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HomeMy WebLinkAbout1710 . -4 . . S. Tbat he wiU pecmlt. caamlt. or adff~t e~ ~~r 't. a deteriaatlon oE said propeKy ot aay p~R tbtreof; ~ad ia the ~vent ot ths' fNilure dE the~~a~o~ t ~ bulldin~,s on said premiaes ~nd tbose tob~ encted r~n ~ald paaises. a lspcovewots tbsceoa. In good rep~k. t1~e matp~ee awy ~ke such eep~irs~os in its discretlou it ~y de~s necessay Eor the p~oper pesse::.t:~:. and the full •mouat of aach aad every such~ p*yaient slwll bt imsediately due aad poyr~bls~ Rnd shall be secuced by the l~en of thts aact~aee. 6. T6~t h~ ~?ill poy •!I and slnsul~r tLe costs. clur~es~ and expenses. iacludin~ ceasoapble lawyec's fees. aad costs of abstrocts of tltle, Incnrred ac poid at aay time by the maNgagee becau~e of the f~ilure oa the pott of the mortgpga promptly and fully to perfa~s ths aqce~ements ~ad coveaants of aaid promisaory note aad this mott- ga`e. and said costs. cherges. aad expeases shall be immediately due and payable aad shall be secured by the liea af thls aa~igage. 7. Tbat be Mrill keep the impcovemeats now eYisting oc hereafter erected on the ~eatga~ed p~opecty. iasuced as may be required fcom time to time by the matgagee againat I~s by firc and other hasards. caswlties. and contin- gencies Ia such anwqnts and for such periods es mey be ~quired by matgagee, end ~rill pey promptly. when due. any pcemiums on such iasurance for payment of ~vbich provisioa bas not been made heceinbetae. All insarance shall be canied ~in compenies appcoved by matgagee and the policies and renewals theceof shall be held by mo~t- gagee and have attached thereto loss payable cleuses ip favor of and in form acceptable to the moitgagee. In eveat of loss he will give immediate_ notice by mail to matgagee~ ac~ mortgagee aiay maloe proof of loss if aot mede promptly by mortgagor, and esch iasurance compaay concerned is hereby authoriaed and d'uected to make payment fa such loss directly to ao~tgagee instesd of to matgagoc aad matgagec3 jointly, aad the insurance prw ceeds, or eny ped thereof, may be applied by matgegee at its optioa ~ither to the reduction of the indebtedness hereby secured oc to the restoratioa a repair of the properfy deaeged. In eveat af foreclocure of this a?ortgage or other transfer oE title to the moztg~aged pcoperty in eYtinguish~oent d the indebtedaess secuced hereby. all right, title. sa~ :~erest of the. mpctgpga ia aad to any insurance policies then in fotce shall pess to the purchaser oc g[HA~ee. - : . 8: That the matgagee may. at any time pending a suit upon this mortgage, apply to the courf hevi~g jutisdic- tion theteof foc the appoiat~aent of a ceceiver, end such coud shall forthwith appoint a receiver of tlie pcemises covered hereby all and singalar, iacluding all and si~gular the income. prafits, issues, aad ravgaues from whatever source derived, each and every of ahich, it being expressly understood, is hereby mortgaged as if specifically set fodh and described in the granting and hebendum clauses hereof, and such receiver shall bave all the bro~d and effective functions and powers in anywise entrusted by a couct to a receiver, and such appoiatment shall be made by such co~ut es an admitted equity-and a matter of absolute right to ssid mortg4ag~a,: aad vwit6out reference to the adeqnacy or inadequacy of the value of the property mortgaged or to the' sat~;ency ot 5asoivbn~y of said mortgagor or the defendents, aad that such rents. profits. income, issnes, and revenues l~ed by such receiver accotding to the lien of this modgage aad the practice oE such cowt. In the eve ~in default on the part of the mortgagor hereunder. the matgagor agrees to pay to the mortgagee ou demand as a ce~aoaable monthly rental for the premises an amount at least eqpivalent to oae-twelfth (1/12) of the aggregate vf the tw~Ive mont6ly install- ments payable in the then cunent year plus the actual amount of the annaal ta~tes, assessments, water retes, and insarance premiums for such year not covered by the aforesaid monthly peyments. 