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HomeMy WebLinkAbout0366 c . ~ ~ t . E_-~ ~3 ~ t : 5. That he will permit. commit. ot suffer no waste, impairmeat~ or deterioration of said property or any pad theceof; and in the event of the feilure of the mortgagor to keep the buildi~gs on said premises aad those tobe erected on said premises. or improvements thereon. in good repair~ the mortgagee may make sucl~ repairs as in its discretion it may deem necessary for the proper pcesenration thereot. an~ the full amount of each and every such peyment shall be immediately due and psyable. and shall be secured by the lien of this mortgage. 6. That he will pay all end singuler the costs. charges, and expe~ses. including ceasonable lawyer's fees. and costs of ebstracts of title~ incurred or paid at any time by the modgagee because of the failure on the part of the mortgaga promptly and fully to pecform the agreements and covenants of said promissory note and this mott- gage. a~d said costs. cha~ges. and expenses shall be-immediately due and payable end shall be secured by the lien of this mortgage. 7. That he will keep the improvements now existing or 6ereafter erected on the mortgeged ptoperty~ insured as may be required Erom time to time by the mortgagee against loss by fice and other hezerds. 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 insura~ce for payment of which provision has not been made hereinbefore. All insusance shall be carried in companies approved by`mortgagee and the policies and renewals thereof shall be held by mort- gagee and have attached theceto loss payeble clauses in favor of and in form acceptable to the mortgagee. In event of loss he will give immediate notice by mail to modgagee. and mortgagee may make ptoof of loss if not made promptly by mortgagor. and each insurance company concemed is hereby suthorized and directed to make peyment for such loss dicectly to mo~tgagee instead of to mortgagor and mortgagee jointly, and the insurance prw 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 oc repair of the property damaged. In event of foreclosure of this mortgage or other transfer of title to the modgaged propedy in extinguishment of the indebtedness secured bereby. 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 modgagee may. at any time pending a suit upon this mortgage, apply to the court having jurisdic- tion thereof for the appointmeat of a receiver. and such coud shall forthwith appoiat a receiver of the premises coveced hereby all and singular. including all and singular the income, profits, issues. and revenues from whatever source derived. each and every of which, it being expressly understoocl, is.hereby a?odgaged as if specifically set fodh and described in the granting and habendum clauses hereof. ah~ such receivet shall have all the broad and effective functions and powers in anywise entrusted by a court to a receivec. aad such appointment shall be made by such coud 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 or 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 coutt. In the event of any deEault on the pad of the mortgagor hereunder. the matgagor agcees 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 monthly payments. 9. That (a1 in the event of any breach of this mortgage or default on the part of the modgagor~ or (6) in the event that eny of said sums o[ money hetein referred to be not promptly and fully paid witho6t demand or notice, or (c) in the event that each and every the stipulations. agreements, conditions, and covenants of said note and this modgage, 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 maitgagee, as fully and com- 'i pletely as if all of the said sums of money were originally stipulated to be ~aid on such dey, anything in said : note or in this modgage to the contrary notwithstanding; and thereupon or thereafter~ at the option of said mortga- j gee, without notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured hereby had f matured prior to its institution. The mortgagee may foreclose this mortgage, as to the emount so declared due and ` ~ payable, and the said premises shall be sold to satisfy and pey the same together witb costs, expenses,and allow- ances. In case of partial foreclosure of this mortgage, the mortgaged premises shell 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 thereaEter from time to time by the mortgagee. 10. That the mortgagor will give immediate notice by mail to the mortgagee oE aay conveyance, Uansfer, or ciiange of ownership of the premises. 11. That rto 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 hered 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 pedorm the samg, and all expenditures (including reasonable attaney's fees) made by the mortgagee in so doing shall draw interest at the rate set focth in the note secured hereby, and shali be repayable immediately and without demand by the modgagor to the mortgagee, and~ together with interest aad costs accruing thereon, shall be secured by this modgage. . 13. that the mailing of a written notice a demandaddressed to the owner of record of the mortgaged premises, or directed to the said owner at the last address actually f~rnished to the modgagee, ot dicected to said owner 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 required by the provisions hereof or by law. ~ 14: The mortgagor covenants and agrees that sp long as this mortgag~e and the_said note secured hereby are 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 propedy on the basis of race, cola, or creed. Upon any violation of this undertaking, the mortgagee may, at its option, declare the unpaid balance of the ~ debt secnred hereby immediately due and payable. 15. The modgagoc fucther covenants that should this matgage and the note secured hereby not be eligible ~ for insurance under the Natianal Housing Act within Thirty l~ay': from the date hereof (written statement ~ of any officer of the Depadment of Housing and Urbann~P[ ,v'e..l~oRrpent or authorized agent ~ the Secretary of Hous- s ing and Urban Development dated subsequent to the a~`7 j~aYs time-from the date of this modgage, decUning to insure said note and this mortgage, being deemed conclusive proof of such ineligibility), the mortga- gee or the holder ef the note may, at its option, declare all sums secured hereby immediately due and payable. The covenants herein conteined shall bind, and the benefits and edvantages shall inure to, the respective heirs. e:ecutocs, administratas, successors, and assig~s d the parties hereto. Whenever used, the singular num- ber shall include the plural, the plural the singnlar, and the use of any gender shall include all genders. aoox17~3 P~ 364