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HomeMy WebLinkAbout0395 ~the~e~i cy. Su~p~ ment ahaU•bp m~de within thirty (30) day~s nfter written notice tro?n the ~fortga~ee 'sfatit~g th~ an~oun~, bf Etie deficienry~ v6hich nolice may be g~ve~ by mail. It at any time ttie ~tortgagor slia~l tender to the :lfort~agee in accord~?nce with the provisions ot the nots secured hereby~ full payment oi the entire indebtedne9s represented thereby, the Wlortgagee as trustee shall, in computing the wmount of such indebtedness~ credit to tl~e account of tl~e linrt~n~or any credit balance remeining under the provieions of (a) of said paragrapl~ 2. If there sl»ll be a de[KUI~ under any of the pro~ isiona of tbis mortgage resulting in a public sale ot the premises co~•ered liereby~ or if ~he ~iortgaf;ee acquires the property otherwiae sfter ; defeult, the Mortgegee as truatee ahall spply~ et the time at the commencement of such proceedinga or st : the time the property ~a otherwise acquired~ the amount then remnining to credit of hiortgagor uader (s) oE ` para~raph 2 preced?ng as a credit o~ the interest accured and unpaid and the bala~ce to the pripcipal then remuning unpeid on sei~i nnte. 4. He wiD p~,y aII t~es. aeeee~eats, wstee nt~. and otbez ~ovesnmenW ae municiP~t ehui'ae0. 6nee, or impoeitiona for which pmovision haa not beea made hareinbefore, and m defsult thereof t~he Mortg~gee m~y p~,y tLs eame; and Wati he will prompt~y deliver the o~cid reoeipts tberefor to the Mortgag+ee. b. He will permtt, eommit, or e~8er no w~ste, imp~?irme~{~ or det~erloration of eaid ~ope~rty eeany p~rt thereot eseept reas~nabb wear and t~ear• aad in ths event of tbe failure of tLe Mortg~gor to kcep the buildinds oa 'esic~ premises sad tbaee to be erecte~ on said pnmises, or imp~ovementa thereon, in ~ood repair the Mortaagee an~y auka sueb rep?its ~s ia its d'uscretioa it may deem ncoeee~sy for the proper preeervstion tbereo~, and the full unount of each aad every such piyment sbaU be due ~nd P~Y~ ~Y ~ Jt~ demand~ aad ~ball be eecured by the Ii~u of t~his ~rtpae. . 6. He will pay sil aad ainsular the oosts, c and expeaees~ including reaeonabk l~wyer's fe~s, and oosts et abstracts ot titie, incurred or paid st a~r ~ime: ~~ort~ee becauee of the failure on the part of ihe Mortgagor ~ P~'~PVI' ~ fully to pe~rtorm tDe a~e~ments and~oovenant~ of eaid promise~ry note snd Lhie mortga~e. and as:d f oosta, chsrges, sad e~cpensea ehall be immedisteb? dus aad p~,y~b1e aad a6all be secuced by the lien of thia mortg~e. 7. He wiU oontinuoua~j maintain hasard iasuranoe, oi such tiype or t~pee and amounta aa Mortg~gee m~~ , ; from time to time require, on Lhe improvementa now or hereafter on said prsmisee and e~cept wrhen psymen0 ~ tor all suc6 premiuma h~s tberetofore been made under (s) of parsgnph 2 hereoi ~e will p~y prompt1y when - 1 due sny premiums therefor. All insuranoe ahall be carried in o~mpanies sppcovea by I?iort~gagee and tha poli- ~ ciee aud nnewals thereoi shsll be Leld by Mortgsgee snd b~~e attached thereto laes payable crausee ia isvor oi ~ ei ~ and in form aoceptsble to tha Mo In event of loes ha will give immedi~te aotioe by mail to Mortgagee, aad Mortgsgee msy malce proof o if not made prompt~y by Mortg~gor, and each inauranoe oompiw~ ~ ooncerned ia hereby~suthoriaed and directed to make payment for a~ch loes direc to Mo~t~a~ instead oi to Mortgegor snd Mortgagee jointly, aad the inaurance prooeeda, or anY Put there~ . m~y be spp~ied by I?iorb- ~agee ~L its option either to tbe reductaon oi the indebtednesa hereby secured or to tLe reatontion or repair oi Lhe property dama~ed In event of foreclosure of this mortgage or other transfer of title to the mortgaged ~ property in ~tingwshment oi the indebtednees eecured hereby, a~l right, title, and interest oi the Mortgag~or ' m and to aay inaurance policies~ tLen in force ahall psss to tLa purchaeer or g~anf~ee. 8. He wiil noL eaecute or Sle oi record any inatrument which imposes a restriction upon Lhe sale or occu- = pancy of the property deecribed herein on the b4sis of race. co14r~ or creed. 9. If the premis~, ar any part thereof, be condemned under the power of eminent domain, or scquired for a public use; the damoges awarded, t.he proceeds for the taking of, or the consideration for such acqwsi- tion, to the extent of the full amount of the remaining unpaid _ indebtedng~ eecured by this mori,~age, are hereby assigaed to ttie Mortgagee, and hia heirs or assigns, gnd shall be paid.` Jorthwith to said Mortgagee or his assignee to be applied on account of the last maturnig instsllments of such indebtnesa; provided, ho~: - e~er~ the Mortgag~e or his assignee, may at his discretion pay d'uect ta the Mortgagor, his heirs or assigns any part or all of such award; pmvided, that if the loan is guarsateed ot insured, the consent of the guaran- tor or insurer is obtained in advance of seid~a yment. 