9. That (a) in the event of any breach of this mortgage or default on the pad of the modgagor, or (6) in the event that any of said sums of money herein referred to be not promptly aad fully paid withouZ demand or notice, or (c) in the event that each aed every the stipulations. agreements, conditions, and coveasats of said aote and ' this modgage, are not duly, promptly, and fully performed; then in either. oc any such event, the said aggregate sum aientioned in said ~ote then remaining unpaid, ~with interest accrued to that time, and al! moneys secnred hereby. shall become due and payable forthwith, a thereaker, at the option of said mortgagee. as fully and com- pletely as if all ~ the said sums of money were originally stipulated to be ~aid a~ snch day, anything ia said note or in this modgage to the contrary notwithstandiag; aad thereupoa or thereafter, at the option of said matga- gee, without notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured hereby had matured pcio~ to its institution. The moctg,agee may foreclo~e this matgage. as to the amow~t so declared due and payable. aad the said premises shall be sold to setisfy and pay the same together with costs, expenses,and allow- - ance~. Ia cese of pettial faeclosure of this moctg,age, the m~tg,aged premises shall be sold sabject to t6e con- € tinuing lien of this cwrtgage fa the amount of the debt aot then due and unpaid. In such case the provisions of ~ this paragrapk may agaia be availed of theceafter from time to time by the mortgagee. . ~ 10. That the modgagor aill give immediate notice by mail to the modgr,agee of any conveyance, transfer, or ~ change of o~mership of the premises. 11. That no waiver of any covenant herein or of the obligation seciued hereby shell at any time thereafter be heW to be a viraive.r of the terms hereaf or of the note secuced hereby. 12. Ti~at if the inortgsgor default in any of the covenants or agreemeats contained hereia, or in sa~ note, then the mortg,agee may perform the saa~g, and all expeaditures (including reasonable attacney's fees) made by the mortgagee in so doing shall draw interest at the rate set Eath ia the note secnred hereby, and shall be repeyable immediately and aithout demand by the mottgaga to the mortgagee, aa8, togethec with iaterest and costs accruing thereon, shall be secured by this mortgage. - ~ 13. that the mailing of e vrritten notice or demand addcessed to the aaner. of record of the mortgaged pcemises, or directed to the said owner_ at the last addtess actuallp furnished to the mortgageey a directed to said owner at' said moctgaged premises, and mailed by the United States mails, shaU be sufficient notice aad demaad in an~,~ case acisiag under t6is instma~ent and requiced by the provisiaos her~of o~ by laW. ~ 14. The modgagor cavenanta aad agcees thqt so long this matg,age aad ibe said note secured 6ereby are insured u~ the provisions of the Natiooal Hous~ng' Act. he will not execnte~ or' file for recocd a~r instrument ~ which imposes a restriction upoo the. sale or occupancy of the mortg,aged pcopedy oa the basis of race, colac, or creed. Upoa any violatian of this undectaking, the mortg,agee may, at its option, declare the unpeid balance of the debt secnred hereby immediately due and payable. 15. 'Ph~ mortgagor further coveaaats that should Wis moctg,a~e and the note secnced hereby not be eligible f~ insurance undec the Natiooal Housing Act pithin 30 Dqys from the date hereaf (written statemeat of any officer oE the Depactment of Housing and Urban Develipment oc auth~ized ageat of the Secretary of Hous- ing and Urban Developmeat dated subsequent to tt~ 30 OAy time from tbe date ef t6is moctg,age, de~lining to ins~ue said aote and thia mortg,ege. being deemPd coacl~iver pto0f of sudl iAellgibillty). the moctga- gee ec the holder aE the aote may, at its option, declare all sums secured bereby immediately duie aad peyable. T6e coveaants herein coataiaed shall bind, and the' benefits aqd_ advantages shall iaure to, tbe respective heirs, ezecutas, administratas, successors. and assigps af tbe pa~tles hereto. IMhene'ver used, the siagular num- ber shall include the plural, the plural the singular, and the use of any gendei shall include all geaders. °aooic 1~ ~ - - _ ~ - _ x~