HomeMy WebLinkAbout0751 S. Th:d h~• w•~:l ~x•tm~t. i'.~mmil. o• su(fer•~0 wast~. impajtm~•n1, ur detrnuratiun u) sa~d p:u~K~~l~• ~u any pa~t
thr~r~~f, :~nd ~n th.• ~•~•e:it i?i th~ t.uture u( thc• muttK:igur to kri•p thr hu~ici~ngs un tiaul pn•m~~~•s .~~d thuse tubc
rrrr~ec! ~~n ~a~d prem~~rs. u~ ~mpru~~rma•n?. thi~~rcn. ~n K~x! rr~vii~. Ihr mutlKaK~~c m.~~• m:~ke- ~uch n•~~:~~~x~:i>: ~n ~t~
d~ticrrhun tt ms~~ deem rK cc ssat~• (ur tF.t~ pru~x•~ prrsen•u1 ~un the~~ot, :+nd Ihe (uU umuunt ui ~~ach and r~•e~~• such
~ui~ mrnt tihall bP imm~til~.~trly d~K .+od p:~vubli~. :~nd ~hall bc' CE'l'Ufl'(I Il)' IFII` Iien c~f th~~ murt~;aK~•.
h Th.+t he aill pa~ :~11 und ~~ngular the r~~t~, chu~ges, and r~~nsrs, ~nclud~nK re:~s~uu+til~• IuN~•~•r'~ t~•e~,
.~nd r~~.t~ oi ah~tracts o( tNlr, incurr~•d u~ Ewid al tiny ttme b~ lht~ muttgagee.bec.iuse o( Ihe ta~lun• on Ihi ~k+rt o(
thr m.~rlga~;.?c prumptly and full~• E~etf~xm Itie .+g~~Y•ment~ and coven:~nts of said prum~ssory nute~ :~nd this murt
ga~;r; :+nd said cci.ts, chtirg~s, and ex{~n~e~ shull t?c imnxd~atel~ due :+nd Fx+yable .+nd shall be sc~cur~~t Ly tht~
lu~n i~l th~c murl~.iKc. -
~ Thal he w~il keep the ~mpruv~•m~nt` nuH exishng or hemafier erecfed un tht murtRag~~d pro~xtty, ~nsurcd ~s
ma~• be requi~ed (ram ~~me to t~me b}• Ihe mott~;aK~•e aR~+inst loss b~~ tite and othen c~uards, rasualt~es, and contin-
~;c•nr~rs ~n such .~mount~ :+nd fo~ su: h~x•t~od~ as may t?e tequ~red by mcxtgu~ce, and will psiy promptly, when due,
an~• prer.i~urt~~ on such ~nsurance tor paym~ nt uf which proe~~~an has not becn made here~nbe[ore. Atl in~urance
.hall be cart~ecl in compan~~~ appro~•ed b~~ mortg:igee a:~d the policie~ and renewal~ iheaeof shal) bc held Ly must-
k:~gec and ha~•e attachrd thet~to luss pay.+ble cl:+useti in (a~•o~ r( and in (u~m acceptable to the mortguKee. ln
r~•~nt o( 1~.ti. he w•ill gi~~c immcd~atc~ nat~ce by ma~l to murtg~+Kec, and mortgagee rt?a~ make ptoc~( ~~t loss ~f nut '
rna3r prumpliy by morig.~go~, and each in~urance cump:+n~ conce•rnecf is herreby autho~ized ~ne! d~sectrd to make _
Eu~}•me~t f~x such loss ~iceclt~~ to mortgaKee instead of to mortgagcx and mortgagee jo~ntly, and the ~nsuranct pro-
reeds, u~ an~• patt thereof, may be ap~lied by mortgagec at its option eilher to the reductiun o[ the ~ndebtedncss
h~crbv secured or to the resto~ation oc iepa~r of the property damaged. In eveM o( (oreclosure ot this mortRage or
uthcr transfe~ uf title to the mortgaged pcaperty in extinguishment of the ~ndebtednes~ secured hereby, all r~ght.
t~tle, and intecesl of the mortgagot in and to any insur.~nce policies then in force shall pass to the purrhaser cx
~;ran~ee.
