Loading...
HomeMy WebLinkAbout0208 , ~ . .r ' ~ . the deficiency. Such payment ahall be made within t ic~y (30) daya siter written notics troan tha Mortgagee staling the amour?t ot the deficiency, which notice may be givea by mail. If st any time the Mortgsgor sha~l tender to the Mortgagee in accorclance with the provisions ot tha note secured hee~eby, fuQ payment of the entire indebtednees repreee~ted thereb,y~ the Mortgagee aa trustee ahell, in ooraputing the ~~noun~ ot ? such indebtedneas, credit to the account o! the Mort,gsgor anv credit ba?lance reqpainin under the pmvisioas . of (a) ot esidpar~graph 2. II there ahall be a default under any ot t6e provisioae of is mortgage resutting in a public sa el oi the premises covered hereby, or it the Mortgagee acquirea ihe property otherwise ~iter default, the Mortgagee as trustee ahall apply, et the time ot the commencement of auch proceedinga or st the time the property is otherw~se ecquired, the amount then remaining to credit ot Mortgegor uader ot - parap~raph 2 preoeding as a credit on the intereRt accured and unpaid and the balance to the principsl thea cemun~ng unpaid on ssid nofs. . 4. Hs wlII pyr aD t~?~oe~„ areee~enb, wstee nta, a~d vtDe:~o~rerac~ent~i ae m~miaiPil ed~~!'a, ~ impo~ttions, for wbich provi~ioa L~s not been m~ds 6ereinbetore, and ln deGwlt t6ereof tbs Morti~ ~1Y P~Y ~ s~me; and tbsL Le will peampt~y deBver tha o~cial reoeipta tberefor ~o Lhe Morfg~es. - b~. He will permit~ oommi~, ot suse~. no wa~ts, imp~jrmea or date~ior~t,ion of mdd property ae t,hereof eaooept ra~sonsbk~waur and t~ear• and in tbe ev~e..-~ ut 1he t~ of tLe Mo~~~ r to keep t6s bsuqi~ oa eai~ preanise~ ~nd thoee to bs erecte~ on ~~id pe~emises, cr improvemeata thereon, In-aood repair t6e Mort~aee my? maks euch repairs as ia its disaretion it m~y dee~ neoeee~ry for the~~ per preservstion tbeeeo#, and ths fuU awouat ot a~oL and every moh p~yment eball b~ due aad p~,yabie Lbiet~? (3v) d,y~ sitee demand, and ~tull bs seanred by ~ ~MII O~ ~ IDOt~~. _ J 6. He wiU p?y aD and einsuLr !6s oosta~ and eocpenses„ iacludins reas~nsble Lwyer'~ feee, and oo~ ot abstruat~ of tit~, inaurrai or paid ~?nx ta~,b~ortg~gee becauee oi the failure oa the part of the Mo~~~ P~'~P~Y ~ fiil~ to perform fbs ~ts sa~ oovenanta of sdd panmiesory notc and this mottgs~e. aad m~:d oo~s, ch~u~g~, +~na eacp~as eball be immediate~jr due and p,yabls aad shaU bs secured by the lien of this morts,a~e. 7. He will oontinuo~ maintaia haaard iqauraaoe, of anch tiype or h?pes and amouab a~ Mortgagas m~~ iron time to tims require~ on tLe improvemente now or Lere~tter on said pr~misee and e~cept when pa~menti tor all such pramiums has therstofore been ~+ade nader ~(a) of paragra~h 2 hereoi ~e will pay promptly wheu due sny premiame t6erefor. All inauranoe shall be csrried ia oomP~~ ~PPmve~ by I?~ortg~gee aad the poli- cies and renewals tLereoi shall be beld by Mortgagee aad ha~s attached t~6ereto loas payable clauses in favor oi , and in form sooept~ble to ths Mo ,ag~es. In e~ent oi bes hs will give immediate notioe b~ mail to Mortgagoe. and Mostg~agee my maic~e.prooi~~[ bes it n~o~ made p~romPtb b7 Mortgsg~or~ and e~c6 inwnaoe oompaq~ cuncerned ~s Lereb sutLonr~ed and directed to maha payment for sucL loes du~ec. to M~~y~~ matead ot to Mortgcgor aad ~ortgagee 'ointly , sad the insusance prooeeds, or an,y p~rt tLee+e~ may bs ap+p7ied by I?iort- ~agee at ita option either to ~e reductioa oi the indebtedaeee hereby sec~u+ed or to t~e restontwa or rep~r oi the property damaged. In event oi foreclos~u+e oi tbia mort~a~, or o~her tsi?nster of title to fba mortgaged p~operty m eutingu~shment oi the indebtednees secured Lereby; all rigLt, title, and intee+esti oi the Mortgsg~or ia and to aay insuranoe policieb tLea ia force sLall pass to tbe pucr,Laeer or gcant~ee. ; ~ 8. He will not ~secute or file of record sny i~trument which impoees a restrictioa upon the s~le or oxu- pancy of the property described herein on the basis of race~ oolor, or creed. ~ 9. Ii the premises, or any part thereof~ be condemned under the power of eminent domain; or soquired for a public use, the damages awarded, the proceeds for the tagi~ng of, or the conaideration for spch acquisi- tion, to the extent of the full amount of the remaining uapaid indebtednese aecured by thia m~rtgage, are hereby assigned to the Mortgagee, and his heirs or assigna, and ahsll be paid fort6wit6 to asid Mor-t~egee ' or his a~~g~?ee to be applied on account of the last maturing inatallments of such indebtness; pruvided~,-ho~- ever, the Mortgag~e or his aesignee, may at his discretion psy direct to the Mortgagor, his heirs or assigns eny part or all of such award; pmvided, that if the loan ia guaranteed or insured, tihe cansent of the gusran- tor or insurer ia obtained in advance of saidp ayment. 