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Home My WebLink About2969 1 B) All buildings, structures. and improvements o[ every nature whatsoever now or hereatter aituated on the "I.artd", and all fixtures, mach~ne~y, equipment and personal p~ope~ty o[ every nature whatsoever now or hereatter owned by the "E3orrowec" and located in, ort, or used or inte~ded to be used in connection with o~ with the operation ot sa~d "I.and", buildings. structures or other improveme~ts, including all exten- s~ons, additio~s, ~mpcovements, betterments, renrwals and replacements to any of the toregoing; and aU ot the nght. t~tle and i~lerest ut thP "Borrower" tn any such personal property or fixtures subject to a condi- tional sales co~t~act, chattel mo~tgage ur sim~lar lien or cla~m togethec w~th the benetit ot any depatits or payments ~ow or hereatter made by lhe "Borrower" or on its behalf. TOGETHER with all easemcnt~, r~ghts of way, gores o[ land, streets, ways. nlleys. passa es. sewer rights, w•aters, watec courses, v?•ater nghts and powers. and all estatrs, r~ghts, titles, interest, pnvileQes, lib- e~t~es, tenements, hereditaments, and appurtenances whatsoever, ~n any way belon;;ing, relating or apper- ta~n~ng ta any o[ the prope~ty he~einabove descr~bed, o~ whrch hrrea[te~ shall in any way belong, relate o~ be appurtenant thereto, w~hether now uw•ned or he~eatter acqu~red by the "Borrower", and the reversion a~d re~ers~ons, remainder and ~emainders, rents, issues, prof~ts th~rr~.,t, and all the estate, right, title, inter- est, property, possess~on, c!a~m and dema~d v?hatscever at law, as w•eli as ~n equity, of the "Borrower" of. in and to the same, includir?~[ but nut I~m~tcd to: lA) All rents, prot~ts, i~sues and re~•enues of lhe Mortgagecl Property trom time to time accruing. whether under teasrs or tenancirs now exist~ng or he~ea[ter creatrd, reserv~ng to "Borrower", however, so long as "Borrower" ~s not ~n default hereunder, the right to rece~ve and retain the rents, issues and protits thereot; and, (B) All judRments, aw•ards o[ damages and settleme~ts he~e:?ttrr made resulting from condemnation proceed~rtgs or the tak~ng ot the pren.ises or a~y part thereo[ under the power ot eminent domain, or for any damage tK•hether caused b~• such taking or otherwise) to the prem~ses or the improvemenis the~eon or any pa~t thereo:, or to any rights appurtenant thereto, including any award tor change ot grade or streets. "L.ender" is he~eb)~ authon~ed on behalf and ~n the name of "Bo~ruv?•er° to execute and deliver valid ac- quUtances for, and ta appeal trom. any such judgments ur av?•arc1.. "Lender" may apply all such sums or any part thereot w rece~ved. after the payment o[ all ~ts expensec including costs and attorney's tees, on the indebtedness secured herery ~n such manner as ~t elcYts, or at ~t~ option, the ent?re amount or any part thereot so rece~~•ed may be released. TO HA~~E AND TO HOLD the :Hortgaged Property and all parts thereof unto the •'Lender", its suc- cessurs and acs~Kns to its ow n proper use, benef~t and bchcwf (urever, sub~ect however to the terms and cund~Uons herein~ PROVIDED, HUV~'E~'ER, that these presen~c are upon the c~~n~i~tion that, it the "Borrower" shall pay or cause to he pa~d tu the "LendEr" the princ~pal and interest p:~yable ~n respect to the note, at the times ar.d ~n the mannr~ stipulated thereln and here~n, all w~thout :~ny deductiun or cred~t tor taxes or other sim~lar charges paid by thc "Borrow•er", and shall keep, perform and e~bserve all and singular the covenants and prom~ses ~n the note. and any renea•al, extens~on or mod~ficat~un thereof, and in this mortgage expressed to be kept, performed and obser~~ed b}• and on thc p~rt of the "Burro~.•er", all v~ ithout fraud or delay, then this mortgage, and .~II the properties. ~nterest and rights heret~y Kranted. barga~ned, sotd, aliened, remised. released. com•eyed, a:_ciRned, transferred. mur2CaRed, hypothecated, pleciCed, del~~•ered, set over, warranted and confirmed, shaU crase, determine and be~~oid, but shall otherw•ise remain in tull furce and etfect_ AND the "Burrow•er" cmenants and agrees K~th the "Lender" that: ARTICL~ ONE Pirticular Covenants of the '•Bono~rer'• 1.01 Per(ormance ol~Note and Mortsase. The "Borrower" vrili per[orm, observe and comply with all pro~•isions hereof and of the note secured hereby anc: w•iil duly and punctually pay to the L.ender" the ' sum ot mone~ expres.ced ?n the note w~iih interest thereon and all other sums required to be paid by the ~ "Fiorrower" pursuant to the provisions of th~s mortgage, all w~thout any deduct~ons or credit tor taxes or ~ other semilar char~.s pasd by the "Borro~•er". 