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HomeMy WebLinkAbout2528 ~ : i te~d~r to the I1lu~tg~ee~ in ~ccord~nc! ~?i ~ the p[o~iyges ot tl~e uot~ w~•un~l I~~rrb~•. (uU {?~~~iue~~t ut tiu• } entioe indebt~clnew rnpn~aented thetrbV~ t~ ~1oK`stee~ v tna~rN. ~i~all, in con~putiug tl~r am~?ut~~ ot •u~•h ; indebtedne+M, creclit to the account of t~~e ~iort ~~?r ~n}• cn~lit balauc~ rrm~ii,in~c undPr thr pmvi~iui~s at (a) ; ot s~id ph lf thern shaU ba a delsu~t und~r •ny of tl~e provaions of Ihis uiortga~ r~~aultiuK in N ~ puWic sal~he pr~u~ise. covend herrb~, or it tiu Mortg~gre ~cqu~res tl?e propen~• otlic~wu?~ •ft~~r ~letault, ~ the Mortgsgee~ as tn~tee, shull apph, ~t the time ot the commencru~ent af such pror~~rlin~cu o~ •t th~ t~m~• ~ the propert~ is otherwise uquired~ the ~n~ount tt~en rrmaininR to ~tr~lit of \~ortgytor under o( paee~tr~pi~ '2 ~ Pr~ceding as a credit on the internat i?ccniecl ~nd unpaid ~nd the bslanc~ to t1iP principal then rPii~auunK unpe~d on said~ not~. 4. Hs wlll p~y all t~ces. a~e~enta. watee »ta~ and other~o verament~l or muatcipal ohar~es„ Sa~ oc impoeitions~ for whioh provision has no~ been made hereinbefors, and in detault the~+eof tbe Mort~es ao~Y P~Y ~ eame; aad tha~ hs will P~'omPUY deliver the officul reoeipts l6arofor to the bt~rtgaaes. b. He wiU permit~ oommit~ or suffer no w~ate~ impairnnent~ or dete~onLioa ot said property orany part thereot e:oept naeonsbb weac snd teu• aad in tLe event of the fWure ot the Mort~gor to keep tbe buildin~s oa esid premisea und tbose to be erecte~ on eaid pre~es; ~at ~Provemeats thereon, in ~ood repatr t6e Mortgegee may mske euch repsira as in ite diecntion it msy deem neoeesary for tha proper preeervstion t~ereo~~ and the fWl smount of eaeh and every suc6 payment e6:ll be due end p~yabk t~hir~y (30) d~y?s aft~ decoaad, aad a6sU be seeured by the lien of this mortgage. : : - - ~ . . 8. He will pay vl sad aingular the oosts, ~?t~ and e:penses, inoludina reaeonsbk lawyer's teee, and oosts of sbetr~cta of title, incurred or paid st any tiane try the ~Iortgagee bec~ewee of the failure on the part of the Mort~agor pmmptly snd fully to perform the sgreemente and covenanta of eaid pmmieeory note and t.Lia mortgage, and eaid oosta, chargee, snd expenaea shall be immediste~j? due und psyable und sha?ll be eecured by the lien of tbia mort~age. 7. He will oontinuoualy msintain hassrd ineuranoe, of suc6 type or typee and amounta se Mortgagee may from time to time require, on the impmvemente now or hereatter on said premiees and eacept when payment tor sll such premiums hea theretofore been msde under (a) of psragraFh a Lereoi ~e will psy promptly when due any premiuma thcrefor. All insurance ahsll be carried in compamee aPPraqe~ by M and the poli- ciea and renewals thereof shall be held by Mortgagee and bave stts hed thereto loes pa~rable susee in iavor of and in form acc:eptable to the Mo . In event o# loes he wiU give immediaLe notice by msil to Mortgsgee, and Mortgagee may make proof~ if not msde pmmptly by Mortgag~or, snd each insw~anoe oompany ooncerned is hereby~authorized and directed to make payment for such la~es directly to Mortga~ mstead of to Mortgsgor snd MorLgagee joiat,l,y, and the inaurance pmceeds, or any part t6ereof, may be epp7ied by Mort- gagee at its option either to tbe reduction oi t6e indebtednesa hereby secured or to the resturatwn or repair of the property damaped. In event of forecioeure oi this mortgage or other ~sfer of title to the mortgaged property in eatingu~shment of the indebtednees secured Lereby, s~l tng6t, title, and interest of the Mortgagor m and Lo any inaurance policies then in force ahall p+isa to t6e purchaser or grantee. S. I( the prn~nises, or anr part thernof, be condetuned under the power of eminenl• doniain, or acquirnd for a public use, the damages awardeci, the proceecis for tlie taking ot, or the ronsideration for sucli acqu~sttion, to the c!ctent af 11?e full au~ount of U?e remaining unpaid indebtedness securnd b~• this ~uortgage, am I~ercU~- assigned _to tl~c Mortgagee, nnd his heits or assigns, and shall be paid forthwith to said 111ortgagee or 1?is assignee to be applied on ac~ount of the last maturing installments of suc}i indebtedness; pro~ictecl, lio~e~er, the ;liortgagee or his assignee, u~a~ at his discretion par direct to tli~ Mortgagor,l~is }ieirs or assigus aii~• part or all o( such awani; provideci, ti~at if the loan is guars~it~cl or insured, the consent ot the guarantor or insurer is ohtaincd in ad~•anc~ of said pa~•~~~ent. - 9• The Mortgagee may~ at any time pending a suit upon this