not execute or file for 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 undert~king. the mortgagee may, at its option, declare the unpaid balance of the i 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 from the date hereof (written statement ~ of any officer of the Department of Housing and Urban Development or authorized agent of the Secretary of Hous- ~ 3 ing and Urban Development dated subsequent to the 30 DAYS time from the date of this mortgage, ~ 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 payable. ~ The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular num- ber shall include the plural, the plural the singular, and the use of any gender shall include all genders. j ; i ~ g~K 170 ~,~E 573 G _ , ~ . , ~ . ~ ~x . r~ .r