HomeMy WebLinkAbout1033 the deficiency. 5uch paynient shall be ~nade wilhin thirty (30) de~ys aiter written notice from the ~iortgagee ;
atating the smount of the deficiency, which ;potice uie?y be g~ivea by mai~. It at nny time the vfortgagor
aha~l tender to the ~iort~agee in accordance with the prnviatona ot the r,ote secured hereby~ full payment
oI the entire indebtednese represented tl~creby, the ~sortgagee aa trustee ahall, in oomputing the amount of
such indebtedness, credit to the acco~nt o[ the :~iort~agor any credit balance remnini~g under the provieioae
of (a) ot eaid paragraph 2. If there a}~all be a defsult under any of the pmviaiona of this mortgege resultiag
in a public sale of the premises rn~•ereci hereby, or if the :4fortgagee acquiree the property otherwiae stter
ea
delault, the ~1ortRagee as truetee ahall apply~ at the time oi che commencement ot auch proceedings or et
the time the property is otherw•ise acquired, the amount then remaining to credit of ~fortgagor under (s) of
pata~raph 2 preceding as a creclit ort the intereat accured and unpaid and the balatice tu the priacipal then
remauting nnpaid on aaid nc?te.
4. He wlll p~y a11 tasee, aeeeee~enta, wstee sates, and otLe~ aoverameata! or munidpsl char8ee. Ba~e~,. or
impoeitions, for whieh provision hse not been made hereinbefore~ i?nd ia detsult thereot tbe Mottgagee m~,Y P~U? ~e
~~me; and thut he ~ill prompW,y deliver the o8'icial reoeipb theretor to t6e Mortgagee,
6. He will perani~, oommiL, or suffer no waste, impaiimest, or deterior~?tion of eaid property o~any thereot
euoept reasow?ble wear and teat• und in the avant ot the failure of the Mort$gar to keep ths build
n~~e on eai~
p~+emieee and thase to be erecte~ on esid p~niee~, or impr~vementa thereon, in Sood rePair the Mortgagee any?
make sueh repairs as ia it~s dLeoreUoa it m4Y deem neoeeeary for fhe proper preserv~?tton t!?ee+eo~
of e~ah and every suah p,yment shall bs dus and P~3n~bb t,6ic~Y (30) d~y~ dter demand, and ~all bs ~ecu
ed by
l~Le liea of tWs mort~e.
d. He wW p~,y all ~ad ~ingular t~he ooet+, aad eapease~, including rsasoasbk Lwyer'a feee, and oosv
ot abstrscb of title, inourred os paid ~t aay ~ims
~~~ortg~gee because of tbe failure oa the part oi t,~ Mort~~
pcompt~? and ful~r to perform the agroemente and eovensnts o~f said promieeory note aad this mo gage d~aid
~dr6~, ~d ~Penses sball be immedlately dus and p~y~bb aad eball bs eeoue+ed by tLe lIen of
this 'm~
rt;a~e,
He will oontiauoua~jr maintain Lwrd insur~noe, oi such ~ype or t~pes and amounte as Mortgagee ma
from time to time requir~s, on the impraveraents now or hereaiter on said pruniees and except when paymenE
tor all such premiume has theretofore been made under (a oi p~ragrs~h 8 hereof ~e will P~Y Pmmptly when
due ~?ny preminms theretor. All inaura~~a ahall be car~in c~ompanies apprave~ by 11i and the poli.
0
~ies and renewats thereof ehall be Letd by Mortgagee aad hava sttached thereto loes payable uaes in isvor oi
aad in form acceptsble to t~e Mort~~~ In event oi loes he aill give immediste notioe by mail to Mortgagee,
and Mortgagee msy mske proof o3 toes L~ot made prompt~y by Mortga~or~ and each insuranoe comp~qy
oonoerned is hereby~authori~d and directed to mska payment for euch loas directiy to Mortg~ee inst~ead oi
to Mortgag~or and Mortgagee 'oia~,~y
, and the inae~raaoe P~, w' ~?RY P~ ~e~of msy be ~ppZied by I~iort-
g~gee st ita option either to ~e reduction of the ~indebtedaees hereby eecured or to t'he restorstioa or repair oi
the pmperty dama~ed In evenL of foreclosure of this mortgage or other t~ransfer of title to the mortgaged
p~operty in eztingwshment of the indebtednees eecured hereby, s~ right, title~ and interest oi tbe Mortg~g~or
3n and to aqy ineurance policiea than in torce ehall pass to the pnrcbaser or gnwtee.
8. He will not ezecute or file of record sny ~strvment which imposea s restriction upon the sale or occu-
psncy of the pmperty described herein on the baeie of rnce, color~ or creed.
