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HomeMy WebLinkAbout2842 ~ lhe deficiency. ~Such payment st?aR ,~i l~adew~ t~iti'±t~irty (30) dsys s[ter written notice frotn the ~iortgagee ~ stating tha amount ot the deficiene~wt~ich nolice mny be ~iven by mail. It at uny time the ~iortgagor aha~l tender to the MortKagee in accorclKnce with tl~e provisions ot the note secured hereby, full payment ot the entite indebtednesa represented tl~creby, the ~1ort~agee ,?s truatee ahall~ in oomputing the amount ot ~ such indebteduess, credit to the eccount of the :1lortgagor ~y credit bala~ce remai~in under the provisions ~ ar or ~a~uru~raph 2. If ~here shuU be s detault under eny of tbe provisions oI ~ia mortgage reaulting in a public e'o( the premisea rovered hereby, or it the tifortgagee acquirea the prope~ty otherwise atter cief~ult~ the Iltortgagee as truatee AheU spply, pt the time of the commencement of auch proceedinga or st the time the pmperty is otherwise acquired~ ~he amount then remainin~ to credit of ~iortgagor under (R) ot para~raph 2 preceding as a credit on the interest sccured snd unpeid aild the balance to the principal then remunmg unpaid on eui~1 n~te. ~ 4. He will pyr all taxa, ae~eeementa, watee rata, and olhar~ov~ern~menW ot muniaipal ehae~e~. 8i?ei. or impoeitiond, foc which provieion bas aoL baen made Leninbefore, and in defaul0 thereot tbe Mortp~ee m~,Y P~U? ~ s~cue; and t~haL he will prompt~y deliver the a~H'icuJ reoeipts tbenfor to the Mortg~gee. b. He will permit, ooa~mit, or suQez no w~ate, ianpairmeat, or ~etedoratioa of said property ae~qy par! thee~eot ea~aep! n~sonable waat and tear• and in the event oE the lailure of the Mo~~ to keep the buildiu~ oa sat~ p~eeniees ~?ad tlwse to bs erecte~ oa eatd premises, or improvemenLs t~eon, ~n-6ood rapair tLe Mo maks wch repa~rs a~ in its disant~ it m~y deam aeoeseary for tbeproper preeecvation the~+eo~~ and tb~s tull~amou~n! of eac6 and every sueh payanen! aball b~ due and p~ya~e thirty (30) day~ att~ demaad, and ~ha11 be ~ecured by tLe l~a of tLis mortaaae. d. He will pyr aU and atnsu4r tbs oosts, elbar~es~and e~penses. indudlna reasonsbls Lwyer'~ feca snd oosb ot abstraeb ot title~ inourred or paid at any time by t6e ort~ee becauee ci the isilure oa tbe part ot the Mort~or P~P~Y snd i to peiform the a~eemeafu~ and oovenaats ot said promiseoty note and tlus ano~,g~e, and sa:d aoete, chargc~, ~ea~penses e6aU be lmmedi~Leb? dne aad p~yable and s6s11 be bxured by the liea of thie mort~,a~a 7. He wiII oontiauouab maintain Laurd i~unaoe, of such type or t~pes aad smounts as Mortgages nna~ irom tima to time require, on tLe improvements now or ~sreaitet on eaid p and e~cept when payment tor all such premiums hes theretofore beea made under (a of psr~gnph 2 h~e ~vill pay pmmptly when due an~ premiums therefor. AU inaunaee ehall be carri~ ia oompaaies approvec~ by I?iortgsgee aad the poli- ~ cies aad renewa]s tLereoi shaU be beld by Mostgagee snd ha~e attsched thereto loae paysble cTauses ia favor oi sad in iorm aa~eptoble to tLe Mo In event oi loes be rvill giva immediate notioe by mait to Mortgagee, and Mortg~g eemay mt~e prooi~~ u noti mads promptl~ by Mortgagor. and each insurance t~rnpaqy oonoerned is Lereb wtLori~d sad directed to m~ke p~ya~ent ior such las direc~,~y to M~~y~~ inst~ead ot to Mortgsg~or ~d ~ortgagee jointly, and the ineuranoe prooeeds, or an,y part, t6ere~f may be app~ied by I11ort. ~agee a~ ite option either to the reduction oi the indebtedaeee Lereby eecured or to f~?e restoration or re the pmparty dama~ed In eventi of forec~sure of tbie mortgage or other tnasfer of title to the mortg~age~di property in e=tinguisb~meat oi the indebtedneee secured hereby, a~l right, title, aad intereet of the Mortgag~Oc ia and to any insuranoe policies~ t~en in foroe a~ll pass to t6e pum~aeer or gn?ntee. 8. He ~vill not eaecute or Sle.of record any inatrument which imposes a restriction upon the eale or oocu- gsncy of the property described herein on the bssis of race, oolor, or creed. 9. If the premises~ or any part thereof, be condemned under the power of eminent domaia, or acquired for a public use, the demages awarded, the proceeda for the tating of, or the consideration for avch aoquisi- tion, to the extent of the full smount of the remaining unpaid inde6tedness secured by thia mortgage, are herebv assigned to the Mortgagee~ and his heirs or ass~gns, and ahall be paiti forthwith to said Mortgagee or his assi~nce to be applied on account of t6e last maturiag inscaIImencs of auch indebtnese; provided~-hoc~- ever, the Mortgag~e or his assignee, may at his discretion pay direct to the Mortgagor, his Leira or assigna any part or all of such award; provided, t6at if the loan is gusranteed or insured, the oonsen6 of the guaran- tor