10. The Mortgagee msy~ st any time ~en 'dmg a euit upon tms mortgage ap~?ly.to the oourt hsvin~ jurisdic- tion thereof for the sppointmeat oi s r~ec~eiver, and such oourt aball fort6wit~ a~point s receiver oi the premises iasues and revenues from ~rhat- ~ c o v e r e d b e r e b y a ll a n d u n g u l s r. m c l u d u~ s ll a n d ~ n g~ s r t h e m o o m e, p r o fi t a~ , ever eow~ce denved. each and everq of vrluch it being ezpreeely underatood, is hereby mortgaged aa if apecifically ; set forL6 and deecnbed in t6e grsnting an~ habendum clsuses bereof. 3uc h sppou?ttnent a h s l l b e ma de by such court as an admitted equity and s matter of abeolute right to said Mortgagee; and without reterence to the adequacy or inadequscy of the value of the property mortgaged or to the solvency or insolrency of said Mo tgsg~ r or the defendants. Such rents profita, income, ~ssues, snd revenues ahsll be applied by such receiver aooo~rding to the lien of thia mortgage an~ the practice oi such court. In the event of any default on the pert ; of the Mortgagor hereunder, the 111ortgegor s~rees to psy to the'.1~iortgagee on demsnd aa s reasoaable monthlv ; reatal for tha prenusea an amount at least equivalent to one-twelfth (K:) of theaggregate of fbe tvrelve monthlv ~ installments payable in the then current year plus the sctual amoun~ of the annual taaes, asae~tnents, water ntes, and insuranoe premiums for euch year not oovered by t6e aforesaid monthly psyments. ~ 11. In the event of any breach of this mortgage or default on the psrt of the Mortgagor, or in the event that any of said aums oi money herein referred to be not promptly and tully psid scoording to the tenor hereoi~ or in the event thst each and every the stipul~tions~ agreements, conditions, and ooven~nta of ssid note end this mortgage, an not duly~ promptly~ and fully pertormed or if the Mortgagor be adjudicated bankrnpt or made defendant in ~ bankruptcy or receiveiship proceedings; then in eitber or any such event, the said agg~e- ~ gste snm mentioned in ssid nat~ then remainmg unpaid, v~nth interest accrned to thst time, and all money = aecured hereby atutU bcoome due and pay~ble forthwith, or thereaiter, st the option of said 111ortgagee, as ~ fully and oomp~etely as if all t~e ssid sums of money were originally atipulated to be paid on such d~y~ an~ - ' thing in said note or m thia mort~age to the contrar~ notwithstanding; and thereupon ar thereaiter, et the option oi said Mort~agee, writhout not~oe or demand~ awt at law or in equ~ty~ msv be proeecuted ss if all moneva eecured hereby had mstured prior to its institution. The Mortgagee may foreclose t~hia mortgAge, as to tf?e amount so declared due and pAyable, ~nd t6e ssid premises ahall~e sold to astiaty snd puy the sune together with coata~ expenaes, aud allowances. In case of parwal foreclosure of thia mortgage, the mortgAged prem~ses ahsll be sof d aub~ect to the continuing lien of this mortga~e for the amount of the debt not then due sad ~u~paid. In auch caee tbe provisions of tLis puagraph msy agwin be availed of thereafter irom time to time by the Mortgagee. 12. No waiver of aay uovenaat hereia or of the obligstion secured hereby shall st sny time tliereafter be ~ held to be a waiver of the terma bereof or of the note eecured hereby. ` 13. The lien of thia inatr~ment shall remain in full force and e@'ect during any postponement or extension of the time oi payment of the indebtednees or any psrt thereof secuced hereby. 14. This mortgage is givea to secure tbe purchaee money, or a part thereof, of the landa hernin described ~nd is execute~ and delivered contemporaneously with the dced t6erefor. 15. Ii tLe Mortgagor default in any of-the oovenanta or agreements ooatained herein, or in asid note, then the Mortga~ee msy perform the same, and all eacpenditurea ('~nclud~ng reasonable attorney's fees) made by the Mortg m so dou'~ ah~ll draw intereat at the rate pmvided for in the principal indebtedness, aad shall be repay ~ab~thirty (30) d~ys after demand~ md~ together wit6 interest and ooats accrued thereon, shall be secured by this mortgage. l6. Upon tLe requeat of tbe Mortgagee tha Mortgagc?r shall e~cecuts and deliver a supplemental note or aotes for tbe sum or sums advanced bp the Mortgegee for the slteration, modernizstion, improvement, main- tenance, or repair of said premises, for tauces or aeeesaments against tbe same and for any other purpose autLor- ~ ized hereunder. 3aid note or notes shsll be eecured hereby on s paritq with snd as fuUy as ~f tl?e aclvance ~ evideuoed thenby rvvere included in tLe note first described abova. Ssid supplemental note or notes shall bear ; 1 BOU1~ ~ I~ PA~I ~CI~