9. If the premises, or any part thereof, be condemned under the power of eminent domsin, or acquired
for a public use, the damages awarded, the proceeds for the taking of, or the consideration for such aoquisi-
tion~ to the e~tent of the full amount of the remaining unpaid indebtedness secured by Lhis mort~age, are
hereb~- assigned to the Mortgagee, and his heir9 or assigns, and s6all be paid forthwith to said Mort~agee
or his assig ~nee to be applied on account of the last matunng installments of euch indebtnese; provided~~ow-
erer, the Mortgagee or his assignee, may at his discretion pay direct to the Mortgagor, hia heita or assigns
an3- part or all of such award; provided, that if Lhe loan ia guar8nt,eed or insured, the consent of the gvaran-
tor or inaurer is obtsined in advance of saidpa
yment.
10. The ~iortgagee may, at sny time ~ending a suit upon this mortga~e, spply to the court hsving j~irisdic-
tion thereof for the ap intment of a rece~ver, and such court s6all fortfiwith appoiat s receiver of the premises
w
eovered hereby al! an singular, includin~ all and singular the income, profits, ~ssues, and revenues from «hat-
ever source denved, each and every of which it being expresaly understood, is hereby mor~gaged as if specifically
set forth end described in the granting an~ hsbendum clauses hereof. Such eppointment shall be made by
auch court as an admitted equity and a matter of absolute right to said :liortgagee, aad without reference to
the adequacy or inadequacy oi the value of the property mortgaged or to the solvency or insohency of ssid
I11ortgagor or the detendants. Such rents, profita, income~ iasues, and revenues ahall be applied bv such receiver
according to the lien of thia mortgage and the practice of such court. In the event of sny default on the part
of the hiortgagor hereunder, the ~fortgagor a~reea to pay to the ~iortgagee on demand as a reasonable monthlv
rental for the premisea sn amount at least equivalent to one-twelith (~f of theaggtegate of the twelve monthly
instaliments payeble in the then current year plua the actual amount ot the annual taces~ assesamenta, water
rates, and insurance premiums for such year not covered by the afaresaid monthly psyments.
11. In the event of anp bresch of this mortgege or detault on the part of the Mortgagor, or in the event
Lhat any of said suma of money herein referred to be not promptly and fully paid accurding to the tenor hereof,
ar in the event thet eacL and every the stipulstions, agreementa conditiuns, and cavenants of said note snd
t6ia mortgage, are not duly, promptly, and fully pertormed or i~ the l~fortgagor be adjudicated bsnl:rupt or
made delendant in s bankruptcy or receiverahi~ proceedings; then in either or any such event, the said sggre-
gate sum mentioned in eaid note then remainutg unpaid, v~nth interest accrued to thst time, and all money
eecw~ed hereby ahall become due and peyable forthwith, or thereafter, at the option of said illortgagee, sa
fully and comp~etety as if aU the said sums of money were originslly atipulated to be paid on such day, anr-
thing in said nots or in this mort~sge to the contrar~? notwithatanding; and thereupon or theresfter, at the option
of aeid Tiortgagee, without notice or demand, auit at lsw or in equ~ty~ msv be prosecuted as if all moneva
eecured hereby hnd matured prior to its inatitution. The Mortgegee maq foreclose thia mortgage, as to tf~e
amount eo declsred due and pnyabte, and Lhe s~?id premises ahsllbe sold to eatisfy and psy the same together
with co~ta eupenses, and allowances. In case of partisl foreclosure ot this mortgage, the mortgaged prnmises
ehell be sof d subject to the continuing lien of this mortgs~e for tLe smount of the debt not then due and unpaid.
In such caee the provisions of this paragraph msp agun be svailed of thereafter from time to time by the
Mortgng~ee.
12. No wsiver of any covensnt hers:a or of the obligstioa eecured hereby shRil nt sny time thereaiter be
held to be s waiver of the terins hereoi or of tbe nots eecured Lereby.
l3. The liea of this instruraent ehall r~*nain in full force and eHect during any poatponement or extension
oi the time of payment of the indebtedneee or any part thereof seciued hereby.
14. Thie mort~age is given to secure the purchase money~ or a part thereof, of the lande herein described
and ia ezecuted and delivered contemporaneouely with the deed therefor. O
15. If the Mortgagor defsult in any of the covensnts or agreements contsined herein, or in said note, then ~
the Mortga~ee may.perform the same, snd all expenditures (inctuding resaonable attorney's fees) made by the ~
Mortg w so dom shall draw interest st the rate provided for in Lhe principal indebtedness, nnd al~all be
b Pt B~T~t
e(34) ~ays aiter demand, and, together with interest and costs accrued thereon, shall be secured ~
y ~ y
16. LTpon the request of the Mortgagee the Mortgsgor shall execute and deliver s supplementai note or ~
uotee for the sum or sums edvanced by the Mortgagee for the alteration, moderniza~ion, improvement, msin-
tenance, or repair of said premises, for taxes or asseeements against the seme and tor eny other purpose autlior-
ized hereunder. Said note or notes ahall be secured hereby on s parity with and as fully ae if the advance ,~Y
evidenced thereby were inciuded in the nc*e first de$cribed above. Said supplemental note or notes shall bear o$
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