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HomeMy WebLinkAbout2123 the deficiency. Such pny ment shall be made with~,Zt~nt~ (30) days aiter written ~otice fcora the 4lortgagee ' atating the amount of the deficiency~ which notice may be ~iven by mail. If at any time the ~Zortgagor shs~l tender to the Mortg,~ee in accordance with tiie pmvis~ons ot the note secured hereby, full payment of the entire indebtedness represent~ed thcreby, the :liortgagee as trustee ahnll~ in computing the smount ot such indebtedness, credit to the account of the ~iort,~a~or~u?y credit balance remaining under the pmvisioas oi (a) of eaid paragraph 2. I[ there shaU be s default under sny ot Lhe pmvisions of this mortgage resul fng ~n s public sale oi the prenusea covered hereby, or d the Mortgagee acquirea the property otherw~se s te detwult~ the Mortgagee as truatee ahall spply. at the time of the com~nencement o[ such proceedings or st the time the pmperty is otherwise acquired, the amount then remaining to credit o[ biortgsgor under (a) ot , para&raph 2 preceding as s credit on the intereat accured and unpaid and the balance to the principal then cemaining unpaid on said note. 4. He will pa~ aD t~a~e~, aesesem~nt~s, wst~ee sat~e~ and other~overament~l a munlciPV ~R ~ i impodtions, for which provieion Las not beea made hereinbetore, and in detsult t6ereof t6e Mort~ee m~Y P~U? ~ s~me; ~nd t~6st hs w~ll p~mmpt~y deliver tLe o~cial reoeipt~ t~heretor to the Mortg,~gas. b. He will permit~ oommit~ or e~ec no waete~ impairmeat, ot det~erioration of eatd property aeaqy p~rt t6ereof eacoep! reas~nsbk wear and t~ear• and in ibe eveat of the failure of tLe Mortg~gor to keep tbe buildin~ on aai~ ' pe~emiees aad those to bs ereete~ oa s~id premiees. or innprovaments thereon, in aood rep~ir the Morti,~gee myr make sueh npairs ~s in its disaretioa it may deem neoeeeary for tbe W'oPer Preeervstion thereo~~ ~nd the full i?mouat d eaeh and every sue~ pw?ment ahall -b~ due ~nd p,yable tbirh? (30) dyra dter demand, aad eball bs ~ecured by ` t~6s lien ot tbis mort~e. ~ - ~ 6. He wtll qy aU ~nd ei~ul~r tbs oost~,:~har~s, and eocpenses, iacludin~ naeonsble Lwyer'~ fees~ and oost~ ` ot ~?bstraats of title, inaurred or paid st a~~r time by ttie Mortg~ee bea?use of !he failure on the psrt ot the Mort~or ' P~'oIDP~Y and ful~? t~o perform t6s a~eements and ooveaante ot said promise~ry note snd W?is mortgaae, anc~ aa:d ~osta, ~ha~'6'es. and espeaees sLall be immediate~p due and p~ysble and t6a11 be secured by the Gen of thia mort6a`~e. 7. He wiIl oontinuoua~ maintain Lwrd i~sunaoe, of such type or t~pes and amounte as Mortgsges ma~ 4 trom time to time require, on fhe impmvemente now or hereafter on eaid pr~mises and axcept when p~ymea0 ? tor all such premiums Las theretofore been made under ~(a) of paragrsph 2 hereoi ~e will pay promptly w?hea ~ due any premiums tLerefor. All inauranoe sLall be cRrried in oomp~niee spprove~ by Iliortqa~ee and tha pol~ ciee and renewals thereof ahull be hnld b~ Mortgagee and bs~e att,ached t~ereto loes psyable cTausee ia fsvor oi aad in form acoeptable to ths M In eventi oi loes he will give immediate nouoe by ma~l to Mortgagee, iwd Mortgagee m~y malce ,proofar~ ii not made prompt~j by Martgsgor~ and e~ch insur~aoe oompan~ ocncerned is hereby~ autLon:ed and directed to mal~a payment for suc6loes directly to Mo~~ mstead ot 3 to Mortgsgor snd Mortgagee jointly, and the inauranoe prooeeds, or aqy part t6ereoi may be ap~led by 111ort- ~ ~gee st its option either to tbe reduction of the indebtedneea Lereby secured or to the e+eatontwn or rapair oi ~ the property damaged In event of forecloetu+e of tbis mortgage or otber transfer of title to the mortgaged ; property in eitangu~ahment of the indebtednees eecured hereby, a~l righL, title, and interesti oi tbe Mortgagor m and to aqy ineursnce policies~ then ia foroe sball p~e to the purchaeer or gcsatee. 8. He will not ezecute or file of record any inat~vment which imposes s restriction upon the sale or oocu- pancy of the pmperty described herein on the bsais of race, color~ or creed. f 9. If the premises, or any part thereof~ be condemned under the power of eminent domain, or eoquired ~ for a public use~ t.he damoges awarded~ the proceeds for the taking of, or the consideration for auch soquiai- tion, to the extent of the full amount of the remaining unpaid indebtedness secured by this mortgage, are hereb~• assigned to the Mortgsgee, and his heirs or assigna, and ehall be paid forthwith to said Mo r-t~agee ~ or his assignee to be applied on account of the lsst maturing installinenta bf such indebtness; prnvided~~oc-- ' ever. the Mortgag~e or his assignee, msy at his discretion pay direct to the Mortgag~or, his heirs or assigns any part or all of such award; provided, that if the loan ia guarauteed or inaured, the oonaent of the guaran- tor or insurer is obtained in advance of saidpa yment. 