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Home My WebLink About2152 ~ i t' TO HAVE AND TO HOLO ths P~emises unto sa~C----~IE ~Q~~----- - - - its successas and aui~ns, fo~ever, for the purposes, snd upon the uses and trusts herein set iorth. f. . ,ti'41 ~ ' IT IS FURTHER UN~ERSTOOD AND /1GREED TH/1T; ~ 1. U~til tht indebtedness aforosaid shsll be fully paid. and in use of the fsilure of tt+e Mart~s~or, its succsssors or assi~s ro n~sk~ any paymeM Or p~~f0?T sny Of fh0 aCti ts MllOws: M~1l~ru+M~ ~ sa~s~l~lll~~law?K~+~fV]I~~YYi/f~\t~lifllLWlfOlfAf~~~i~i1~iA~~f~C7i~A7~fxYC ~~~y ~~~yyu~u` ~~y yy~ AYl!ltiliW ~IYL~lRW791V1~f1V1ylf~lL{W~yYyL1l1~f7/1f~1iYAiA~Altl~lfliHl ~fsY7r[i~[LYLliKllVUI~i~Ap[!9[ilRLltQI~AILII~lIY71W~YMI71L74i1RY1 lYLO~[fYml1 : (cl psy when dw any indebtedneu which may be secured by s lien or charye on the premises wpe~ia to the lien hereof, and upon ~ •eQuest exhibit s~tisfactory evidence of the diuharge of such prior lien to Tnntee or to holders of the note; ~ lel comply w~th all rcQuireme~ts of law or municipal ordi~snces with rcspect to the p?emises snd the use thereof; 4DR~IXi3i~~X~3is~b3CX~#i~X~~ieX~)4a1LX~1~~e~~IioX7~#~t~~iLXe3~iifc~8~3C]i~ l9) pay at least sixty l60) days before any penalty attxhes all general taxes, special taxes, special assessments, wate~ char~es, sewer service thargts, and other char~es a9ainst the premises when due, and upon written request, to fumish to Tnntee o? to holdsrs of the note duplicste receipts therefor; (h) pay in futl untkr protest in the manne~ provided by statute, any tax or usessments which Mongago~ may desi~e to contesf; ~ Ii1 keep all buildinps and improvements now ot herwfter situated on said premises insured against loss or dama9e by fire, Gghming and w'uxfstorm under policies providinp for payment by the insurance companies of monies sufficient either to pay the oost of replxing a~ repsirirg the same w to paY in ful) the indebtedness set~red hereby, all in companies satisfacrory M the holders of the note, under iruu?ance policies payable, in case of loss or damage to, the holders of tF+e note, such rights to be evidenced by the starxla~d mo?tgage clause to be attached to each policy, said insunnce to be paid on the highest insurable value; ar~d to deliver all policies, including additional and renewal policies, to holders of the rate, and in case of insura~ce about to e~cpire, to deliver renewal policies not less than ten days prior to the respective dates of expiratio~. 1 j 1 The holders of the note may, but need not, make wch paYment or perform such act as set forth herein in any fomn and manne? deemed expedient, and may declare the said note and mortysge in default arxl nevertheless may, lxit need not, make fut! or partial pa~~ments of principa) or interest on prior encumbrar.ces, if any, and purchase, discharge, compromise or settle any tax lien or other prior lien or title or claim thereof, or redeem from amr tax sale or forfeiture affetting said premises or oontest any tax or assessment. /111 monies paid for ar~y of the purposes herein autho~ized and all expenses paid or incurred in connetfion therewith, includ~ng attorneys' fees, and any other monies advanced by Trustees or the holders of the r?ote to protect the mortpaged premises an~ the lien hereof, plus reasonable compensation to the Trustee for each matter conceming which action herein authorized may be ~ taken, shall be so much additional indebtedness secured thereby and shall become immediately due and payable without notice 3 arx; wiin inirresi thereon at the rate of eight per cent per annum. lnaction of holders of the nole shall never be cor.sidered as a waiver of any right accruing to them on account of any of the provisioru of tF.is Fara~raph. 2. The holden of the nott hare5y secured makirg any payment hereby authorized relating to taxes or assessments, may do so atcord- to any bill, stateme~t or est~mate procured from the appropriate public office without inQuiry into the accuracy of such bill, statement es::mate or into thx validity of any tax, assessment, sale, forfeiturc, tax lien or title or cla~m thereof. 