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HomeMy WebLinkAbout2910 ~ tender to the ~turtgegee in accordnnce with tl~e pro~ i~ions o~ tl~e notP secure~l hNrrbr, fuli ps~ u~eut o~ 11~P entire indebtedness represented thereba~, t}ie Mortgagee~ aq trustee, shall, in rnmputing th~~ suiount ot suclt indebtednesa~ creclit to the account of ttie 1'Iort gagor anv cred~t balance ~einaining und~~r th~• pn~~•i~ions of ~a) of eaid paragraph 2. It there shall be e de(ault under an~• of tl~e provisions o( this u?ortgage rnsultin~ in a public sale ot the premises covered hereby, or if the Mortgagre acquires 11?e propert~~ otl~erw~se a(ter default, the Mortgagee, ss truatee, shall appl~, at the tune ot the commencement o( such proceedinE;s or at Ihe tim~• the propert~ ia otherwise acquired, the amount then retuainin lo credit of :ltortKagor under (a) of puru~raph 2 preceding a~ s credit on the intereat accrued and unpaid and t~e balance to the principal tl?en r~~nainiuK unpAUl on said note. ~ 4. He wiU psy all taaes, aeeaesmenta. water ntes, and other ~overnmental or municipal charges, fiaee„ or impoeitions~ for which provi8ion has not been made hereinbefore, and In detault thereof the Mortgsgee msy pe?y the eanne; snd that he will promptly deliver the ofl'icial reoeipt~ therefor to the Mortgagee. b. He ~vill permit, oommit, or suHer no waste, impairmeat, or deterioration of eaid property or any psrt thereof~ eucept reaeonable wear snd tear;~ snd ' the,eYep` pf t~~ failure of the Mortg,agor to keep the~ buildinge on ea?id prem~aes and thoee to be erected ~bri~ ~ preoniees; or improvementa thereon~ in good repair, the Mortgagee msy make euch repaira se in its diecretion it msy deem neoeesary for the pmper preeervation thereof, and the full amount of each aud every euch payment ehall be due and petysbte thirty (30) deye sfter demand, and e~hsll be eecured by the lien of thia mortgage. 6. He will psy all and aingutar the ooata, ehargee, snd espensee. including reseonsble lawyer'a feee, and ooste of abstracta of title, incurred or paid st eny time by the Mortgagee because of the failure on the part of the Mortgagor promptly and fully to perform the agreementa and covenents of said promieeory note and this mortgage~ and said ooeta, chargea, and expensea ahall be immediately due and payable and ahall be eecured by the lien of this mortgage. 7. He will oontinuously maintain hszard insw~an~, oi such type or types and smounts as Mortgagee may trom time to time require, on the impmvemente now or hereafter on said premises and e.~cept when payment tor all such premiums haa theretoiore been made under (s) of paragraph 2 hereoi ~e will psy pmmptly when due any premiuma thcrefor. All insurance shall be carried in compames sppmve~ by 111ortqa~ee and the pali- ciea and renev?als thereof s6till be held by Mortgagee and hnve attached Lhereto loss payable efsuses in favor of and in form acceptable to the Mortgagee. . In event of loss he will give immediate notice by mail to Mortgsgee~ and ~Sortgagee may make .proof of Ioss if not msde pmmptly by Mortgagor~ and each inauranoe company ooncerned is hereby authonzed and directed to make payment for such loes directly to Iliortgsgee instead of to Mortgagor and l~iortgagee jointly, and the insurance proceeds, or any part thereoi may be applied by Morw gagee et ita option either Lo the reduction of the indebtednesa hereby eecured or to t~e restoration or repair of the property dama~ed. In event of foreclosure of this mortgage or other transfer of title to the mortgaged property in eutingmshment of the indebtednese eecured hereby, a~l right, title~ and interest of the Mortgagor m and to any inaurance poLcies then ia force ahall p~ss to t6e purchsser or grantee. R. If the premis~~s, or an~- part thernof, Ue condemned under the power of eminent doniain, or acquirr~l for a public use, thc~ da~nages awarded, tlie proceeds for the taking of, or ihe consideration [or su~'}I 8l'({U4Si~1011, to the e~tent of the full amount of the remaining unpaicl indebtedness secureci b~• this mortgage, ar~~ lu~r~•1>~- as,giKn~•d to the NottgaKee, and his 1?eirs or assigns, and shall be paid forthW ith to said '.11ort~e~ee or his assiKne~ to be appliecl o~i account of the last ~naturing installu~ents of suc}~ indebted~iess; pm~ ided, l~oH•~~v~r, the ~tortga~ee or his a,ssignee, ~i?s~• at his dis~rc~tion pa~• direct to the ~fortga~or, his h~irs or as.