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HomeMy WebLinkAbout2184 5. That he H•ill permit, cummit, or sut(er no w•aste, impairment, o~ deterioration o( satd proEk~rt~• or ~~ne part ~ thercuf; ~nd in the event ot the fuilure of the mortgagor to keep the buildings on sa?d premises and thu~e tobe i , rrected on ~aid premise~, ur ~mptot~Emc•nts ihereon, in good repair, the mottK:~gee m.iy muke ~uch reE~irs .i~ in ~ts d~scret~on it map deem necessar~~ for the proper presen•ation thereof, and the full amount of each ~nd everg such pa~•m~•nt shall be immcdiately due and pa~•ablc. ~+nd shall be secured b~• th~ lien o( this murtguKe. 6. That he ~vill pa~• all and singular the ca~ts, charges, and exprnses, includtng reasonable I:~w~~er's fees, ~nd co.ts uf abstracts of title. incurred or paid at an~~ t~me by the mortgagee .because of the failure on the part ot the murtg~gur promptl~• and fully to perform the agreements and cot~enants of sa~d promissory n~te and this murt- gaKe, and said costs, rh.+rges, and expenses shall be immediately due and pa~•able and shall be secured b~~ the licn a[ this mortg~ige. i. That he will keep the ?mpro~•ements now• ex~sting or hereatter ecected on the mortgaged propertq, insured as ma~• be requued from time to t~me b~• the mortgagee against loss by fire and other hazards, casualties, and contin- gencies in such dmounts and Eor ~uch periods as may be required bp murtg~gee, and will pay promptly, w•hen due, ~n~~ premiums on such insurance for payment of which provision has not been made hereinbefute. AU in~urance shall be carried in companies appra~•ed by mortgagee and the policies and renewals theceof shall be hetd by mort- ~ Kagee and ha~•e attached thereto loss payable clauses in fator ot and in form acceptable to the mortgagee. !n ~ e~•ent of loss he w~ill gi~~e immediate notice by mail to muttgagee, and mortga~ee may make proof of loss if nut made pr«mptl~• by mortgagor, and each insurance camF~ny concerned is hereby~ authorized and directed to make p~~yment for such luss directip to mortgagee instead uf to mortgagor and mortgagee jointly, and the insurance pro- ~ cecds, or any part thereo[, may be applied by mortgagee at its option either to the reduction ot the indebtedncs~ tiereby secured or to the restoration or repair of the property damaged. In event of foreclosure ot this morig~ge or other transfer of title to the mortgaged property ~n extinguishment of the indebtedness secured hereb}•, all r~ght. t~tlP, and interest of the mortgaga in and to anp insurance policies then in force shall pass to the purchaser ~~r ~rantee. 8. That the mortgagee may, at any time pending a suit upon this mortgage, appl~• to the court ha~•~ng jurisdic- tion thereof for the appointment of a receiver, and such court shall forthw•ith appoint a rece?~~er of the premises co~•ered hereby all and singular, including all and singular the income, profits, issues, and revenues from w•hate~•er source derived, each and every of which, it being expressl~• understood, is hereby mortgaged as if specifically set forth and described in the granting and habendum clauses hereof, and such recei~~er shall heve etl the broad and effecti~•e functions and powers in any~w•ise entrusted by a court to a recei~~er, and such appointment shall be made b~• such cuurt as an admitted equity and a matter o( absolute right to said mortgagee, and without reference to the ~ adequac}• ~~r inadequacy of the value of the property mortgaged or to the solvency or insolvenc}• of said mortgagor ~ ur the detendents, and that such rents, pro(its, income, ~ssues, and revenues shall be applied by 6uch receiver .+ccording to the lien of this mortRage and the practice of such court. !n the e~•ent of any deiault on the part of the ; ' murtgagor hereunder, the mortgagor agrees to pa~~ to the mortgagee on demand as a reasonable monthl~ rental for the premises an amount at teast equi~~alent to one-tw•elfth (1 '12) of the aggcegate of the iwelve monthly instal!