or insurer is obt,sined in advance ef saidpa yment. sin t0. The Mortgagee msy, s6 anp time ~ending a sui~ upon t~his mortgage~apply to fhe oourt hsvin~ jarisdic- tion thereof for the sppointment ot a n?ceiver, and such court shsll fort6wi s~point a reueiver of the premises covered Lereby all and singular, includin~ all and singular the iaoome. profits, ~ssuea, and revenues frora ~rhst- ' aver source dereved, each and every ot vrhich it being ezpreeslp anderatood. is 6ereby mortgsged aa if specificslly ; set forth and described in the granting an~ hsbendum clauses Lereof. Such appointment shaU be made by such court as an admitted equity and a mstter of absolute right to said :liortgagee~ and without reterence to ~ the adequscy or insdequacy of the value of the property mottgsged or to the solvency or insolvency of said ~ , Mortgs r or tbe defendants. 3uch renta pmfits, income, issuea, and revenues shall be applied by such receiver f accordi g to the lien of chis mortgage an~ the practice of such oourt. In the event of any default on the gart I ot the Mortgager hereunder~ the 111ortgagor s&rees to pay to the Mor on demand aa a reasonable monthlv € rental for the premises sn unount at lesat equivalent to onc-twelfth of t6eaggregste of the twelve monchlv ; instellmenta paysble in the thea current year plue the aotw~l amouat of the annusl tR.res, a~essmente, w~ter ~ rates~ end insuranoe premiums fos euch year not c~overed by t6e store~sid monthly psymenta. 11. Ia the event of any breach of this mortgage or default on the part of the Mortgsgor, or in the event ~ tLst an~ ot said sums oi money herein refen+ed to be not promptly and fully paid aocording to t~e teaor hereof~ , or in the event that esch snd every the atipulations, agreements conditions, and coven~nte of ~aid note and t6ia mortgage, are not duly, promptly, and fully performed _or i~ the Mortgagor be adjudicated bankrupt or ~ made defendant in a bankruptcy or receivership proceedin~s; then in either or uey auch event, the said aggre- j ~ gste sum mentioned in- said note then remainu?g unpaid, with interest accrued to thst time, and ell money ~secured hereby~ shall become due and p~yable forthwith~ or thereaiter, at the option of said 1liortgagee~ as tully and completely aa if alI the said suma of money were originally stipulated to be paid on such dsy, anr- ~ thing m said note or m thia mort&age to the contnr~? notwithstanding; and thereupon or theresfter, st the option ~ of sa~d Mortgagee~ withou6 nut~ca or demund, awt at lsw? or in eqwty, mav be proeecuted as if all monevs ~ aecured hereby had matured prior to its institutioa. The Mor gee msy foreclose tlus mortgege, as to tf?e ~ amount so declsred due and psysble, and the said preraisea ahall~ sold to satisty aqd p~y the same to~ether witb costs e~cpenses~ snd aUowancea. In case of psKisl foreclosure oi this mortgsge, the mortgaged~ pmmises ~ shall be so~d aub~ect to the continuing lien of this mortga~e for the amount of the debt not then due end impaid. ` In such caae the provisions of thia paragr~ph may aga~n be availed of thereatter imm time to time by t6e ~ Mortgagee. _ ' 12. No wsirer of sny covenant herein or of the obligstion secured hereby shull st any time thernetter be ~ held to be a waiver oi the terms bereof or oi tbe note secured hereby. ~ 13. The Uea of thia inatrument ahall reraaia ia tull force and ef[ect during ~ny postponement oc extension ~ of tLe time oi payment of the indebtednees or any part thereof secured hereby. . 14. Thia mortgage is given to secure the purchaee money, or part t~?ereof, of the lands herein described ~ aad is esecuted and delivered contemporaneoasly with the deed therefor. ~ 15. If the Mortgagor defsult in any of the oovenants or agreemeats contained herein, or in said note, t6ea ~ ~ the M~rtgagee may perform the sune~ sad all expenditures (including resaonsble attorneq's lees) made by the ~ ~ Mortg ~n so do' shall draw interest at the rate provided for in the principal indebtedness, end sl~sll be n rep~?y a~b e thirty (30) ays after demand, and, together with interest and oosts accrued t~?ereon, shall be secured by tbis mortgage. ~ 16. Upon tLe request oi tbe Mortgsgee the Mortgagor a6aU execute and deliver a eupplemental note or notea for the sum or aums advanced by the ~rtgsgee for the alteration, raodemization, improvement, main- ~ teaance, or repsir of eaid premises, for texes or aeeesamenta against the aune and for any other purpoae autl~or- iud henunder. Said n~te or notea shall be secured hereby on ~ p~ritp w?ith sad as fully as ~f tlie adv~nce ~ e~idenoed tLenby were iacluded ia the note first described above. Said suppRement.~l uots or notes shsU beu ~ EOOK ~~U PAGf ~ ; - - - - - - ' ~ e rr.~..,~~'~r.-~~,~., ,a~~:~-~~ ~.~'c~'~y~......:. . ,