1.02 w~rr~oiy ot 1Ytle. At the time ot the enseal~ng and deli~•ery of these presents, the "Borrower" is well se~zed of an ~ndefeasible e~tate ~n tee s~mple in the land and real property hereby mortgaged and has ~ goc~d and absulutc t~tle to all existing personal praperty hereby murtKaged and has good right, full power ~ and Iaw•tul authont~ to cun~ey and mort;age the same ~n thc manner and [orm aforesaid; that the same ~s tree and clear oi all I~ens, charqes. and encumbrances ~~•hatsoe~•~r, including, as to the personal property , and fixtures, cond~tional sales contracts and an~th~ng oi a s:m~lar nature, and that "Borrower" shall and ! will u•arrant and torever defend the title therelo. ~ 1.03 ~'tont6ly Ta: Depasits. If required by the "Lender", the "Borrower" will pay to the "I.ender" ~ on the first day of each month together with and ~n.add~tion to the regular installment of principal and in- terest, until ihe note ?s tuUy paid, an amount equal to one-twet[th ~ 1/12) of the yearly taxes and assess- ments as estimated b~• the "Lender" to be sufficient to enable the "Lender" to pay at least thirty (30) days be[ore they become d~e, atl taxes, assessme~ts. and other s~m?lar charges aga~rut the Mortgaged Prop- erty or any part there~f. Such added paymenLt shall not be, nor be deemed to be, trust funds, but may be comminqled with the genersi funds of the "I.ender", and no interest shali be payable in respect thereof. Upon demand of the "Lender" the "Borrower" agrtts !o del~ver to the "Lender" such additional moneys as are necessary to make up any detic~encies in the amounts necessary to enable the "L.ender" to pay ~ such taxes, asses.:ments and similar charges_ In the event ot a detault by the "Borrower" in the pertorm- ~ ance ot any ot the terms. co~•enants or conditions tn the note or mortgage, the "L.ender" may apply to the ~ reduct~on of the sum~ secured hereby, ~n sucb manner as the "l.ender" shall determine, any amount under ' thu Paragraph 1.03 of Art~cle 1 remaining to the `•Borrower's" credit. ~ 1.04 Other Ta:e~. IJea~ aoa vnue~ ebar~. ; t a 1 The "Borrower" w~ll pay promptly, when and as due, all charges tor utilities, whether public or i ~ pri~ate, and will prumptly exhibit to the "I.ender" rec~ipts for the payment ot, all taxes, assessmenta, water = rates. dues, charges, f~nes and impositiont ot every nature whatsoev~r ~mposed, ltvied or ass~s.xd or to F ~ be imposed, ler~ed or assessed upon or a~unst the Mortgaged Property or any part thereot, or upon the ~ ~ ~nterest o[ the "Lender" ~n the Mort~a~ed Property (other than any ot the ~ame tor which pmvision has ~ been made in Paragraph 1.00 of this Article 1), as w~ell as all income taxes, assessmenLt and other ~overn- mentat charges law•[ully lev~ed and imposed by the United States of America or any state, county. mu- ~ mc~pai~ty, borough or other taxinQ authority upon the "Borrower" or in respect of the Mort~aQed Property ! ~ or any part thereof, or any charQe which, if unp+id, would become a l~en or chorge upon Lhe Mort~a~ed ~ ` Property pnor to or equal to the lien of the mort~aQe tor any amounts secured hereby or would have ' ~ pnonty or equal~ty w~th the mortQa~e in distribu4on ot the proceeds ot any toreclosure aaie ol the MoK- ~ g gaged Property, or any part thereof. [ ~ rb) The "Borrower" will not suiter any mechanic's, laborer's, statutory or other litn which mi~fit or ; ~ could be pnor to or equal W the lien of the mortsa~e to be created or to remain outttandtn~ upon any of # ~ the :4lortgaQed Property. ~ ~c) In the e~•ent ot the p~ssa~e of any state, federal, municip~l or other governmental la~; or~3er, rule ~ or rcgulation. subsequent to the date hereot, in any m~nner chang~nQ ot mod~tyirta the laws now? in foroe ~ govermng the taxat~on of mort~ages or debts secured by mort~a~es or the manner ot collectinj Lsd so ~ as to aitect adversely the "Lender", the entire balance of the pnnc~p~l sum secured by the mort~ase aod M ali interest acccued thereon shall writhout notioe become due and p~y~ble torthwith at the option ot tlie ~ "Lender". ~ i ~ (d) The "Borrower" wi!1 par ~?hen due and w?ili not suffer to remain outatandins, ac~ char~p fos ~ ~ _ ut~l~ties, whether public or private, with respect to the Mort~~~ed Property. • ; ~ i ~ -3- B~~ly4 ~ ~ ~ ~