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HomeMy WebLinkAbout2812 S. That h~ aill pi~rmit, cumm~t, ur su(fet oa waste. ~m~:i~r.ieot, o~ detenucation of ~a~d propert~• or an~• part th~•reuf; .~nd ~n thc e~~c~nt o( the (.iilure uf the murtgago~ to kcep the build~ngs on ~a~d premises and thuse tobe enti•ted un s.+id pcemises, or tmpro~•~mrnts thereon, in guod rep:~~~, the mwrt~agc~ ma~• cr:ake such rep~irs os ~n its d~scretiun it may dec•m nc~ce~sa~~• for the propet ptc•servat~on thereof, and the [ull amount of each arxl e~•er~~ such payme•nt shall be ~mmediately d~e and pa~•able, and shal! be secu~cd b~• the lien of th~s mortgage. 6"fhat he wilt pay all and s~ngular the costs, charges, and expenses, including ~easunable lawyer's fees, .~nd co~t. af ab~t~a.•ts ut title, mcurred o~ paid at any time b}• the murtgagee berause of the (a~lure on the part of the m.~~tgaguc p~omptlp and fully to pe~(orm the agreements a~ co~•enants of sa~d ptomissoty note and th~s m~t- gaKe, ~+nd ~a~d cusls, rharges, aod expenses shall be immediatel~~ due and p:+~•able and shail be secuad b~ the ltc•n uf th~s murtg:~Ke. That he will keep the impruvements now ex~sting or hereafte~ erected on ihe mortgaged pcopert~•, insured as ma~ be required (rom time to time b~• the murtgagee against loss b}• tire ~nd othet hazards, casualties, and cont~n- Renru•~ in .uch amountti :~nd [ur such periods as ma~• be tc~quired b~• moctgagee, and v?~11 pa~ prompUy, v?hen due. am• prem~ums on such insurance for payment o( K•hich provi~ion has not been made here~nbefore_ Ali insurance shcili be rarried ~n companies .ippro~•ed by moctgagee and the polic~e~ and ~eneN•als thereof tinall be held by mott- K.~~;ee and ha~•e attae•hed thereto lotis pa~•~ble clauses in (a~•or of :~nd in [orm acceptable to the mortgagee. ln c~•ent oi luss he aili gi~~e immediate notice b}• ma~l to mortKa~ee, and mortgagce may make proof of loss it not made promptl~• by mo~tgdgor, and each ~n~urance cumpany concemed is heteb~• authori2ed and d~tected to make ~+~~ma~nt (or such los. dicectly to mortgagee instead of to mortgagor and mo~tgagee joinll~•, and the insurance pro- ceeds, or an~• part thereof, may be applied b~• mortgagee at its option either to the reduction of the ~ndebtednes~ herrb~• secured ot to the resto~ation ot rep~+ir oE the propc~t}~ damagcd. ln e~•ent of foreclosure of this murtgage or uther tran~Eer of title to the mortgaged property ~n extingu~shment ot the tndebtedness secured hereb~•, ali nght. title, and intece~t of the mortgagor in and to any insurance policies then ~n force ~hall pass to the purchaser « Krantee. R. That the mortgagee may, at any time pending a suit upon this mortgage, appi}• to the coud 6s~•~ng jurisd~c- tion thereof for the appointment oi a receiver, and such court shall tarthwith appoint a receiver of the prem~ses cu~•ered hereb~• ail and singular, including all and singular the income, profits, issues. and re~e~~les fcom shate~•er s~,urce deri~~ed, each and ever~~ of v?hich. ~t being expressiy understood, is hereby moctgaged as if specificall!• set forth and described in the grant~ng and habendum clauses hereof, and such recei~~er shall have all the broad and eifect~~•e functions and pouers in anyMise entrusted by a court to a rece~ver, and such appoiniment shall be esa3e b~• such court as an admitted equity and a matter of absolute nght to said mortgagee, and without reference to the adequac~• or inadequac~• o( the ~~alue of the p~uperty mortgaged ot to the sot~~ency or insolvenc~ of said mortgagoc or the defendents. and that such rents, profits, income, issues, and revenues shall be applied b~• such recei~•er .+ccording to the lien of this mortgage and the practice of such court_ In the ea•ent of an~• defaolt on the part of the ^iortgagor hereunder, the mortgagor agrees to pay to the mortgagee on demand as a reasonable monthl~ rental for the premises an amount at least equivalent to one-twelft:~ (1 `12) oE the aggregate of the twel~•e monthl} instali- ment~ p~t•dble in the ther, current year plus the actual amount of the annual taxes, assessments, water rates, ar~d ~n~urance prem~um~ for such ~~ear not covered b}• the aforesaid monthly payments. 