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HomeMy WebLinkAbout1104 ~ t 7. To pernait, commit, or ~uQer. no wut~ impairment or deterioraLion of wid pmperty or anypa rt thereoi and to ~ take all neceasar~ ~teps to preveat ume; an~ to keep ths buildings now or hereaites situ~?te on said lands in as nearly as possiDle the same ordar and condition oi rep~ir aa they no~r ue or ss thay m~p be when placed upon uid l~ndd; ~ad to do or to permit to be doAe to eaid premieea nothing th~t wlll ia a~y wsy impair os ~reaken the security oi thb mort- ~ gag~e. That the mortgsgee m determine in its aole discntion whether !he foregoing portions of thispa ragraph ue be- ing complied with snd. for th~ purpo~e. the mortgagee shall h~ve the right to inspect the mortg~ged property at any reasonable honr oi the day. Ttu?t, if the mortgagee determines t1~at the ioregoing pu:.ions oi this pangraph hRVa not been complied wlth. it may perlorm such ~cts and it may authorise workmen to enter npon the premiaes ~t resaon~ble ~ hours for the purpose oi mskiug repsirs and aA expetues ao incurred by the mortga~ ahxll draw iaterest st tha rate ; oi eight per centum per annum irom ths date thereot. and. together with interes~ ahe,: be secured by this mortgage. It } is understood tlwt the morlgagee dces not heseby aasume responaibility or liability for the care or snpervision of auy i of the mortgaged P~Pe~Y• 8. 1Lat iisaq of the snms oi money berein reterred to andlor hereby aecured. be not inlly paid within 8iteen E days ne:t aiter the eame savenlly become due snd payable. e~ccept aa provided in Paragraph 8(b), above, or ii there ° be any bresch oi this mortgage or default berein on the part of the mortgagora. or ii each and every the covensnts. ' agreements. conditions and stipnlations oi each aaid pmmiaaory note and of this mortgage are not promptly u~d fully pedormed, then in u~y auch evenl. the eaid aggregate anm secured hereby. ezcepi unearned intereat, less previous ; paymenta. ii any, ahall become due snd p~yable forthwith or theresfter. at the option oi the mortgagee, as tully and completely aa if originaUq atipulated to bepaid on auch date. snything in aaid promz~sory note andlor in this mort- ~ gsg~e to the contrary notaithstanding; and thereupon, or thereafter. at the option oi the mortgagee~ aithont notice or demand, auit e?t law and/or in equity, theretofore or thereaftar begnn, may be prrsecuted as if aU aums hereby ~ secured had maturEd prior to its iustlWtion. 9. Th~t Mortgagore hereby aasign, tranafer u~d aet over to Mortgagee, np to the amount of the total indebtedneaa secured hereby. sll a~vards of damagea in conncction ~vith the condemnation oi any of aaid pmperty for pnblic uae or for ~ iqjury to any psrt thereoi. and the proceeds of sll auch awarda, aiter payment of all ressonable expenaes incurred, includ- ing fees for attoraeys repreeenting Mortgagee in any proceedinB in ~vbich any anch awud is made. shsll be paid to Mort- ' gAgee to be spplied upon the indebtedness bereunder in auch manner aa Mortgsgee may elec~ 10. That time ia oi the esaence of this contract snd no waiver oi any obliga?tion hereunder or of the obiigation aecured hereby ahall st anq time thereafter be held to be a waiver of the terme hereof or oi the note aecured hereby. 11. Without aifecting the liability of any person (other than any peraon released pursu~?nt hereto) for payment o! anq indebtedneaa secured hereby~ and taithout affecting the priority or estent of the 1~en bereof upon snq property not specifically releaaed purauant hereto, Mortgagee may at any time and itom time to time, without notice and arithout limitation sa to any legal right or privi:ege of Mortgagee: (s) Release any pereon liable for payment oi any indebtedneaa secured hereby; (b) Eztend the time or agree to alter the terma oi payment of any of the indebtedneas; (c) Accept' additional aecurity of any kind; (d) Belease any prop- erty securing the indebtedneaa; (e) Consent to the creation oi sny essement on or ovcr the premises or anq covenanta restricting uae or occupancy thereof. 12. To duly perform, complq with and abide by each and everq the atipulations, conditions and covenanta in said promiseory note and in this mortgage eet forth. 13. To give immediate notice bq mail to the mortgagee of any conveyance~ tranafer. or change of ownership of the € premisea, and to pay s resaonable fee to the mortgagee to cover the expense of changing records. 