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HomeMy WebLinkAbout0422 , • ~ 1'h:~t h~~ ~~•ill p~•nn~t. c~~,r,~;~~~t. ,~t sulfer no ~~~.~~te, tmpai:~rcr.. :;t detenoration of s.+tci pro~~riV ot a~ny pa~t th~°re•.~i, and in thr ~~~~~nt vl thc~ t:ulure~ uf th~~ murl~;,~~;ur tu krrp th~• build~nK~ on said premisrs an~i th~se tobe rercte~d un ~:+id prem„~•~, ur ~mpruci•mc~nts ih~~rr~~n, ~n ~;u~~ mpa~r. !hr murt~;:,K~•e m.~~• cnuke ~urh reFk~its .~s tn ~ts dis~•rrt~un ~t ma~• derm nc~c~~~s`.~r~~ fo~ thc~ propc•r pn•serratwn therrof, and the full ~+mount o( rach and e~•er~ such ~>:~~inc•nt ~h:~ll be ~mm~•c~i.?ta~l~• duc• .~nd pu~:~ble•, and tih,~ll be securrd by the lien ut this murtg~,Ke. h"I~h.;1 he ~~•ill p.~~ ull and s~nE;ul.ir the c~sts, chargr~l, and exExnses. intlud~nK reasonable law~~er's (ee~, anii cu,tc ~~f ::h~tr:+rtti ~~C t~tlr. ~ncurrc~d or paid at e+ny time byth~~ murtKagc•e.because uf the fa~lure on the p~~rt of th~~ :nurtR,~~;.~r prumptl~~ and fu115• ta Exrturm thr aKcerments and cu~~enants o( said ptumissory nute and this mort- ~;u~;r. .~nd .<~~d costti, ch.u~;~~~. :+nd cxEx~nses shall be immediatel~ due and p:+~~c+ble und shall be ~ecured bp the lu~n ~~t th~s r:~ort~;:~Ke. ~ Th,~t hr ~ciU krc•p thc~ ~mpru~~•m~~nts nuw~ rxtst~nk or herr:~ftet erected on the murt~aged prupert), insured as ~ m.+~ be a•:~uired (tum itmi tu time b~~ the• mottkaRre a~;ainst ?oss b~• fire und :;ther hazards, casu~ittes, and contin- _~;c~u~t~z-~n such amounts and (ur such ~x~ri~~~ a~ m<~y be required b~• murtgaKee, and w~(! pay promptly, when due, f ;+n~ pcrmiums un such ~nsuranre for p<+ym~•nt ot wh~ch pro~~is~on has n~t hPFn made hereinbefore. All insurance : ~h.~ll b~~ c,+cried i« cc~rnp.+n~c•ti .~ppr~~~ed by mort~aKee .ind the pol~cie~ and renew~als thereot shall be hel~i by mort- ' Ra};ec~ :,nd h,,cc~ attacht~d thrrMu l~~ss {~:~~cible clausrti in faror of and in farm acceptable to the mortgaKee. ln r~~c~at uf l~~tis he ~~~ll K~~e immediatc• notice b~• mail to murt~;aKee, and mortga~ee ma}~ make proal of loss if not rr..~de prumptl~• b}• murt~.iKor, and each ~nsurance~ cumpan~• concemed is hereby ~uthorized and directrd to make ~~a~mc•nt fur such lu~s directlp to mort~,~Kee instr~~d of to ~nortgagor and mortgagee jointly, and the insurance pra- ce~•ds, ur c+n~~ p,~rt th~reuf, may be applied b~• mortKagee at its option either to the reduction of the indebtedness hereb~~ sccured ur tu the rt•~turation or repa~r of the propert~• damaKeei. In e~~ent o( foreclo~ure of thts mortgage or other tr:,n~fer of t~tle to the murtKaged property ~n eKtinguishment o( the indebtedness secured herrby, all right,_ ~ titie, and intere~t of the mortgagot in and to am~ insurance policies then in force shall p:~ss to the purchaser or ~;rantec. i ~ K That the mort~;~~~;ee may, at an~~ t~me pending a suit upon this mortK~~ge, apply to the couri having jurisdic- s ti~~n thc~reof fur the appuintment of a recei~~er, and such court shall forthwith appwnt a rece~ver of the premises s, co~ered hereb~~ all and sinKutat, ~ncluding all and ~in~ufar the ~ncome, profits, issues, and revenues from whatever i s~~urce den~•ed. each and e~•er~~ of which, it be~nK expressiy~ understood, is hereb}~ mortgaged as if specifically set forth and drscnbFd in the granting acici habendum clauses hereof. ;,nd such receiver shall ha~~e all the btoad and ~ effecti~e funct~uns and puu•ers in an~~w•i~e entrusted by a court to recei~~er, and such appointment shall be made ~ h~~ such court as an ;+dmitt~~d equit~• an~ a matter of absolute right to said murtga~ee, and without reference to the adequac~ o~ madequ~c}~ oE the ~atue of the property mortgaged or to the sulvency or insolvency of said mortgagor ; ur the detiendents, and that such rents, profits, income, issues, and te~•enues shall be applied by such receiver .~cc~~:d~n~ to the lien of this mortKage and the practu-e of such court. In the e~~ent of any default'on the part of the ;^urtR~+K.~r herr~under, the n,urt~agor agrces to pay to the mortgagee on demand as a reasonable monthly rental Eor ' the premises an .