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HomeMy WebLinkAbout0348 ~ THIS MORTGAGE is made, iiowever, subject to thc fullowing cuvenants, conditions, and agreements: FIRST:-The Mortgagor covenants that thc Nortgagor is sei~~vi uf an indrfca~ibk cstatc in fcc ~impk in uid pnmiscs and tha~ thc ~aid Mortgagor has a good ~ght to sell, conrey and mortgagc the same as aforcs~id; tlwt U~e abovc pnmises are free and cleu of all gen~ral and tpecial taxes, liens, charges and encumbnnces, ainf tlut ~tottgagut N•ill w~arrant and foreve~ defeod the titk thercto a6ainst the hwful cUims of all persons whomsoever. SECOND:-If the Atortgagor shall pay the indcbtcdncsc ac IMrrin providcd, and shall in alf things do and perform all othcr acts and agreements herein agreed to be done, then, and in tliat cvcnt onl~•, thi. mortgagc shall become null and void. TNIRD:-So br~ as any of thc indebtcdncss hcrcby scrund ~hall rcmain outstanding and unpaid ihe Mortgsgoc agrees to kcep raid premises and all improvements i~ good condition a~xi re~i~, and nW tu commit ot wffc~ to be committed any wastt; and to pay ail6eneral and special taxes. usess~t~ents and other cha~ges that may be kvhd or a»+v~d upon or a~a~nct the same as they bernme due and papabk; and to pay all other debts that may become Gens upon o~ charges against ~iJ proprrt~• fot rcpair or impruvement. that ue now or may hereafter be made thereon. and not to permit any ticn to accrue or renwin on said premises or any part thercof, or on the imptovemerits upon lhe same which might take precedena over the tien of this mortgage. The Dfortgagor agmes to pay Mortgaaee ap sums expended for attot~ey's fees to cstablish and sustain the lien of ihis morigage or its priority. As furthcr security thc Atottgagee shall be subrogated to the tiens, whethtt nkased of mcord or not, of any and all incumbnnces on rrid real estate H~hich may be paid in w•hok or in part by Mottp~ee. FOURTN:-Mortgagor ag~ees to keep ~he improw:ments now• u{wn, or he~eafter to be erected upon. said premises oonstanqy and satisfactorily insured, until said debt is paid, against loss by firr, tomado anil u•indstorm. not kss than the amount of the principal indebtedness hercin. tnd in wch further sum or sums up to thc fWl inwrabk value of such improvements. u Mortaaaee or its assians may roquire fmm time to time, and the poticy or po6cies of such insurance constanUy assigned or pkdged ar?d delivered, or the amount of ihe insurena otheivrrise made availabk to said Mortgagee in such manner as the said Nortgagee may require to secure aid deAt, with power W demand and rnUect any and all moneys becoming payabk thereunder, or on account therrof, including uneamed premiums, and apply same towud satisfying the said debt. The Mortgagor agrees to furnisli all proofs of bss and defray the expense of oolkcting such insurance money, which, upon rnllection thereoi, shall be applied on said debt, thongh not then due, if teyuired by the Mortgagee. FIFTH:-lf the Afortgagor shall fail to fulfill this agreement With reCerence to the payment of taxes and inwrance the Mortgagee may pay such taxes or assessments and may purchase such inwranCe and aU sums so paid shaU be secured by this mortgage and shall be immediately due and payabk and shall bear inicrest at ten per cent (10~) per annum [rom date of payment. SIXTH:-'fhat the granting by 1lfortgagce of any extension of time for payment of said debt or intetest to Mortgagor or any other person, or the taking of othet ot additional security, or failure to accekrate the maturity of said debt upon breach hereoC. shal! not affect Mottgagee's rights nor opente to rekasc Mortgagor ftom personal6abitity on said debt nor ftom any covenant hereoL No waiver of my brexh hereof shaU be construed as a wairer of any subsequent b~each of ihe same or any other condition hereot. and the exercise by Aiortgagee of any right or option herein piven shall not preclude the su~sequent exercise of any or all mch ribhts and option on account of the same, or any other baach bereof. SEVEM'H:-Upon the failure of the l~lortgagor to pay any of the taxes or assessments or other chuges against the premises as such become due and payable, or to pay any other of the dcbts or tiens above mcntioned at the time above mentioned, or in the erent the Mortgagor s}~all fail to inmre said property or deliver the F+o6cies u herein agreed, or if default be made in the payment of the principal or of any instaWnent of principal or interest on any da~• w~hereon the same is due, u provided in the note hereby secuted, or_ in case of the actual or threatened demolition ot removal of any of the improvcments on said piemises, or the failure to do any of the things herein agreed to be done,or on the breach of any of the terms of thes mottgage or the note secured hereby, then, and in the event of any of mch events, the balana o[ the principal of the debt and all sums then hereby secured shall, at the option of the Mortgagee, without notice, become due and payabk and the owner hereoC shall be enlitled to foreclosc this mortgage and shaU be entitled to the possession of said premises and the rents and profits therefrom, and shal{ be entitled to have a rcceirer appointed to take posseuion of said premises. F.IGHTH:-If suit is brought to foreclose this mortgage, or if any note hereby secured be placed in the hands of an attorney for collection. Atortgagor agrees to pay as attorney's fees to plaintiff's attorney 15 per cent (15~•) of the amount due, which in no event shall be kss that One i Hundred Fitty and no/100 (5150.00) DoUan, together with costs of an abstract of titk to date of filing said suit, all of which shall be immediately due and shall be secured by this mortgage. In the event of forecbsure of this mortgage apprtisement is expressly waived or is not ; waived, at the option of the ~forteag~:e. ` NIM'F1:-All the covenants asd agreements henin contained shall extend to and be binding upon the heirs, executors, administrators, € mccessors and assigns of thc particc hcrclo. ~ ~ IN WITNESS WHEREOF, the Mortgagor has executed and delivered these presents at Tulsa, Oklahoma, ~ ' this_ 12th day of JulY 19 73. ~ ~ Wi nesses; j , _ - i. ~ ~ ~ ~ , ~~t;~ ~1~ _~~l;.'f ~,e~~~C , k . 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