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HomeMy WebLinkAbout1331 5 ~ ~ l'hat hc• H ~ll pc•~m~t, runimU. .u tiuffe~ ~o weslc, imp~?itA~ent, u~ deterio~atian ut said pru~K~~ty or ~ny purt thcm.~f, und ~n thc• evrnt u( the~ t,ulure the mu~t~.~~;ut h~ kecp the build~ng~ on ~a~d premises uroi Ihuse tube c~rrc•Ie~i un ~atd prc m~~e~. ix ~mptu~~rm~•nt~ Ihetrun, tn guud «p.+it, the motlg:~R~e may m,~ke such mpaits ~n its di~cu-tion ~t moy deem ~ecex~:~ry (ot the pto~xt ptesen•utton thereo(, and the (ull am~unt of each and e~~ery ~uch ~H~~~m~•m ahi~ll be ~mmad~.~tcl~• due and pu~•uble, :~nd ~h.~ll be scruced b~~ the lien of this murtg:~g~r. b Th:~t h~ Nill pa~• all und ~ingular the r~sts, chu~ge~, uncl ezpenses, includ~ng teasunable lawyer's (ees, und co.ts uf abstrart~ u( title. ~ncucn~d ut {wid at any 1?me by the muttKugee .ber~use of the f~~turr on Ih~ part of thr mu~tKa~;.x pramptl~• u:id fully to pe~f~xm the aRc~emrots and co~enants of said p~umissory nute and th~s mort- 6.i~;r, and ~.~~d re•.ts, rh:~r~;e~, :~nd ex~x•nses shatl br immcdr+teiy due and p~+~•able and shatl be securcd b~• the lu•n uf th~~ nwtt~;aKc. ~ That hr w•ill krep the impru~•~~ments nov? exi~ting or hereafte~ etectecl un the mortgag~~d prope~ty, insured as _ m.i~• be « quurd (rom time to time b~• Ihe murtgagee against lats by fire aod othe~ hazards, casualties, and coatin- ~;rnrif•s in ~urh amount. :~nd tur su~•h pc~tiodz as may be required by m~xtgagee, and w~ll pay promptiy, whrn due, an~• oremtumc on ~uch ~ocacance tor pa~~ment uf which pruvi~ion hat not been made hereinbe[ore. All insurancr .hall b~ rarried ~n comp:+n?~s ~ppco~•ed by mwtgagee and tne pol~cies and renev?als thereof shall be heid by mort- K:~~;e~c :~:~d ha~r att:~chrd thcnto lo~s payable clauseti in [H«x of end in t~cm acceptuble: to the mortg~gee. !n rc~•nt ot lu~s he w:!! g::z ~mmediute notirr by ma~l to moctgagee, and mo~lgagee may make proof o( loss if not made prumptl~• b~• mo~tgagw, and each insurance company concerned is hercby authorized and d~~ected to make N;~~•mrnt I~x ~uch lo~s dimctly to mortgagee ~nstea.~ ot to mortgaRor and mottgagee jointly. and the ~nsurance pro- rerds, ur any part thereot, may be apptied b~ mortgagee at ~ts op~ion either to the reduclion of the indebtedness hereby ~ecured ur t~~ the ~esl~ration ot rcpi~ir of the properly damaged. In event of foreclosure o( this mortgage or ~*the~ transfer of title to the martgaged pcopetty in extinguishment of the indebtedness secured heceby, all right, ' title, and intere~t of the mcxlgagoc in und to any insurance policers lhen in (occe shall pass to the purchaset or " Krantee. 8. That the mottgagee may, at an~ time pendeng a suit upoo this mottgage, apply to the court havinq jurisdic- t~on theceot for the appointment of a receiver, and such court shall (orthwith appoinl a receiver ot the premises cus•ered he~eby al! and s~~gula~, includi~g all a~d singular the i~come, profits, issues, and revenues itom whateve~ .r~urce den~~ed, each and e~•ery uf which, it being expressly understood, is heteby mortgage.~ as it speci[ically set f~~rth and descr~bed in the gr~nt~ng and habendum clauses hereof, and such receiver shall twve all the broad and c~ffect~~•e function~ and pvwers in anywise entrusted by a court to a receiver, and such apQointment shall be made b~• such court :~s an admitled equity s~nd a matter of absolute right to said mortgagee, and without reference to the :;dequart• or inade9uacy of the ~•alue ot the praperty mortgaged or to the solvency or insolvency of said mo~tgagor :~r the drfendents. and that such rents, profits, income, issues, and revenues shall be applied by such ~eceive~ ;+ccording to the lien of this mortgage and the practice ot such court. In the eveat o[ anyi deEault on the part of t'~e mortKaga hereunder. ,the moctgagor ag~ees ta pay to the mortgagee on demand as a~ reasonable monthly rental !or the ~remises an,amount at least equivalent to one-twelith (1!12) of the aggregate oE the twelve monthlyinstatl- ments pa~•able in the then current y~ear plus the actual a~ount ot the ennual taxes, assessments, water rates, and ~nsurance p~emiurtms for such year not covered by the aforesaid monthly payments. 