10. The Mortgagee may, at sny time pend~ing s suit upon twa mortgag~e, spply.to t~?~ oourt hwyin~ jurisdic- tion thereoi for the eppointment oi s receiver~ snd such court shsll fort6wit6 s~point s t~eoeiver oi the premises covered hereby sll and singulsr~ includin~ sll snd singular the inoome, pro&ts, ~ssuea, and revenues from ~~hat- ever source denve~l~ each and every of v~hich it being expreaely understood, is hereby mortgsged as if apecificAlly aet forth and descnbed in the grsnting an~ habendum clauses Lereof. Such appointment shall be made by ' such court as an admitted equity and a mstter of absolute right to said I~iortgagee, and without reterence to ~ the adequscy or inadequscy of the value of t.he pmperty mortgsged or to the solvency or insol~ ency of said Mortgagor or the defendants. Such rents, profita, income, iasuea, and revenues ahall be applied by such receiver ~ according to the lien ot thia mortgage and the practice of auch court. In the event ot any detsult on the part o# the riortgagor hereunder~ the biortgagor a~rees to psy to the 1~iortgagee on demsnd ss s reasonable monthlv rental for the premises an amount at least equivalent to one-twelfth of thea~ega te of the twelve monthlv ~ installments payable in the then current year plns the actual amount of t6e annual ts.~es, assesaments, w~?ter ° rstes, and insurance premiuma for such year not covered by the sforesaid monthly psymenta. 11. In the event of any breach of thia mortgage or defsult on the psrt of the Mortgagor~ or in the even~ that any of said sums oi money herein referred to be not promptly snd fully paid according to the tenor hereoi, or in the event that each and every the atipul~tiona~ agreements, conditions, aud covenenta of said note snd this mortgage . are not duly~ promptly, snd fully performe~ or if the l~iortgagor be i?djudicated bankrupt or made defendant in ~ bmkruptcy or receiverahi~ proceedinga; then in eit6er or any au~ch event~ the said aggre- gata sucq mentioned in suid note then remaintng unpaid~ with iaterest~accrued to that time, and all money secured hereby~ nhall become due and psyable torthwith, or thereatter, st the option oi said Iliortgagee~ as fully and completely ss if all the ssid suma of money were originslly stipulsted to be psid on such day, an~- thing in said note or in this mort~sge to the oontrsr~? notwithstanding; and thereupoa or theresfter. Rt the option ot said 11Sortga~ee~ without not~ce or demand, suit at lawr or in equity, msv be prosecuted ~s ii all moneva secured hereby l~ed mstured prior to it8 institution. The Mortgegee may foreclose this mortg~?ge~ as to the aonount so declared due and payable~ snd the asid premises shall be sold to satisfy ead pay the asme together with costs eacpenees, snd nllowancea. In esse of partial toreclosure of this mortgage, the mortgsged prem~ses ahall be so~d aubject to the continuiag liea oi thia mortgage for the amount ot the debt not then due ~nd unpaid. ~ In such case the proviaions oi this p~ragraph may aga~n be ~vailed of thereafter lrom time to time by the ~ Mortgagee. 12. ~No N~'iiver of an~ oovenaat herein or ot the obligstaon secured hereby shRll.~t eny time tl~ereAtter be held to be ~ w~ivec ot the terms hereo! or oi tbe aote ~ecured bereby. _ 13. The Uen ot this instrument.shall rema,ia in fuU lorce and eRect during ~nq postponement or exteasioa oi the Lime oi payment ot t6e indebtedness or any p~rt thereof sccund henby. t4. 'I~is mortgage is givea to secun the purchaee money~ or a put tLereoi~ ot the lands herein described and is ea~ccuted ~nd deliveced contemporaneously with the deed theretor. I5. If the Mortgagor default in aay ot the covenants or agreements oontuned herein~ or in said note, then the Mortgagee msy perfocm the same, and aU expenditures (includ~ng rea9on~ble sttornev's fees) msde by th~ Mortg in ao do~ng shall draw iattres~ at the rate pmvided for ia the principal indebteciness, ~nd sliull be npay i?b~Uurty (30) d•y. •icer demand~ ~nd~ t~ogether rnth inlerest and cASta accrued thereoa. shall be secu~ed by txw mortgage. t8. Upon the cequat ot tbe l~iortgagee tbe Mortg~g~or sh~ll execute and deliver ~ supplemental no~e or noeer foc the sum or wtns advanc~d by the Mottgagee far the alter~tioa, modrrnization, improvement, m~in- t~en~ncx, or repair ot said premises~ ior taxea or ~menta ~gainst the same and for any other purpoae ~utl~or- iud hereunder. 3aid aote or notes ~h~ll be secured hereby on a parity with and ~s tully as ~f ~I~e aJv~nce e~idenoed t6ereb~ were iacluded in the note fus~ ri ~bo~e. S~id supplementa! aoLe or aotes sh~li beu ~K1/4 rAi.E2118