~muunt ~,t least equ~~•aient to one-tweifth (1 '12) of the aggregate of the twelve monthly install- ru~nts pa~c+bie ~n the then cacrent pear plus the actual amount of the annual taxes, assessments, water rates, and ~ ?nsurance Fremiums for such ~~ear not covered bp the aEoresaid monthly payments. That ~n the e~ent of an~• breach of this mart~age or default on the part of the mortgagor, or ~h~ in the - c~~ent that <+m of said sums of ~::aney here~n referred tv be not promptl~• and fully paid w•ithout demand or notice, - ~~r ~n the e~ent that e~:ch :,nd c•~•er~ the stipulations, agreements, conditions. and covenants of said note and ' th« ~ortgaKe. are not dul~~, promptl~•, and fulit• performed; then in either or any such event, the said aggregate ~a s~m mentioned in s~,id note then rema~ning unpaid. w•ith ~nterest accrued to that time, and all moneys secured ; hereb~, sha~l become due and payable forthw~ith, or thereafter, at the option of said mortgagee, as fully and com- = pletei~ as if a!1 of the said sums of mone}~ were originatly stipulated to be paid on such day, anything in said - nute or ~n thi~ murtQaKe to the contrar}• notw~ithstanding; and thereupon or thereafter, at the option of said mortga- Kee, w•ithuut notice or demand, suit at law~ or in equ~ty, ma~~ be prosecuted as if all mone}~s secured hereb~~ had y matured prior to its institution. The mortRagee may foreclose fhis mortgage, as to the amount so declaced due and " pa~s~bie, and the said prernises shall be sold, to satisfy- and pa}• the same together with costs, expenses.and allow- ~ ance~. In ca~e of partial foreclosure of tnis mortgage. the mortgaged premises shall be sold subject to the con- - ttnutnQ lien of th~s mortga~e for the amount of the debt nat then due and unpaid. in such case the pro~~isions o! ; this p~raKruph r.,a}• aga~n be availed of t;~ereafter from time to time bp the mortgagee. 10 7~het the mort~agor w~ll ~i~e ~mmed~ate notice b~~ mail to the mortgagee of any com~e}•ance, transfer, cx - c;~an~e of o~~nership of the premises. , :F=~ I1. Th~t no u~ai~•er of am• cocenant herein or of the ubhgation sec~red hereby shali at any time thereafter be !:eld ;o be a w~i:~er of the terrrs heceof or of the note secure~ herebv. 12 That if the mort~agor default in an~ of the cot~enants or agreements contained herein, or in said note, then ~ the mort~~gee m.~t~ perform the s~+me, a~~ all expenditujes (includ~ng reasonable attorney's fees) made by the ~ r,~urtga~ee in sv doing sha11 draw int~rest at the rate set forth in the note secured hereby, and shall be repa}•able ' immediatel~~ and ~cithout dem~nd b~~ the mortKa~or to the mortgagee, and, together with interest and costs accruing thereon, shail be secured b~• th~s r~ortgage. 13. that tne ma~linK o( a w•ritten nutice or demar.d~ddressed to the owner of record of the mortgaged premises, ur directed to the said c~~ner at the last a~ciress actuall}• furn~shed to ihe mortKagee, or directed to saidowner at s.:id re~rt~;a~ed premises, and mailed b~• the United States mails, shal! be sufficient notice and demand in any c~+se ansing under this instrument and required b}~ the procisions hezeof or by law. ' 1-3. The mortgagor further cc~venants that stiould this mort age and the note secured hereby not be eligible for insur~,nce under the National Housing Act w•ithin from the date hereof (written statement of ,+n~ otficer of !he Department of Hous?nK and Urban Dr~•elopment or authorized aKent of the Secretary of Hous- inK and lrban [~e~~etopment dated subsequent to the 30 flA~ time from the date of thls mortgage, declining to :nsure s~id nute anc3 this rrortgage, being deem~~d conclusive prooE of such ineligibility), the mortga- qee or the holder of the note may~, at ~ts upt~on, declarr all sums secured hereby immediately due and pa}able. The c~~enants here~n conta~ned shall b~nd, and the benefits and ad~~antages shall inure to, the respective ; - heir5, exf•cutor~. administra;c~rs. Succeti5cxs, and atisigns of the parties hereto. N'hene~•et used, the s~r;gular num- 3 E~er tihaii :nc-!ude the plura'.. the piur~l the s~nKu~ar, and the use of any gender shal! include a11 genders. 80GR ~acE 4~ ~ - BOOK~~7L~ PA6E~rV