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HomeMy WebLinkAbout0472 . I ~ ~ :Y~ ~ • . `t . .j ~ . • ! 5, Tbat he will permit, commit, oc suffet no waste, impairment, or deteriaation oE said propetty o~ any pad thereof; and in the event of the fallure ot the a?o~tgagor to keep the buildiags on said premises aod ihose tobe erected on said premises. or impcovemeats thereon. ia good repair, the modgagee may make such repairs as In its discretloa it may deem necessery foc the proper presecvatio~ theceof~ and the full amount of each ead every such payment shall be ima~ediately due aad peyable, and shall be secured by the liea of this mo~tgage. 6. That he wlll psy all and singular the coats. charges, and expenses, includi~g reasonable lawyer's fees, and costa of abstcact~ of title, incurred oc paid at any time bythe moctgagee because of the failure on the part oE the moctgagor promptly and fully to perfam the agrcements and coveaants of said promissory note and this moct- gage. and said costs, charges. and expenses shall be immediately due and payable end shall be secu~ed by the lien cf this mortgage. 7. That he will keep the ia?provemeats aow existing oc hereafter erected on the moKgaged pcopeety, insured as may be cequired from time to time by the matgagee egainst'loss by fire and other heaards, casualties. and contin- ge~cies in such amounts and for such periods as may be required by moctgagee~ aad aill pay promptly, when due~ any preauums on such insurance Eot payment of which pwvision has not been made heceinbefore. All insurance shall be canied in companies approved by moctgagee and the policies and renewals thereof shall be held by mort- gagee and have attached thereto loss payable clauses in favor of aad in form acceptable to the mortgagee. In event of loss he will give immediate notice by mail to moctgagee. and mortgagee may ~nake proof of loss if not made promptly by mortgagor. and each insurance company concerned is hereby aulharized and directed to make payme~t for such loss directly to modgagee instead of to mortgagar a~d mo~tgagee jointly, aad the insurance prw ceeds, or any part thereof, may be applied by mortgagee et its option either to the reduction of the indebtedness hereby secuced or to the resto:ation or repair of the propedy damaged. In event of foreclosure of fhis mortgage or other transfer of title to the mortgaged pcopedy in extinguishment of the indebtedness secured hereby. all right. title. ertd interest of the mortgaga in artd 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 mottgage. apply to the court having jurisdir- tion thereaf fa the appointment of a ceceiver. and such court shall forthwith appoint a receiver of the premises covered hereby sil end singular. inciuding all and singula~ the incorae. proEits. issues, and reveaues from whatever sonrce derived, each and every of which, it being expressly understood, is hereby modgaged as if specifically set Eorth and described in the granting and habendum clauses hereoE, and such receiver shall have all the btoad and effective fu~ctions and powers in anywise entrusted by a court to a receiver, and such appointment shall be made by such coud as an admitted equity and a matter of absolute right to said mortgagee. and withont reference to the adequacy or inadeqnacy of the valae of !he property mortgaged or to the solvency or insolvency of said modgagor or the defendents, and that such rents, proEits, income. issues. and revenues shall be applied by such receiyer according to the lien of this modgage aad the practice of such court. In the event of any default on the pad of the modgagor hereunder, the mortgagor agrees to pay to the mortgagee on demand as a reasonable monthly rental for the premises an araaunt~~i?t let~t~e~uivalent to one-twelfth (1/12) of the aggregate of the twelve monthlyinstall- ments payable in the then current'y~ar plus the actual amount of the•annual taxes, assessments, water rates. and insarance premiums for such year not covered by the aforesaid monthly payments. 9. That (a) in the event of any breach of this modgage or default on the pad of the modgagor, or (6) in the event that any of said sums of money herein referred to be not promptty and fully paid without demand or notice. or (e) in the event that each and every the stipalations~ agreements. conditions, and covenants of sai~ note and this mortgage, ere not duly, promptly. and fuily performed; then in either or any sach event~ the said aggregate sum mentioeed in said note then cemaining unpaid, with interest accrued to that time, and all moneys secured heceby, shall becotae due and payable forthwith, or thereafter, at the option of said mortgagee, as fully and com- ptetely as if all of the said su~ns of money were originally stipulated to be paid on such day, anything i~ said note a ia this mortgage to tbe contrary notwith .tanding; and theceupon or thereaEter, at the option of said matga- ' 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 i~stitution. The mo~g,agee_may foceclose this modgage~ as to the amount so declared due and payable, and the said premises shel2 be sold to satisfy and pay the same together with costs, expenses,and allow- aaces. In case of partial foreclosure of this mortgage, the mortgaged premises shall ~e sold subject to the con- tinuing lien of this modgage for the amount of the debt not then due aad unpaid. In such case the provisions of this paragraph may again be availed of thereaEter from time to time by the mwtgagee. 10. That the mortgagot 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 hereoE or of the ~ote secured hereby. 12. That if the modgagor default in any of the covenants oc agreeo~ents contained herein, or in seid note, then the mortgagee mey pedorm the same, and all expenditures (including reasonabte attaney's fees) made by the mortgagee in so doing shall draw interest at the rate set forth in the note secnced hereby, and shall be repayable immediately and without demand by the modgagar to the modgagee, aad, together with interest and costs accruing thereon. shall be secured hy this modgage. 13. t4~at the mailing of a written notice ac demandaddressed to the owner of record of the mortgaged premises, oc directed to the said owner at the last address actual[y furnished to the modg,agee, 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 heceof ~ by law. 14. The mortgagoc covenants and agreea thet so long as this moctgage snd the said note secured hereby are inaured under the provisions of the Nationa! Honsing Act, he will not ezecute or Eile for cecord any instrument which impoees e restriction upon the sale or occupancy of the modgaged propedy on the basis of race, coior, or creed. Upon eny viotation of this undeneking, the mortg,agee aiay, at its option, declare the unPaid balance of the debt secured hereby immediately due and p~yable. 15. 'I'he mortgagor further coveaants that should this moctgage and the note secured hereby not be eligible for insurance under the Nutioaal Housing Act within T~y Ua}-s from the date hereof (wiitten statement of any otficec oE the Departaient of Housing and Ucdaa Deve~opment or suthorized egent of the Secretary of Hous- ing and Urban Development dated subsequent to the Z'~y Uay^s time from the date of tfeis mortgage, decliaing to insure said eote ard this mortgege, being deemed cenclusive proof d such ineligibility), tlre mortga- gee a the holder af the note may. at its option, declare all sua~s secured hereby ima~ediately due and payable. The covenants hereie contained shall biad, and the bene[its and advaetages shell iaure to, the reapective heirs. esecutors, administratas. successors. end asaig~s d the p~dies 6ereto. R6enevcr used, the singular num- ber shall include the plural, the plucat the singnlar, and tbe use of any gender ahalt include al! genders. a~172 ~E 471 ~i72 ~ 2~39 ~ ~ ~ ~ ~ x.. _ - - - M~~- n : ~:4_ ~ ~ u i. ~c ~ ~ o-3-,a;-`