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HomeMy WebLinkAbout2085 the deficiency. tiuch pe? ~n?enl sh,?Il be nisde w•ithin thirty (30) days e~(ter w•ritteu ~iotice (com the ~iort~a~~e statii~~ the amount o( t~ie deficien~y, H•hieh notice ir.~y be ~iven by inail. If at e?ny time the ~Iortga~,ror si~e~~l lenaer to the \1ort~etKee in acror~tance w•ith the pror~s~ons ot the ~~ote secwed hereby, iull payment o[ the entire indebtedness representcd th~~n~bv, U?e ~torlKa~ee e?s trustee sh~U, i~ computin~ the ~inount ot such indebtedness, credit to th~ ~ccoun4 0( tlie ~tort~•aKo~ e~ny credit balance remxining under tt?e provisions o[ (a) of suid pura raph 2. II there sh~?11 be a def~?uft under any o[ the pro~~isions o( tliis mort~age resulting in s public sxle o~ the preniises co~•ered hereby, or it the ~lorlgaRee ~cquires the property otherwise a[ter ciefault, the \tortgakee as trustee shall apply, st tt~e time of the con~mence~nent of such proceediiega or at tt~e time the property is otl?er~ ise Kcquired, tt~e amount tl~en remaining to credit oi ~iortgagor under (s) of parapraph 2 preced~ng as a credit on the interest accured and unpaid and the balance to ttie principal then reniaiaing unpaid on sa~~l n~te. 4. He will piyr aQ tues, aesee~ents, wat~er ntes. and other ~overnmentsl or municipal cherges, fiaes, or impoatione, for which proviaion haa not been made Lereinbeton, and ia default thereot the Mortgagee msy p~y the •ame; and thst he will promptly deliver the o8'icial reoeipta t6erefor to the Morcgagee. b. He will permit~ o~mmit~ or suHer no waate, impairment~ or deterioration of esid property or ~ny psrt thereof eucep! reaeonable we~r und tear; and in t6e event ot the failure of the Mortgagor to keep tha buildin~s oa said premises a~ Woee to be erected on said pnmiees, or ianprovements. thereon, in good repsir, the Mortgagee msy mske wch npairs as in its discretion it may deem neoeesary for tbe pmper preeenrstion t6ereof~ and the full amount of each and every auch psyment ahall b~ due and p~yable thirty (30) days atter demsnd, and ehall be eecured by tbe lien of t6is mortg,~e. 6. He will pay all and eingulss the oosts, cbarges, and axpensee, including ressonable lswyer'a fcee~ and oosts of abstracts of title~ incutn~d or paid st aay time by be Mortgag~ee bec~?uee of the failure on the part of the Mortgagor promptly and fully to pertorm the agreementa and oovenante of esid pmmieeory note and this mortgage, and sa:d 0 ooete, chargee, end eupeneee ahall be immediately due and psysble snd sh~?U be eecured by the lien of this mortgage. 7. He will oontinuoue~j msintsin bazani insurance~ oi such type or types snd ~mounte ~ Mortgsgee m~~ from time to time require, on t6e impmvements now or hereaiter on said premises and e.tcept when payment , tor all such premiums hae theretofore been made under (a) oi parsgraph 2 hereof 'he will pay pmmptly when due any prEmiums therefor. All insurance ahall be carried in oompanies approve~ by Iliortgagee and the poli- ciee and renewals thereoi ahall be Leld by Mortgagee and bsve sttached thereto loee payable cfauses in favor oi and in form seceptable Lo tLe Mort,qsqe~. In event of lose ha will give immediste notice by mail to Mortgagee, •nd Mortgsgee may make proof o~ Ioes if not mada pmmptly by Mortgagur, and each inanrance oompany ooncerned is hereb authorized and directed to mske payment for such lo~a directly to Mo~ee instead ot to biortgsgor snd ~ortgagee jointly~ and the inaurance proceeds, or any part thereof, may be app 'ed by 111ort~ gagee at ite option eather to the reduction of the indebtednesa hereby secured or to the restorat~on or repair of the pmperty dama~ed. In event of foreclosure of this mortgage or othet transfer of title to the mortgaged property in extinguiahment oi the indebted.neee eecured hereby, ail right, Ltle, and inteceat of the Mortgagor m and to any inaurance policies- then in force ahall pssa to the purchaser or grantee. 8. He will not execute or file of record any instrument which imposes a restriction upon the sale or occu- pancy ot the property described herein on the basia of race. oolor, or creed. 