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HomeMy WebLinkAbout0708 t . v ~w+ ..T~. - S. Tlwt he will permit. commit, or suffer no waste. impairment. or deterioration of said property or any part tbereof; and io the event of the failure of the modgagor to keep the buildiags on said premises and those tobe erected on said pcemises. or impcovements theceon. tn good repai~~ the mortgagec ~aay make s~h repeirs as in its disccetioa it ~aay deem aecessary for the prope~ pcesecvation thereof. and the full emount of each and every such payment sisatt be imaaediately due end peyable, and shall be secured by the lien af this mortgage. 6. That he aill pey al! ertd singuler the casts~ charges. and expenses, including reasoneble lawyer's fees. and costs of abstracts of title, incuned oc paid at eny time bythe mortgegee because of the failure on the part of the mortgaga pcomptly and fully to perfam the egceements and covenants of said pcomissory note and this mort- gage. and said costs. chargea, and expe~ses shall be imaiedi~tely due and poyable aad shalt be secured by the lien of this matgage. 7. Thet he wil! keep the impcoveruents now existing or hereafter erected on the modgaged propedy, insured as may be cequired from time to time by the matgagee against loss by fire end othe~ haaards. casualties. a~d contin- gencies in such amounts aad for such periods as may be required by matgagee~ and will psy promptly. whea due. any premiums on such insurance for payment of which provision has not been made hereinbefoce. All insutance shall be carried in companies aQproved by ~uortgagee and the policies and renewals thereof shell be held by mort- gagee and have attached thereto loss peyable clanses in tavoc of and in form acceptable to the mortgagee. In event of loss he will give immediate notice by mail to mortgagee. and mortgagee may meke proof of loss if eot made promptly by mortgagor. and eac~ insuraace company concerned is~hereby authorized and directed to make peyment Eor such loes ~icectly to moctgagee instead of to mortgagor and mortgagee jointly~ snd the insurance pro- ceeds, or any part thereof, may be applied by mortgagee et its option either to the reduction of the iedebtedness hereby secured ot to the restocation or repair of the propedy damaged. In event of foreclosure af this moctgage or other transfer of title to the mortgaged propedy in entinguishment of the indebtedness secured hereby, all cight, title, and intecest of t6e mortgagac in and to any insurance policies then in force shall Fass to the purchaser a g,centee. 8. That the mortgagee may, at any time pending a suit upon this mortgage. apply to the court having jucisdic- tion theceof fa the appointment of a teceiver. and such coud shall fodhwith appoint a receiver of the premises covered hereby all and singuler, including all and singular the income, profits, issues. and revenues from whatever source derived, each and every of which, it being expressly understood. is hereby modg,aged as if specifically set forth artd described in the granting and habendum clauses hereof, and such receiver shall have all the broad and effective fanctions and powers in aaywise entrusted by a couct to a receiver, and such appoiatment shall be made by such court as an admitted equity and a matter of absolute right to said mortgag~ee, and witE~out reference to the adequacy or inadequacy of the value of the propedy mortgaged or to the solvency a insolvency of said modgagor or the defendents, and that such rents, profits. irecome, issues, and reve~ues shall be applied by such receiver according to the lien of this moctgage and 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 ~ demand as e reasonable monthly rental for the pcemises an amount at least eqpivalent to one-twelfth (1/12) of the agg~egate of the twelve mo~thly install- ments payabte in the then current year plus the actual amonnt of the annual tanes, assessments. water rates, and in~urance premiums for such year not covered by the aforesaid monthly peyments. 9. That (a) in the event of any breach of this modgage or default on the part of the modgagor. or (b) in the event that any oE said sums of money herein referred to be not promptly and Eully paid without demand or notice, or (c1 in the event that each and every the stipulations, agreements. conditions, and covenants of said note and this moctgage, are not duly. promptly. and fully performed; then in either or eny such event, the said aggregate sum mentioned in said aote then remaining unpaid, with interest accrued to that time~ and all moneys secured hereby, shall become due and payable forthwith, a 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 ~aid on such dsy, anything in said note oc in this mortgage to the contrary notwithstandit~g; and thereupon or thereaffer, at the option of said mortga- gee, without rtotice or demand. suit at law or in equity. may be prosecuted as if all moneys secured hereby had matured pcior to its institution. Tlre modgagee may foreclose this mortgage. as to the amount so declared due and payable, and the said premises shall be sold to satisfy sud pay the same together with costs, expenses,a~d allow- ances. In case of pertial foreclosure of this matgage. the mortgaged premises sheli be sotd suhject to the coe- tinuing lien of this aiortgage for the amount of the debt not then due and unpaid. 1n snch case the provisions of this paragraph may again be availed of thereafter from time to time by the mortgagee. 10. That the modgagor will give immediate notice by mail to the modgagee of any conveyance. transfer, or change of oaaership of the premises. ~ 11. That no waiver of any covenant herein or oE the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereaf or of the note secured hereby. 12. T6at 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 (inclading ceasoaable attorney's fees) made by the modgagee in so doing s6a11 dcaw interest at the rate set fath in the note secured hereby, end shell be repayable immediately and without demand by the mortgaga to the modgagee, and~ together pit6 interest and costs accruing thereon, shall be secured by this modgage. 13. that the mailing of a aritten notice or demandaddressed to the owner of record of the modgaged premises. oc directed to the said owner at the lest address actually f~c~isked to the mortga~ee. a directed to said ownec at said modgaged premises. snd mailed by the United States mails, shall be sufficient notice and demand in any case arising under this instcument and requiced by the provisions hereof oc by law. 14. The modgegor coven+~nts and agrees that $o lang ar~ this mortgage snd the said pole secu~ed hereby are insured ureder the provisians of the National Housing Act, he will not execnte or EIIe Ea record any instrument which imposea a restriction upon the sale or occupency of the mortgaged pcoperty on the basis of rece, cola, or creed. Upon ~a; violation o~ this underteking, the moctgagee mey, at its option. declare the unpaid balance of the debt secured heraby immediately due and payable. 15. The mortga~oc fucther coveaants that ahould t6is moct ~,e aad the note secured bereby aot be aligible tor insurance under the National Housing Act wlthin from tbe dete heceaE (written statement o[ any officer o~ the Department of Housiag and Urbon Oevelopmeat or iuthorised ageat of the Secretery ~ Hous- ing and Ucban Dcvelopment dated subseqncnt to the 'j'~~ Dap tlme ttao the date of this mort~ge. drelining to insure said aote and this mortgage, beiag deea~d conclusive pcoof oE sach ineligibility). the mortge- 6ee or the hotder d tl~e aote o~y, at its optioe, dectore alt sums secured hereby lmmed'utely due and poytRble. The coveaants herein coetained shatl bind, and the benettts at~d abvaata~earaball inure to, tht respective ~irs, eYecutars, administrators, aaccessors, and assi~ns aE the p~rties hereto. Wheaever used. tbe singulor num- ber shall include the plural, the plural the singular, and the use of ~ny eender shall include all gendera. Y~i74 0~ .705 ~ .