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HomeMy WebLinkAbout0700 i~ r'r•/ . y~ ~ ~ ~ ' +a,~ ' ~ i - - i M ~ S. That he will permit, commit. or suffer no waste, impairment, or deteriaRtion of said property ot any patt thereof; and in the event ot the failure of the mortgagor to keep :~a buildings on said pcemises and those tobe erected on said ptemises. or improvements thereon~ in good ~epair. the moetgagee a?ay make such repeics as in its discretioa it may deem necessary fo~ the prope- preservation theceof~ end the fuil amount ot each and every such payment shall be immediately due and peyable~ and shall be secured by the lien of this mortgage. 6. Tbat he aIll pey all and siagular the casts~ charges. and expenses, includiog reasoneble lawyer's fees, and costs of abstrects of tttle, incurred oc paid at any time by the moctgagee because of the feilure on the pe~t of the mortgagor ptomptly and fully to perform the agceeme~ts and covenants of said promissory note and this mort- gage. and said costs. charges, a~:d expenses shalt be immediately due and peyable ar~d shatl be secured by the tie~ of this mortgage. That he aill keep the improvements now existing ot hereafter erected o~ the mortgaged property. insured aa may be requiced from time to time by the mortgagee against lass by fire and other hazards. casualties. and contin- gencies in such emou~ts and for such periods as may be required by mortgagee. and will pay promptly. when due. any premiums on such insurance tor peyment of ~vhich provision has not been a~ade hereinbefore. A11 i~surance shali be carried in companies aQproved by matgagee and the policies and renewals thereof shall be held by mat- gagee and have attached thereto loss payable clauses in favor oE and in Eorm acceptable to the modgagee, In event of loss he will give immediate notice by mail to mortgagee, and mortgagee may a~ake proof of loss if not made promptly by mortgagor, and each insurance company concemed is hereby authorized and directed to make peyment foc such loss directly to mortgagee instead of to mortgaga ac~d mortgagee jointly. a~d the insurance pro- 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 or repair of the propetty damaged. Ia event of foreclosure of this mortgage oc other transfer of title to the modgaged property in extinguishment of the indebtedness secured hereby. all cight. title, and interest of the mortgagoc in and to any iasurance policies then in force shall pass to the purchaser or grantee. 8. That the mortgagee may. et any time pending a suit upon this mortgage, apply to the court having jurisdic- tion thereof foc the appoiata~eat of a receiver. and such coud shall fodhwith appoint a receiver of the premise~;- covered hereby all and singular, including all and singalar the income, profits, issues. end revenues from whatever source derived, each and every of ~rhich~ it being expressly understood. is hereby modgaged as if specifically set fodh ar~d described in the granting and habendum clauses hereof, and such receiver shall have all the broad and effective functions and powers in anyvnise entrusted by a court to a ceceiver~ and such appointment shell be mede by such court as an edmitted equity and a matter of absolute right to said mortgagee. and aithout reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insotvency of said mortgagor or the defendents, and that such re~ts. profits. income. issues, and revenues shall be applied by such receiver according to the lien of ~his modgage and the practice of such coud. In the event oE any default on the part of the ~ mortgagor hereunder. the matgsgoc agrees to pay to the mortgagee on demand as a reasonable monthly rental for the premises an amount at least eq~ivalent to one-twelfth (1/12) of the aggregate of the twelve monthly install- ments payable in the then current year plus the actual emount of the ent~ual taxes, assessments, water retes. and iasurance premiums for such year not covered by the aforesaid monthly payments. 9. That (o) in the event of any breach of this modgage or default on the part of the moctgagor, or (b) in the event that any of said sums of money herein referred to be not promptly and fully 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 mortgage, ace not duly. promptly. and fully performed; then in either or any such event, the said aggregate sum mentioned in said eote then remaining unpaid, with interest accrued to that time, and all moneys secured hereby, shall become due and payable forthwith, oc 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 paid on such day, anything in said note or in this mortgage ta the contrary notwithstanding; and thereupo~ or thereafter, at the option of seid mortga- gee, without notice or demaad. snit at law or in equity, may be prosecuted as if all moneys secured hereby had matured prior to its institution. The mortgagee may foreclose this mortgage, as to the amount so declared due and payable, and the said pcemises shall be sold to satisfy and pay the same together with casts, expenses.and allow- ances. In case of partial foreclosure of this mortgage, the modgaged premises shalt be sold subject to the con- tinuing lien of this modgage for the amourtt of ihe debt not then due and nnpaid. 1n snch case the provisions of this paragraph may again be availed of thereafter from time to time by the mortgagee. 10. "That the mortgagor will give immediate notice by mail to the mortgagee of any conveyance. transfer, a change of ownership of the premises. 11. That no 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 hereof or of the note secured beceby. 12. Thaf if the mortgagor default in any of the cop nants ~ agteements contained herein, oc in said note, then the mortgagee may perform the same, and all expe~tures (inclnding reasonable attocney's fees) made by the mortgagee in so doing shall draw interest at the rate set forth in the note secured hereby. and shall be repayable immediately and without demand by the mortgagor to the mortgagee, and, together with interest and costs accruing thereon, shalt be secured by this modgage. 13. that the mailing of a written notice or demand addressed to the owner of recad of the mortgaged premises, or directed to the said opvner at the last address actually furnished to the moRgagee, or directed to said owner at said modgaged premises, and mailed by the United States mails, shal! be sufficient notice and demand in any case arising under this instrument aad required by the provisions heceof or by 1aw. 14. The modgagar covenants and egrees that so long as this matgage and the said note secured hereby are irtsured ander the provisions of the National Housing Act, he will not execute or file fa record aay instrument which imposes a restriction upon the sale or occupancy of the mortgaggd property on the basis of race, cola, or creed. Upon any violation of this undedaking. the mortgagee may, at its option, declare the unpaid balance of the debt secored hereby immediately due and payabte. 15. The mortgagor furti~er covenants that shouid this mort age and the note secured hereby not be eligible for insurance under the Natioeal Housing Act within 30 DAY~ from tbe date hereoE (written statement of any officer of the Department of Housing and Urban Development or euthorized agent of the Sectetary d Hous- ing and Urban Development dated subsequent to the 30 DAYS time from the dete of this modgage, declining to insure said note and this mortgage. beiag deemPd conclusive proof aE such ineligibitity). ttie mortga- gee or the hotder of the note may, at its optioa, declare all sums secvred heceby immediately due and payeble. The coveaants herein corttaiaed shall bind, and the beaefits and advanTages sbell inare to, the respective heirs, executors, administrators, snccessas, and assigns af the parties hereto. Whenever used, the singular nwa- ber shall include the plural. the plurel the singular, aixl the use of any gender shall include all genders. aooK 176 6gg - - _ - - - ~ ,g~~` . y. k;:.~j ~ a-~ ~