~iKns anr part or all af su~h aHarcl; pm~•ided, thet if the• loan is Kuarant~~d or insured, the cons~nt of th~• guarantor or insumr is obtained in ad~•~n~Y~ o( said pa~•ment. The Morigagee may~ at any time pending a suit upon this mortgage, apply to the court having jurisdiction thereof for t6e appointment of a t~eceiver, and such court shall forthwith appoint a rec~eiver of the premises oover~d hereby all and singular, including all and singular the income, profits, isaues, and revenues from whatever source derived, each and every of which, it being expressly underatood, is hereby mortgaged as if specifically set forth and described in the granting and habendum clauses hereof. Such appointment shall be made by such court as an admitted ; equity and a matter of absolute right to said D4ortgagea, r.ad without reference to the adequacy or inadequacy of ~ the ~ alue of the property mortgaged or to the aolvency or insolvency of said Mortgagor or t'~e defendants. Such ! rents, profits, income, issues, and r~venues shall be applied by such receiver according to the lien of this mortgage j and the prsctice of such court. In the event of any default on the part of the Mortgagor hereunder, the 141ortgagor agrees to pay to the Mortgagee on demand ss a reasonable monthly rental for the premises an amount at least equivalent to one-twelfth (~z) of the aggregate of the twelve monthly installments pa~able in the then current year plus the act~at amount of the annual taxes, as~ments, water rates, and insurance premiums for such year not covered by the aforesaid monthly payments. a f 10_ In the event of any bmach of this mortgage or default on the part of the Diortgagor, or in the event that ~ any of said sums of money herein referred to be not promptly and fully pr?id according to the tenor hereof, or in the ~ event that each and every the atipulations, agreements, conditions, and co~•enants of said note and this mortgage, ~ are not duly~ promptly~ and fully performed; then in either or an~~ such event, the said aggregate sum mentioned ~ in said n4te then remaining unpaid, Rith interest accrued to that time, and all moneys securecl hereby, shall become w due and payable forthwith, or thereaEter, at the option of said l~iortgagee, as fully and completely as if all of the ~ esid suma of mone~• aere origi.nally stipulated to be paid on such day, an~•thing in said note or in this mortgage to ~ the oontrary notwithstandina; and thereupon or themafter, at the option of said biortgagee, without notice or demand, suit at Iaw or in equity, may be prosecuted as if all moneys secured hereby had matured prior to its institu- ~ tion. The biortgagee may foreclose this mortgage, as to the amount so declared due and pa~•able, and the said ~ premises ahall be sold to satisfy and pay the same together with oosts, expenses, and allowances. In case of partial ~ foreclosure of this mortgage, the mortgaged pmmises ahall be sold eubject to the continuing lien of this mortgage ,ti for the amount of the debt not then due and unpaid. In auch case the provisions of this paragraph may again be availed of thernafter from time to time by the ~iortgagee. ~ 11. No waiver of any covenant herein or of the obligation secured hereb~~ shall at any time thereafter be held to be a waiver of the terms hereof or of the note secured hereby. 1'l_ The lien of thie instrument ahall remain in full force and effect during any postponement or extension of = the time of payment of the indebte~ness or any part thereof aecured hereby. ` I:i. If the Mortgagor default in any of the covenants or agreements contained herein, or in said note, then the Mortgagee may perform the same, and all expenditw~es (including reasonable attoroey's fees) made by the Mortga~ee ~ F_: in so doin~ shall draN interest at the rate provided for in the PMI1Cl~flI indebtedness, and shall br r~pa~~able thirt~• (30) da~-s after demand, and, togett?er witti interest, aiid costs acceued thereon, shall be secured by ~ this mortgage- 14. t,Tpon the requc+st of the :~iortgagee the ~iortgago* shall e~ecute and deliver a supplemental note or notes tor the sum or sums ad~anced by the ~Iortgagee for the alteration, modernization, impro~cment, main- trnance, or repsir of said premises, for taxes or assessments against the same and (or en~• othcr pur~x~se~ autl~or- ized hereunder. Said note or notes shall be secured hereb~ on a parity with and as fully es if ti~e ad~•ance e~ idenced thereby were included in the note 6rst described abo~e. Said snpplemental note or notes shall bear interest at t6e rate provided for in the principal indebtedness and shall be pa~ able in ap proximateh• equal monthly pa~ menls for such period as may be agreed upon by the credilor and debtor. Failing to agme on the maturity, tf~e Whole of the sum or sums so ad~anced shnll be due and pa~•able thirt~' (30) da~•s after drmund by the creditor. In no event shall t6e matwity extend be~ond the ultimate r_~aturity of LL~~ note first _ described above. ~OQI~~rW ~E~i~{~J~7 ; ~ _r _ - ~ . ~z.~... ~ . _ -