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HomeMy WebLinkAbout1390 ; 4. That he will pay ail taxes, essessme~ts, aate~ retes, and other go~•ernmental o~ municipal cherges, iines, ot impositions, for rvhich pcovision has not been made hereiobetoce. end 'en detault the~eot the mortgagee may pay the same; and that he will pcomptly delive~ the officiAl receipts thecefo~ to the moctgagee. S. The~t he will pera~it, canmit, or suttet no waste. impai~ment, or deterioration o[ said property o~ any part • thercof; arnl itt the event o[ thc failure oE the mortgagor to keep the buildi~gs on said p~emises and those tobe erected on said premises, ur improvements thereon, in good repei~, the moclgagee ~nay malce such ~epciirs as in its discretion it may deem necessar~ tor the propet pcese~vation thereo[, and the full amount o( each and every such : payme~t shall be ~mmcdiately due and peyable, and shall be sc~cuced by the lien of this mo~tgage. ' 6. That he will pay all and singular the costs, charges. and expenses. including ceasonable lawye~'s tees. - a~d rosts of abstracts of title, incurred or paid at a~y time by'he mortgagee because of the failure on the part ot the mortgagor pcomptly and full~ to perform the ag~eements and covena~ts of said promissory note and this moct- gage, and said costs, charges, and expe~ses shall be immediately due and payable and shall be secured by the lien o[ this murtgage. ~ 7. That he v?ill keep the improveme~ts now exis!ing or hereaf r erected on the mo~tgaged pcopeK~, insureJ as may be cequired from time to time by the mortgagee agair?st loss b~r fire and othe~ hazards, casualties. and contin- ~encies in such amoants and for such.periods as may be tequired by t..xtgagee, and will pay promptly, when due, am• premiums on such insu~ance [o~ paymenf of which provision has not been made hereinbefore. All insurance ~ shall be carried in companies approved by mortgagee and the policies and renewals thereof shall be held by mort- gagee and ha.•e attached thereto loss payabie cleuses i~ favor of and in form acceptabte to the mo~tgagee. In ' e~•ent of l.~ss he will give immediate notice by mail to moctgagee, ared mortgagee may make proof of loss if not made pcomptly by mo~tgagor, and each insurance company concerncd is hereby authorized anc~ directed to make pa~•ment for such loss dicectly to moctgagee iastPed of to mortgagoc a~d mortgagee jointly, and the insurance pra- ceeds, or any pa~t thereof, may be apQlied by mortgagee at its option either to the reduction of the indebtedness heceby secured oc to the restocetion or repair of the prope~ty damaged. In event of f~eclosure ot this mortgage or other transfe~ oE title to the mortgaged propertS in extinguishmerit of the indebtedness secured hereby. ail right, title, and interest of the mortgaga in and to any insurance policies then in force shall pass to the purchaser or grantee. ' ~ ' • 8. That the mortgagee may, at any time pending a suit upon this mortgage. apply to the court hav~ng jurisdic- tion thereot (or the appointment of a receiver, and such court shall [orthwith appoint a receiver of the premises covered ~hereby a11 and singular, including all snd singular the income, profits, issues. and revenues from whatever : source derived, each and every of which, it being expressly understood, is hereby mortgaged as if specificali~• set fo~th end described in the granting and habendum clauses hereof, and such ceceiver shall have all the broad and effecti~e functions and pow~rs in anywise entrusted by a co~rt to a receiver. and such appointment shail be made by such court as an admitted equity and a matter of absolute right to said r.~ortgagee, and without reference to the adequacy cr inadequacy of the val~e of the property moctgaged or to the solvency oc insolvency of said mortgagor or the defendents, and that such rents, pro[its. income, issues, and revenues shall be applied by such receiver according to the lien of this mortgage and the pcactice of such couct. In the event of ae~y default on thP pact of the mortgagor hereunder. the mortgagor agtees to pay to the mortgagee on demand as a reasonabte monthly rental for ~ the premises an amount at least equivale~t to one-twelfth (1!12) of the aggregate of the twelve monthly install- ments_pa~able in the then current year~lus the actual amount of the annua! taxes, assessments,_water rates~ and_ _ - - . _ insurance pre:niums for such year not covered by the aforesaid monthly payments_ 9. That ~ in the event of any breach of this mortgage or default an the pad of the modgagor, or (6/ in the e~ent that any of said sums of money herein referred to bc not promptly a~~d fi~lly paid without demand or notice, ~ or i:•? in the event that each and every the stipulations, agreements, conditions, and cocenants of said note and ~ , this mortgage, are not duly, promptly, and fully performed; then in either or any such event, the said aggregate : sum mentioned in said note then remaining unpaid, with interest accrued to that time, and all morteys secured ~ hereby, shall beeome due and payable forthwith, or thereafter, at the option of said a~~x~gager, as fully and com- ~ pletely as if all o( 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 co~~rary notwithstanding; and thereupon oc theteafter, at the option oE said mortga- ' gee, without notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured hereby had matured prior to its institution. The modgagee may foreclose this moctgage. as to the amount so declared due and pay~able, 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 modgaged premises shall be sold subject to the con- tinuing lien of this mortgage (w the amount of the debt aot then due and unpaid. In such case the pro~ isions of this paragraph may again be avaited ~f thereafter from time to time by the mortgagee. ~ 1Q. That the mortgagor wil! give immediate notice by mail to the mottgagee of any conveyance, transfer, or change of awnership of the premises. 11. That no waiver of any covenant hetein or of the obligation secured hereby shall at anp time thereafter be held to be a waicer of the terms hereof or of the note secured hereby. ` ~ ~ - ~ 12. That i( the mortgaga default in any of the covenants or agreements contained herein, or ~n said aote, then the mortgagee may perform the same, and all expenditures (including reasonable attorne_y's fees) made 5S the ~ mortgagee in so doing shall draw interest at the rate set forth in the note secured he~eby, and shall be repayable immediately and v~ithout demand by the rt~odgaga to the mortgagee, and, together with interest and costs accruing thereon, shall be secuced by this modgage. 13. that the mailing of a~ritten notice or demandaddressed to the owner of record of the modgaged premises, or dir~cted to the said owner at the last address a.:tually furnished to the modgagee, or directed to said ovQner at _ said mortgaged premises, and mailed by ti~e United States mails. shall be sutiicient notice and demand in any case arising under this instrument and requiced by the provisions hereof or by law. 14. The nor~agor further covenants tt~t. should this mortgage and the note secured hereby not be eligible for insurance unaer 'the National Nousing Act ~o'Gthin ~~~S (rom the date herepf; haritten statement of any officer of the Depa~tment of Housir~g and Urban Development or authorized agent of the Secretary of Hous- i ing and Urbza Development deted subsequent to the ~~YS time from the date of this mortgage, : declining to insure said note and this mortgage, being deem•~d r_onc~usive proot of such inel~gibility), the mortga- j gee or t~e holder d the note may, at its opti~n, declare all sums secured hereby immediately due and payeble. The covenants here~n contained shall bind, and the benefits and advantages shall inurr to, the respective heirs, executors, ad~in~strators, successors, and assigns d the parties hereto. I~henever used, the singutar num- ber shall include_the piur37, the plural the sing~lar, and the use ot an~ gender shali ir.clude all genders_ ~ - ~ so~~ 193 1388