9. If the premisos, or any part thereof, be condemned under the power of eminent domain~ or acquired for a public use, the damuges awarded, the proceeds for the taking of, or the consideration for such acquisi- tion, to the ertent of the full amount of the remaining unpaid indebtedness secured by this mortgage, are herebr assigned to the Mortgagee, and his heirs or assigns, and shall be paid forthwith to said Mortgagee or his assignee to be applied on account of the last maturing installments of such indebtnesa; provided, hoc: - e~er, the IVlortgeg~e or 6is assignee, may at his discretion-pay d'uect to the Mortgagor, his heirs or assigns an~ part or all of such award; ptovided, t6at if t6e loan is ~uaranteed~or insured, t6e consent of the guaran- tor or insurer is obtsined in advance of said psyment. ~ 10. The ~iortgagee may, at anp time pending a suit uppn tnis mortgage~ apply to the court hwvin~ jurisclic- tion thereof for the appointment oi a receiver, and such cou~t shall fortfiwith appoint a receiver ot the premises , covered hernby all and singular~ includin~ all and singulsr the income, profits, issues, and revenues Irom ~~hat- ever source denved, each and every of v?hich, it being ezpressly understaod, is hereby mortgaged as if specifically eet forth and described in the granting and habendum clauses hereof. Such appointment shsll be made by such court as an admitted equity and a matter of absolute right to said 1lortgagee, and without reference to the adequscy or inadequecy of the value of the property mortgaged or to the solvency or insol~ency of said Mortgagor or the defendants. Such rents~ profits, income, issues, and revenues shall be applied by such receiver lien of thia mort e and the ractice of such court. In the event of an default on the art accordin ta the gag p Y P B d the :~fortgagor hereunder, the ~fortgagor agrees to pay to the .Liortgagee on demand es a reasonable monthlv rental for the premisea an amount at leagt equrvslent to one-twelfth of the aggregste of the twelve monthly installments payable in the then current yesr plus the actusl amount of the snnusl t~ces, assessments, wster ~ rates, and insurance premiums for such year not covered by the aforesaid monthly peymenta. 11. In the event of any breach of thia mortgage or default on the psrt of the Mortgagor~ or in the event ~ that i?ny of said sums oi money herein referred to be not promptly and fully paid according to the tenor hereof, or in the event that each and every the atipulstions, agreements, conditiuns, and covenants of snid note and thia mortgage, are not duly, pmmptly~ and fully performed or if the Mortgagor be adjudicated bankrupt or msde defendant in s bankruptcy or receivershi~ proceedinga; then in either or any such event, the said aggre- ~ gate sum mentioned in said note then remaui unpaid, with interest accrued to thst time, and all money au~ng secured hereby, shell become due and payable forthw-ith, or .thereafter, et the option of seid 1liort~e~ee, as _ fu~~~ qnr~ ~mm~~ntn~v qc if a11 thP ngi~i anma ni .;cic uCl Ilil S[I U~B~ t0 be aid on such da~ , flII~ - thing in said note or in this mortPage to the contrar~? notv~rithstanding; and thereupon or hereafter, nt the option ~ ~ of said 111ortgs~ee, without not~ce or demnnd~ awt at law or in equity~ mav be prosecuted es if all mone~ s 6 aecured hereby hnd metured prior to its inatitution. Z`6e Mortgegee ~ey foreclose this mortgr.ge, ss to tfie ~ smount so declared due snd payable~ and the said premises ahall be sold to satiafy and pay the same together with costs eapenses. and allowances. In case of partial foreclosure of this mortgage , the mortgeged prnm~ses _ ahall be so~d subject to the continuing lien of this mortga~e fur the amount ot the debt no~ then due and ~mpaid. ~ In such case the provisions of this paragrsph may agaui be availed of thereafter from time to time by the ~ Mortgagee. ~ 12. No waiver ot any covenent herein or of the obligation secured hereby shall at eny time tl?ereatter be ~ held to be s waiver of the terms hereof or of tbe note secured hereby. z ~ 13. The lien ot thia instrument ahall remain in full force and eHec~ during any postponement or cxtension • _ of the time ot payment of the indebtedness or any part thereot secured hereby. - ~ 14. This mortgage ia given Lo secure the purchase money, or a part thereof~ of the landa herein described md ia executed and delivered contemporaneously with the deed therefor. • 's 15. If the Mortgagor default in any of the covenants or agreementa contained herein, or in said note, then the Mortga~ee may perform the same, and all eapenditures (including reasonable attorney's tees) mede by the ` Mortgagee m so dou~ ahall drew interest at the rste pmvided for in the principal indebtedness, nnd sl~all Ue a repayable thirty (30) daya atter demaad, and~ together with interest and costs accrued thereon, shell be secured ; ~ by Wis mortgage. ~ 16. Upon the request of the Mortgagee the Mortgsgor ahall eaecute and deliver s supplementmi note or ~ notes for the sum or sums advanced by the Mortgagee for t~he slteration, modernizetion, improvement, msin- ~ tenance, or repair of said premises, for taxes or sasesament8 ageinat the asme and for any other purpose suthor- ' ized hereunder. Ssid note or notes ahsll be secured hereby on a paritq with and as fully ss ~f tl~e advance avidenoed thereby wue included in the note firat described sbove. Said sup~l~n note or aotes ahall bear ~ Bo~K~'~'i ~~2U~~ - ~ _ - ~ _ _ - {