3. At the oFtion of the holders of the note and without notice tc mortgagor, its successors or assigns, alI unpaid indebtedness secured ~ ~y this mortgagf shall, r?otwithstanding anything in the note or i~ this mo?tgage to the cor?trary, become due and payable: ! I j (a) immediately in the wse of default in making payment of any inztallment of ~r=ncipa{ o~ interest on the note, or I - lbl in the event of the failure of mortgagor, or its successors or assigns to do any of the things specifically set forth in paragraph one ~ hereof and suth default shall continue for three days, said option to be exercised at any time aher the expiration of said three ' day period, a ~ ; (cl in the event of the failure of the mortgagor, or its successors or assigns, to do things spec~fiwlly set fortfi in paragraph one hereof ~ ~ and any such defauit shatl continue for~0 days, said optio~ may be exercised at any i~me after exp+ration of the said ten day ~ pEriod. 4. When the indebted^ess ~ereby secured shall become due. whether by acceleration or otherwise, the holders of the note shall have the right to foreclose the lien hereof. In any suit to foreclose the lien hereof, there shall be allowed and included as additional indebtedness in i the decree for sale all expend~tures and expenses which may be paid or incurred by or en behalf of tne mortgagee or tne holders of the note ~ f~r atrorneys' fees, martgagee's fees, approiser's fees, outlays for docume~bry and expert evidence, ster~ographers' charges, publiwtion costs and costs (which may be esf~mated as to items to be expended after entry of the decreel of procuring all such abstracts of title, title ; ~ searches and examznat:ons, w+th respect to tiNe as the mortgagee or the holders of tF.e note may deem to be reaso~ably necessary either F ~ ro prosecute such su~: or ;o evidence to bidders at a~y sa7e whicn may be had pursuant to such decree the true condition of the title to or ' ~ rhe vatue of tne p:em~ses. All expenditures and expenses of the nature in this paragraph mentioned shall become so much additional indebted- ~ ~ ness secured F.ereby and immediately due and payable with interest there~n at tne rare of eight per cent per annum, when paid or incurred the mortgagee or the holders of the note in connectian with ~ ta) any proceeding, in:luding probate and bankrupscy proceeding;, to wfiich either of them shall be a party, either as plaintiff, claimant ~ ~ or deferdar:, by reason of this mortgage or any indebiednes: hereby secured; or x ~ ~ ~bl preparations for the commencement of any suit for the foreclowre hereof after accrual of such right to foreclosure wfiether or not § ~ actually commenced; or ~ ~ ~ 1 c~ pre~rat.ens for the dPferse of any threatened suit or proceeding which might affect the prem~ses or the security thereof, whether ~ or nct actually commenced. 5. The prxeeds of any foreclowre safe of the premises shall be distri.~,uted and applied in the following order of priority: First, on ~ ~ ~_:ount of ail cc<_ts and expenses incident to the foreclosure proceedings, inc!uding all such items as are meniioned in ihe preceding para- ~ i ;raph hereof; second, atl other items which under the terms hereof constitute secured indebtedness additiorwl to that evidenced by the note, } ,+~th interest thereon as herein provi~d; third, all pri~tipal and interest remaining un,~aid on !he r.ote; fourth, any overplus to mortgagor, ~Y:~ ; ;a ~ts tega) represer.tatives or ass:gns, as their rights may appear. f ~ 6. Upon, or at any time after tF?e filing of a bill to forec{ose this mort9age, the court in which such bill is filed may appoint a re- cerve~ of said premises. Such ap~ointment may be made eithe~ before or after sale, without notice, without regard to the sotvency or inwl- - venty at the time of application for such receiver, of the person w persons, if any, liable for ti?e payment of the indebtedness secured hereby, ~ ar~d without regard to the then value of the premises or whether the same shall be then occupied as a homestead or not and the Trustee here- u~der may be apaointed as such receiver_ Such receiver shall have the power to collect the rents, issues and profits of said premises during ? ~ ~ ~ 8~K 220 ~2148 $ ~ - i ~:s ~ , - _