10. The 111ortgagee may~ at sp~y Lime pen 'ding s suit upon tn~s mortga~e spply to the court hsvin~ jurisciic- ~ Won tt?ereof for the sppointment oi. a receiver, and such court shall fort,b~nt~ a~point a receiver of the premises j covered hereby all sad singular, includin~ all and singular the income, profita. iasues, and revenues [mm ~rhai- ~ ever source denved~ each and every of w hich it being expressly underatood, is hereby mortgaged as if apecifically ` I set forth and descnbed in the grenting an~ hsbendum clauses Lereof. 3uch appointment shall be made by ~ ; F such court as an edmitted equity and s mstter of absolute right to said ~iortgagee,.aqd without reference to : the adequacy or inadequacy of the value of the pmpertq mortgaged or to ~ie ~sol'vency or insolrency of ssid ~ ~ Mortgagor or the defendants. Such rents, pmfits, income~ issu~~ end revenues ahall be epplied by such receiver ~ ~ according W the lien of this mortgage and the practice of auch court. In the event of sny default on the part § ~ ot the I4iortgegor hereunder, the `fortgagor a~ees to pay to the ~1or sgee on demand ~a a reasonable monthlv = ~ rental for the premisea an smount st least eqwvalent to one-twelith of theaggregste of the twelve monthly ~ installments peyable in the then current year plus the actusl amount ot the annual tsaes, asae~ments, water ¢ rates, and insurance prnmiums for such year not oovered by the aforesaid monthly psyments. i 11. In the event of any breach of this mortgage or default on the part of the Mortgagor, or in the eveat ~ that any of said sums oi money herein refen~ed to be not promptly and fully psid sccording to the tenor hereof~ ~ or in the event thet each and every the atipulstiona, agreementa~ oonditiona, and covensnta of said note and ~ • and fu11v oerformed or it the Aiortgsgor be ad'udicated banl:rupt or ~ msde defen ant in s bankruptcy or receivershi~ proceed~s; t2~en in eitLer or any suc event, t e sai aggre- ~ gate. sum~ b~enl~oned W= sa?d not4 tl}en remaining unpaid,,wit6 interest a~crued to that time,. apd all money ~ secw~ed hereby, shalI become due snd psyable forthwith, or thereaiter~ st t1~e option oi seid 1liortgagee, es ~ fully snd completely as if aU the said sums of money were originslly atipulated to be paid on such dsti ~ an~ - thin m said note or m this mor to the contr notwithstandin and thereu n or thereafter, et the o Uon ~s g t~age u'~'• B: , Po P of said Mortga~ee, without nohce or demwd~ suit at law or in equ~ty, msv be pmsecut~ed ss if all monevs ~ eecured hereby had matured prior to ita institution. The Mortgagee msy loreclose this mortgage, as to the - amount so declared due and psyable, snd the ssid premises shsll be sold to astisfy and pay the same together ~ with coats expenses, and allowances. In cage of partisl foreclosure of this mortgsge, the mortgaged prnm~ses sha11 be so~ld subject ta the continuing lien oi this mortga~e fur the amount of the debt not then due and ~inpaid. In such case tbe pmvisions of this paragraph tnsy again be aveiled of thereatter from time to time by the = Mortgagee. t2. No waiver of any covenant herein or of the obligation aecured hereby shall st eny time thereatter be held to be a wsiver of the terms hereoi or of the note secured hereby. I3. 'The lien of thia instrument sha11 remain in full focce and efiect during sny postponement or e~tension , ;i:; oi the time of psyment of the indebtednesa or any part thereof secured hereby. - 14. This mortgage is given to eecure the purchase money, or a part thereof, of the lands herein described ~ and is ezecuted and delivered contemporaneously with the deed therefor. x: 1 S. If the Mortgagor default in any of the covensnts or agreementa contained herein, or in said note~ then the Mortgs~ee may perEorm the same, snd all eapenditures (including rnes~nsble sttorney's fees) mede by the _ MortgageE in so domg shall draw interest at the rate provided for in the pnncipal inJebteclness~ and sl?sll be repay ~sble thirty (30) dsys after demand, and, toge~her with intereat aud costs accrued thereon, shall be secured _ by this mortgage. 16. Upon the requeat of tLe Mortgagee the Mortgagor shall eacecute and deliver s aupplemeatal note or ;n=:_ aotes for the aum or aums advanced by the Mortgagee tor the alteration, modemizi?tion, impmvement, main- tenance, or repair of said prem'sses, for texea or aesesaments agsinat the a~me snd for uny other pnrpose autl~or• ized hereunder. Said note or notes sh~ll be secured hereby on a parity with and as tuUy as d the advance = e~idenced thereby w~~ PAGE~ ~~0~ ~t described above. ~i~~ ~ppleme~~~ or notes ahall bear Y = g~Q~ 1 . r ~2 ~n : ~ . _ . ' . - ~ .:_,~a W „v _ . . . . ~ . . _ _ . . ~ . . . _