mortgage, apply to the oourt bsving jurisdiction thereof for the appointment of a reoeiver, and such oourt ahall torthwith appoint a receiver of the premiees covered hereby all arid singular, including aU and sin~ulsr the income, profits, iasues, and revenues from whaLever enurce derived, each and every of which~ it being eupressly underatood~ is hereby mortgaged as if specificaUy set forth and deecribed in the granting and habendum clat~ea hereof. Such appointment ahall be made by such court as an admitted equity and a matter of absolute right to said Mortgagee, and without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said Mortgagor or ttie defendants. Such rents, profits, income, issues~ and revenues ahall be applied by such receiver sa:ording to the~lien of this mortgage and the practice of.such court. In the event of any default on the ~mrt of the Morkgagor hereunder~ the Mortgagor agreea to pay to the Mortgagee on demand sa a reasonable montlily rental for the premises sn amount at least equivalent to one-twelfth (yf~) of the aggregate of the t~velve monthly installmenta payable in the then current year plua the actual amount of the annual taxes, a~sseasmenta, wster rat~es, and insurance premiums for auch year not covered by the aforesaid montWy paymenta. ~ 10. In the event of any breach of this mortgage or default on the part of the Mortgagor; or in the event that any of said suma of money herein referred to be not promptly and fully paid according to t6e tenor hereof, or in the event that each and every t6e etipulations~ agreements, oonditione, and co~enante of said note and this mortgage, are. not duly, promptly~ and fully performed; Lhen 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 moneys eecured hereby, ahall become due and payable forthwith, or thereafter, at the option of said Mortgagee~ as fully and completely as if all of the said sums of money were originally atipulated to be paid on such day~ anyL6ing in said note or in this mortgage to the contrary notwithstanding; aad thereupon or thereafter, at the option of said Mortgagee~ without notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured•hereby had matured prior to its institu- tion. The Mortgagee may foteclose this mortgage, as to the amount ao declared due and payable~ and the said premises shall be sold to satisfy and pay the same together with costs, expen~es, and sllowances. In case of partial foreclosure of Lhis mortgage, the mortgaged premises shaU be sold subject to tt~e continuing lien of thia mortgage for the amount of the debt not then due and unpaid. In such caee the provisiona of this paragraph may again be availed of thereafter from time to time by the biortgagee. I 1. No waiver of any oovenant 6erein or of the obtigation ~ecured hereby shall at any tia~e thereafLer be held to be a waiver of the terme hereof or of the note eecured hereby. 12. 1'he lien of thie instniment shall remain in full force and eQect during any poetponement or extenaion of the time of p~yment of the indebtedae~s or sny part thereaf eecured hereby. 1:3. If the Mortgagor defsult in any of the covenants or agreementa oontained herein, or in anid note, then the Mortgagee msy perform the aame~ and all eacpenditurea (including reasonable attorney's fees) made by the MortgaRee in so doing shall draw interest at the rate pm~ ided (or in the principal indebtedRC~ss, and shal) be repa~ able thirt} (30) days a[ter demend, and, together with interest and costs acerued thereon, shall be secured by Lhis mortgage. 14. Upon the request ot the Mortgagee the Mortgagor shall execute and deliver a supplemental note or notes for the sum or sums ad~ anced by the ~iortgagee for the alteraLion, modernization, improvcment, main- tenance, or rnpair of said premises, tor ta~es or as.acssments a~;ainst the ssme and tor an~ other pur~.?ose author- ized hereunder. Said note or notes s}~all be secured hereby on e perity with and as fully as i[ the advance evidenced thereby were included in the note first described ebove. Said snpplemental note or notes shal[ bear intereat at the rate provided tor in the principal indebtedn~s aad shall be payable in ap proximatel~ equa) monthly ps~ments tor such period ss may be agreed upon by the creditor and debtor. Fail"u~ to sgree on the maturity~ t e uhole of Ihe sum or sums so ad~anced shall be due and pa~able thirt~ (30) da~s aftcr demand by the creditor. In ao even? aht?ll t,he maturity extend beyond lhe ultimale r.~aturity of t~e note first described sbove. ~~'Oi ~~5~ a~._. ~ - - ~ff~"~` ~ ~ti'`: :.s.~ t '~a~sv-~ ~ ~ ~~'1~ -