9. That ~ in the event of an} bceach of this mortgage ur default on the part of the mottgagor, or (t, i in the e~nt-that-anY-c~f s-aid sLms-o( znartey-herein~eferred-t~be-not-prampN~an~-fnftp-paid-witfiotrt demandar noticg-- vr ~ in the ece,~t that each and every the stipulations, agreements, conditions. and covenants o( said note and thi~ r.:origage, are not dul~•, promptly. and fully pe~formed; then in either or any such event, the said aggregate ~um mentione~ in said note then remaining unpaid, with interest accrued to that time, and atl monevs secured :~erebt•, shall become due arsd payable forthwith, or the~eafter, at the option of said mortgagee, as fully and com- ; pletel}• as if all of the said sums of money were originally stipulated to be paid on such day, anything in said i note or in this mortgage to the contrar~• notwithstanding; an~ thereupon or thereafter, at the option of said mortga- gee, v?ithuut notice or demand, su~t at law or in equity, rtiay be prosecuted as iE all moneys secured hereby had matured prior to its institution_ The murtgagee may toreclose this mortgage, as to the amoant so decla~ed due and pa~•abte, and the said premises shall be sold to satisfy and pay the same together with costs, expenses,and allow- ances. In case of partial foreclosure of this mortgage, the mortgaged premises shall be sold subject to the con- tinuing lien of this mortgage for the amount of the deM not then dne and unpaid. In such case the provisions of th~s paragraph may again be availed of thereafter Erom time to time by the mortgagee. 10. That the mortgagor will give immediate notice by mail to the mortgagee of any com•eyance, transfer, or change of ownership of the premises. 11 _ That no waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held to be a waieer o~ the terms hereof or of the note secured hereby. 12. That if the mortgagor default in any of the covenants a agreements contained herein, or in said note, then the mortgagee may perform the sar.~e, and all expendituces (including reasonable attorney's• fees) made by the mortgagee in co doing sha~l draw ~nterest at the rate set forth in the Rote secured hereby, and shall be repayable iTmed~ately~ and withaut demand b~• the mortgagcx to the mortgagee, and, together with interest and costs accruing thereon, shatl be secnred by th~s mortgage. 13. that the mailing of a written notice or der,zand addressed to the owner of record of the mortgaged premises, ur d:rected to the said owner at the last address actually furnished to the martgagee, or directed to sa~downer at sa~d m,ortgaged premises, and mailed by the United States mails, shaU be su~ficient notice and demand in any case arising under this instrument and required by the provisions hereoE or by law. la. The mortgagor twther covenants that should this mort~age and the note secured hereby not be eligible far ~nsurance under tha National Housing Act w~thin l~i)" L-:', : Ecom the date hereof (written statement ~f en~ o[ficer of the Department o( Nousing and Urban D~veLo,pm~ent or authorized agent of the Secretary of Hous- ~ng and Urban De~•elopment dated subsequent to the .~lti.'(y LQ . time Ecom the date of this mortgagr, decl~n~ng to ins~re sa~d note and this mwtgage, being deecm~d conclus~ive proof uf such ineligibility), the mortga- gee or the holder of the note may, at its opt~on, declare all sums secured hereby immediately due and payeble. : ~ " The co~•enants herein contained shall bind, and the benefits and advantagas shall inure to, the respective ~ heirs, executors, administrators, successors, and assigns ot the parties hereto. qhenever used, the singuler num- ber shat! ~nc!ude the pturai, thr plural the singular, and the use of any gender shall ~nclude all genders. ea~ 1~3 13~,9 ~ -