9. That i~,. in the e~•ent o( an~~ breach of this mortgage or de[ault on the part of the r.iortgagoc, or , in the e.-ent that am• of said sums of money herein referred to be not promptl~• and fully paid without demand or notice. .~r ~n the e~~ent that each and evety the stipulat~ons, agreements, conditions. and co~enants of said note and this rnortgage. are not dul~•, promptly, and fully performed; then in either or any such e~•ent, the said aggregate surn mentioned ~n said note then remaining unpaid. W ith interest accrued to that time, ard all mone~s secured hereb~-, shall become due and ga}~able forthwith, or thereafter, at the option of said moctgagee, as fully and com- ~ I~ pleselS• as :f a!1 of the said sums of money were originaily stipulated io be paid on such day, an~-thing in said ~ note or ~n this mortgage to the contrary notwithstanding; and thereupon ot thereafter, at the option of said maiga- ; gee. K•ithout notice or demand, suit at law or in equity, may be prosecuted as if a;l moneys secured herebc had ! ^~atured prior to its institut~on_ The mortgagee r.:a~ foreclose this moRgege, zs io the amount sa declared due and - pa~-able, and the said premises shall be sold to satisfy and pay the same together with costs, expenses.and allov~- • ances_ In case of partia! foreclosure of this mortgage, the mortgaged premises shall be soid subject to the con- ! tinuing lien of th~s mortgage for the amount ot the debt not then due and unpaid. In such case the procisions of th~s paragraph ma}• again be availed of thereafter from time to time b~~ the mortgagee. ~ 10. That the mortgagor wifl give immediate notice by mait to the mortgagee o[ anS conce}ance, transier, oc change of ou•nership of the premises. 11 _ That no wai~•er of any covenant herein or o( the obiigation secured hereby shall at an~• time thereafter be held to be a:cai:•er of the ~E'I!fIS [I~'I~'!~! or ~f thr note secured hereb}•. 12. That if the n;ortgagor defauit in an~~ of the co~•enants or agreements contained herein, a in said nde, then the mortgagee ma~• perform the same, and all expenditu~es (including reasonable attocne~~'s feesl :r:ade b~• the ^~ortgagee in so doing shall 3rak interest at the rate set forth in the note secured hereby, anc.' sha11 be repayable ir.~med~ateh• an~ wrthout demand b}• the mortgagor to the mortgagee, and, together with ~nterest a~ cost:; accru~ng ~ thPreon, shal, be secured d~~ th~s mortgage_ ~ 13. that the r.~aiGng of a wntten notice or demandaddressed to the ow~er of recotd of the mortgaged prea;ises. ~ ;,r directed to the said owner at the last address actuall~• furnished to the mortgagee. or directed to saidov~ner at >~~d mortgaged premises, and mailed b}• the United States mails, shal) be sufficient notice and denand in any ~ case ar~s~nq under th~s instrument and required b~ the provisions hereof or by law. ~ l~i. The mortgagor further covenants that should this mortgage and the note secured herebt• not be eligible for ~n~urance under the National Nousing Act with~n from the date hereof (vrr~tten statecrent - uf ~nt officer of the Department o( Housing and Urban Development or authorized agent of ti~e Secretarc oE Hous- ing and Urban De~•elopment dated subsequent to the time from the date oE this mortgage. ~ decl~n~ng to ~nsure sa~d note and th~s mortgage, being deem~~d conclusive proof of such ineligibil~ty), the rilortga- ~ Ree r,r the hvlder of the note may, at its option, declare all sums secured hereb}• ;cnmed~atel}- due and pa~able. ~ The cu~~enents herein containPd shali bind,~and'-the benefits and advantages shait inure to, the respecti~-e ; heir~~ exrcut~N~~?iytr~~t~,, sy~cg~se~~, and ass,gns o( the part~es hereto. K'hene~•er use~, the s~agular nuc~- ~ ,er sFal. in~lu e~fie"p'IuraC, ~f ~luiaf'~~ }~ular j~ the use of any'-~eMder sha7'f~~?tdf•~~_~endy~?.~~Q ~ ~ ~ ~ .4. + ~ ~ . ~ ' ~ ~?194 2Si~0 ~ ~ . , ~ ~ ~ - - _ _ ; ~ ~ _ . - . . ~ _