- ments pa~~able ~n the t}:en current year plus the actual amount of the annual taxes, assessments, water rates, and ~nsurarce premiums for ~~ch y~ear not co~~ered b}~ the aforesaid monthly papments. 9. That ~~n the e~•ent of any breach o( this mortgage or default on the part of the mortgagor, or in the ; ~ e~•ent that an~• of said sums of monet~ herein referred to be not promptly and fully paid without demand or not~ce, or in the e~~ent that each and every the stipulat~ons, agreements, conditions. and co~°enants of sa~d note and _ th~s mortgage, are not duly~, promptly, and fully performed; then ~n either or any such event, the said aggregate - sur.i mentioned in said note then remaining unpaid, Kith ~nterest accrued to that time, and all moneys secured hereb~, shall become due and payable forthKith, or thereafter, at the option oE said mortgagee, as full~• and com- ~ pletel~• as if all of the said sums of mone~• were originally stipulated to be paid on such day, an~•thing in said `3 note or ~n this mortgage to the contrary noiwithstanding; and thereupon or thereafter. at the option of said mortga- gee, a~ithout notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured hereb~ had `s matured prwr to its institut~on. The mortgagee may foreclose this mortgage, as to the amount so declared due and pd~•a5te, 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 sha(1 be sold subject to the con- tinuin~ lien of this mortgage for the amount of the debt not then due and unpaid. In such case the pro~•isions of - this paragraph rr,a}• again be availed of thereafter from time to time by the mortgagee. = 10. That the mortgagor witl g~ce immediate notice b}~ mail to the mortgagee of any con~•e}•ance, iransfer, ~r change of ownership of the premises. ' 11. That no w~aiver of any co~•enant herein or of the obl;gation secured hereby shall at ~nt• time therrafter be held to be a w~a~~•er of the terms hereof or of the note secured hereb}~. - 12. That i[ the mortgagor default in ant~ of the co~•enants or agreements contained herein, or in said nute, then the mortgagee may perform the same, and atl expenditutes (includ~ng reasonable attorne}•'s fees) made by~ the mortga~ee in ~o doing shalt draw~ interest at the rate set forth in the note secured hereby, and shall be rep:+~~able - ~rnmed~atel~- and wRh:~ut demand b~~ the mortgagor to the mortgagee, and, togethet with interest and costs accrumg - thereon, shall be secured b~• this mortgage. 13. that the ma~lin~ of a Nritten notice or demandaddressed to the owner of record of the mortgaged ptem~ses, ur d~rected to the said owner at the last address actually furnished to the morigagee, or directed to said owner at sa~d murtgaged prem~ses, and mailed by the United States mails, shali be suff~cient notice and demaAd tn any case arising under this instrument and required b5~ the pro~•isions hereof or by law. ~ 14. The mortgagor [urther covenants that should thi~. ~O ~~s nd the note secured herebti• not be eligible ::s ior ~~surance under the National Housing Art w~ithin irom the date hereof (wntten statement . uf ~+n~ otf~cer of the Department of Nousing and Urban Development or author~zed agen! of the Secretar}• of Nous- ing and Urban Uevelopment dated subsequent to the D~1.S t:me from the date of this mortgage, - decl~n~ng to insure said note and this mortgage, being deem•rd conclus~ve proof of such ineligibil~ty), the mortga- gre ur the holder af the note may, at its option, declare alt sums secured hereby immed~ately due and payable. - The ro~•enants here~n conta~n~d shall bind, and the benefits and ad~~antages shalt inure to, the respective heirs, executors, admini~trators, successvcs, and asstgns of the parties hereto. N'hene~•er used, the s~ngular num- ' ~ ber :.`.~:i iude the plural. the plural the singular, and the use of any gender shall tnciude alt genders. g ~ ~96 ~~18~