14. ZLat the a?ailing of a written notice or dem~nd addreased to the owner oi record oi the mortgaged remises, or directed to the aaid owaer at aaid mortBaged premises, and mailed by the United States msils. ahall be au~cient notice and demand in sny case arising under this inatrument and required by the provisions hereof or by law. lb. As additional eecurity tbe Mortgagora do hereby transfer, asaign and aet over to the said Mortgagee~ its succes- sora or asaigns, any and all rents now due, or to become due. on the above deacribed premises or any aeparate rental premise appurtenant thereto, which are aituated on the land above deecribed; such renta to be collected by or at the direction of the Mortgagee, its succeaaore or asaigna, snd the net proceeda thereof to be applied to the indebtednesa here- inbefore secured, sa and when tbe same shall become due and paqable; and for the purpose of canqing out this pmvision the Mortgagora do bq theae preaenta, conatitute snd appoint said Mortgagee, or the succesaora or sasigus oi the said ' tQortgagee. as hia, her or tl~eir true and lawfal attorneq-in•fact, to collect anq and all rents for ssid above deacribed premises, ezpresaly suthorising the Mortgagee or its succeaaora or asaigna to receipt tenanta therefor. and do by theae preeenta ratafy sad conSrm any and aU uta of said attorney-in-fact in relation to the foregoing power. 16. Mortgagora. without 8rat obtaining t6e vvritten conaent of Mortgagee thereto. ahall not (a) asaign the renta, or ? any part thereof~ from the mortgaged premises, (b) consent to the modification, cancellation or surrender of any lease of the mortgaged premisea, or any part thereof. now eacisting. or hereafter to be made, having an nnezpired term oi one year or more, or (c) collect rents from the mortgaged premises for more than one month in advance. Mortga~ora will ' furnish Mortgagee copies of any renewel leaeea encnmbering said property and will ezecute instrumeats of saaignment j and pledge that mortgagee may require sa add"itional security. ~ 17. That in the event the Mortgagors isil to pay or discharge said taies. asseasments, liena and incumbrances, or eaid coats, chargea and expenses. or fail to keep said preanises inaured or to deliver the policies, premiums paid, or fail ~ to repsir the said premisea, sa herein agreed, the Mortgagee is hereby suthoriaed at its election to paq and/or diacharge said tsxea, assessmenta, liens and 'u?cnmbrancea or any part thereof. to pay said coats, charges and expensea, to procure and pay for auch insurance or to mske andpay for anch repsira~ wit]iout any obligation on its part to determine the validity or neceasity of anq thereof and without the Mortgagee waiving or a8ecting any option, lien, eqnity or right under or by virtue oi thia mortgsge; and the fall amonnt of each snd every auch payment shall be immediately dne and payable and ahall bear intereat from the date thereof until paid st the rate of eight per centum per annnm, and, together with such interest, ahaU be secured by the lien o! thia mortgage; but nothing herein contained ahall be construed as re- quiring tbe Mortgagee to advance or apend moneqa for any of the purpoaea in this paragrsph mentioned. 18. T6at if anq suit ahall be inatitnted to forecloae or reform thia mortgage and/or to enforce payment of any claims hereunder, the Mortgagee ahall be entitled to apply at anq time pending such auit. to the Conrt having jurisdiction there- of, for the appointment oi a Receiver o! the mortga property and oi all and sing~lar the rents~ income, profits~ issuea and revenues thereof irom whatever aource derived, each and everq of which are expressly mortgaged by this instru- ment; and it ia hereby ezpreasly covenanted and agreed that thereupon auch Court ahall forthwith appoint a Receiver oi said mortgaged pr~~erty. and oi all and singular the rents, income, proSta, issues and revenues thereof fmm wha~ ever source derived, Anth the uanal powera and dutles oi receivera in like casea; and such appointment ahall be made as a raetter of atrict right to the Mortgsgee, and withont reference to the adequacq or inadequacy of the value of the prop- erty hereby mortgaged, or to the so~vency or insolvencq of the Mortgagors. ~ s ~ e F'ORM NO. 1845•s<s.ss~ BOOK~7~ PqCE~.~o~