3. That the mo~tgagee may, at an~~ time pending a suit upon this mortgage, apply to the court ndv~nK jurisdic-
t~on theceof fot the appointment ui a receiver, and such court shall (orthwith appuint a rece~ver o( the prem~ses
,•o:•ered hereb}• all and singulat, including a!1 and singular the incomP, profits, issues, and revenues fmm wh:~tever
wurce deri~~ed, earh and e~~er~• of which, it being expressly understood, is hereby mortgaged as it specif icatly set
f~~rth and drsrnbed ~n the granting and habendun clauses hereof, and such receiver shal! have all the brcaad and
cffrrt~~•e functions aad poveers in anywise ~ntrusted b~~ a court to a receiver, and such appointment shall be made
b~• .uch couct a~ an :~dmitted rqu~ty and a matttr,oE absolute right to sa~d mortgagee, a~ without reference to the
.+dequac~~ oc ~nadequac~~ of the ~•alue of the pioperty mortgaged or to the soh-ency or insolvency of said mortgagor
.~r the de!'endent~. and that such rents, pro[its, income, issues, and revenues shall be dpplied by such receiver
:+ccording to the lien of this :nortgage and the pcactice oE such court_ in the e~~ent of any default on the pa~t of the ;
mortgagor hereundec, the murtgagor agrees to pay to the mortgagee on demand as a reasonable monthiy rental [or ~
the premises an c~mount at ledst equivalent to one-twelfth (1.'12) of the aggregate of the twelve monthly install- ~
ments pa~•:~ble in the then current year plus the actual amount of the annual taxes, assessments, water rates, and
~nsurance premiums tor such year not co~•ered by the aforesaid monthly payments.
Q. That >>n the e~•ent o[ an~• breach of this mottgage or de[ault on ihe part of the mottgagor, or in the
e~~ent that an~~ of said sums of moneY herein referred to be not promptl~• and Eully paid without demand or notice.
.~r ~ in the e~•ent that e.~ch and every the stipulations, ag~eements, conditions. and covenants of said note and
th~s mortgage, are noi dul~~, p:omptly, and Eull}• per(ormed; then in either or any such event, the said aggregate ~
:um mentioned in sa~d note then remainmg unpa~d, with interest accrued to that time, and all moneys secured
~ereb~, shail become due an~ payable forthwith, or thereafter, at the option of said mortgagee, as fully and com-
pleteh- as if ail of the said surr~s of money wete originally stipulated to be paid on such day, anything in said
note or ~n this modgage to the co~ztrary notwithslanding; and thereupon or thereatter, at the option of said matga-
gee. W itfiuut notice ur demand, suit at law or in equity, may be prosecuted as if all moneys secured hereby had ;
matured prior to ~ts institution. The mortgagee may foreclose this mortgage, as to the amount so declared due and
pa~~able, and the said premises shall be sold, to satisfy and pa~ the same together with costs, expenses,aad allow-
ances. In case-ot partial foreclosure of this mortgage, the mortgaged pre:-~ises shall be sold subject tu ti?e con-
:~nu~ng lien of this mortgage for the amount of the debt not then due and unpaid. In such case the Provisions of
this paragraph ma~• again be acailecl ot thereatter from time to time by the mo~tgagee.
10. That the mortgagor will gi~•e immediate notice by mait to the mortgagee of any conveyance, tran5fer, or
change ot ownership of the premises.
il . That no v?•ai~•er oE an~• covenant herein or of the obligation secured hereby sha:! at any time thereafter be
hetd to be a Wai~~er oE the terms hereof or of the note secured hereby.
12. That if the mortgagor default in any of the covenants or agreements contained herein, o~ in said note, then
the mortgagee r.iay perform the same, and ali expendituces (inciud~ng reasonable att~rney's fees) made by the
^ortgagee ~n so ~oing shall draw interest at the rate set forth in the note secured hereb~•, and shall bc repayable
ie~mediatel~• and without demand by the mortgagor to the mortgagee, and, together with interest ard costs arcruing
thereon, shall be secured by th~s m.,rtgage.
13_ that the mailmg o( a writter~ notice c?r demandaddressed to the owner of record of the mortgaged premises.
ur d~rected to the said owner at the last address actually furnished to the mortgagee, or directed to sa~downer at
sa~d erortgaged pcemises, and mailed by the United States mails, shall be sufficient notice and demand in any
case as~s~ng under this ~nst~uTent and requi~ed by the provisions he~eof or by law.
14. TY~.~,~qr,t_gagor furthar covenants that .s~?quld this mortgage and the note $~cured hereby oot, be eligible
for insurance titr'der the lVational Housi~g Act wiA~in ~~YS ~ from the dat~ 1~Preo~:(aritten~stqbta~r~%i
uf a~~• officer of the Department of Housing and Urban Development.or authorized agent of the Secretary o[~Nous-
~r,g and Urban Qec@(Opmerit'datM:=yb~e4uent ~ia the ,~y~ : time from the-date uf this mortgage.
decl~ning to insure s2id note and this mortgage, being deertr?d"c~~~fc'tLSive prqof of such inel~gibility), the mortga-
gee cx the holder of the note may, a1 ~ts option; decla~e ail sums secured hereby immediately due and payable.
The cosenants herein conta~ned shell bind, and the benefits and advantages shall inure to, the respective ~
helrs, exec~tors, admir.istrators, successcxs, and assigns o( the parties hereto. Nhenever used, the sin~ular num-
ber sha.t ~nclude the plural, the plural the s~ngular, and the ute ot anq gencler shall ~nclude all genders.