HomeMy WebLinkAbout0839 ~ender to the I~tortgu~~~e in ~~corJance with the provisious o( U?e note xrcurnct u~rro~g ~uu ~~~~r~~~
u x
entire indebtednes~ repn~entcKi thereba•~ the Moctgnge~..~s ~ruxt~, shall, in cou? utin 111P AI?lOliD~ O~ SUCII
indebtednesa, creciit to tl~e account ot t4e 1ltortgaRor,~t~y~ Qredit balaace remaining w?drr 11?e pro~•isioi~a of (a) ,
of seid paragraph 2. If there sl~All be i cle~ault u~der ant ot the provisio~~s o( this uwrtga~e resulting in a ~
public sale oi the premises covered heceb~•, or if tl?e Mortgagee acquirea the propert~• o1l~erw~ efte~ de(ault,
the Moctgagee, as trustce, ahaU apply; 4t Lhe liate af the coiiimenceuient o! such proceedings or at tho time ~
the propert~ i~ otherwise acquirecl~ tl~e s~i?ount then reuiaining to credil of Mortgagor uncier (s) of paragrapl? 2
preceding as o credit on tlie inleresC accrued and unpeid and tl~e balsnce to the principal then rnuiaining unpaid
on said note. d
4. He wlll p~y all tases, aeseesmeats. w~er iste°? and ot,her~o
vernmental of municipal ebar'8~, ~
ianpos~tions, ior w~ieb pro
m~ dh°6efiver L6s ~ reoapfe tbarefor t~o the Mort6a~es. i6~e Mott~gee m,Y P~? t~6e
wns; ~d t~haL bs wtll pro P~Y
b. He wW permit~ commit, or suSer no waaLe, impaira~ent~ or deterioration ot asW P~P~Y a' ~ P~ ~ _
e~coep~ reasonaWe. ~re~t aad tear• snd in We event af the failure o~ t~e ~~r to keep tbe bu~dia~ on ad~
premieea snd thase to be erecte~ on ssid premiee0. or improv8menta t6ereoa, in ~ood rePair tbe Mortga8ee my?
make euch repairs aa in its dieoretaon iL msy deem neeeessrY for theproper preec.n?atioa thereo~, and the full annount
of eac6 and every such piymenti shall be due and p~yable tbisty_ (30) d~ys dte~ demaad, and ehall ba secured by
the lien of-this mortds~e•
6. He iPill pay all siid singuler !6e ooete, clhe~r~es, snd expeneae, includin8 reaeonsble ls~ryer's feee, and oost~~
~ abstraete of title, incun~ed or paid st sqy time by tbe Mortg~gee bece?~+ee of the failnre on tbe part of the Mort~egor
pmmptly aad i~r to pedorm the a~'eements and oovensnts of asid promi~e~rY note and t6ia mor~t~,uge~ and eaid
oost,s, charga,s, sn~ expenees shall be i~anaediate~j? due and psye?ble and ahe?ll be eoeured by the ken of tbis mortg~ge.
7. He will oontinaous~y maintsin hazard inaurai?oe, ai such type or types ~nd amounts sa Mortgagee n4ay
from tame to time require, on the impmvementa now or hareatter on eaid premises and esoept rvhen psymen~
tor aU auch premiuma has tberetofore been msde under (s of p~ragcsph 2 Lereof 'he will psy Promp61y when
due sny premiums thar~r
.~.~1l 'u~sur~wce shall be in companiee spprove~ by I1i~ and t,he poli-
ciee and renewals thereof sha~ be heid bY~ or~888ee ~?°d be?ve sttsc6ed thereto loes paysble c ausee in isvor oi
i?nd in form scceptable to the Mor ~ event oi loes he will give immediate notice by mail to Mortgsgee,
?n
and Mortgagee may mske.prooi o ~ if not.made pmmpUy by Mortgagor, and each insursnce oompi?ay
ooncerned ia hereby~suthons,ed and directed to make psYment for such loea directly to Mo~q~q~ ~astead oi
to Mortgagor and Mortgagee 'oint1y , snd t6e inaurance proceeds~ or sny part thereof may be sppled by Morw
gagee at ita option either to ~e reduction ot the indsbtedne~ be~eby or to tihe restore~tion or repair of
the property dama~ed In event oi foreclosurs oi this mortgage or other trsnafer of title to the mortgaged
pmperty ~n eatingu~shment of the indebtednese eecured heraby, ail right, title, and interest af the biortgagor
m and to any insurance policie's t6en in force ahall pnss to the pucchaser or grsntee.
8. tf tlie pren~is~~, or uu~ purt U?ernof, be rondeiuned uncler thc pow~r o[ eu~inent domain, or acquirnd for
a public use, t1iR daiuages awanled, tl?e proceeds fot the taking of, or the consielerution [or such acqu~sition, to
the extent o! tl~e full a~nount oi tlie remaining unpaid indebtF~hiess secured b~• this mortgagc, ~rn liereb~•
assi~;ned to tl?e ~~iortgagee, a~icl 1?is i~eirs or assigns, und shall tK~. paid forthwith to said 4tortgagee or l~is
assignee to be applied on ac~•ount of thc last iuaturm~ installments of such indcbtednc~ss; pt'c~~idecl~ however,
the ;~'Iortgu~ee or lus assignee, u~u~ at his discr~•tion pa~- direct to tl~c Mortgugor, his l~eirs or as.Signs an~ part
or all of sucl~ awani; providecl, that i[ the loan is Kuurante~d or insured, thc consent of theguarentor.or insurer
is obtainect in advance of said pa~•ment.
9. The Mortgagee may, at any time pending a suit upon thia mottg,age. s?PP1Y to the oourt having ~j~risdiction
thereof for the appointment of s reoeiver, and such oourt ahall forthvvith sppoint a reoeiver of the premieee oovei'ed
her~by all arid aingular, including all and singular ~the income. Profits. i~ues~ snd revenues from whatever eouros
derived, esc6 and every of wbich~ it being expressly undeistood, ia hereby mortgag~d as if specificallY eet forth sad
de~cribed in the granting and habendum clsusee hereof. $uch sppointiment ehall be msde by aueh oourt as an admitted
equity and s matter of absolute right Lo eaid Mortgsgee, and without referenoe to the ade9uacY or inadequacy of
the ~value of the propestY mo*t~eBed ar to the solvency or inaolvency of said Mortgagor or t'~e detendaata. Such
renta. Pz'ofits,,inoome~ issues. aad revenues shsll be applieci by such receiver acaotding to the lien of this mortgage
~d ~ prnct~oe of euch court. In t6e event of any default oa the parti of the Mortg~gor hereundez', tLe Mo
; agceea to p~y to the Mo on demsad as s reas~nsble mont6ly rental for the p~emiees an amount at~~
~ equivalent to one-tweUth of the a~ of the t~velve monthly inatallments psYsble in the then cun~eat
; year plus the ectual amoant of the san taxes, asse~mente, ~vster ratea, and insurance ptemiama for a~ch year _
~ not covered by the sforeesid moathlY PaYmeIIts.
~ 10: In the event ot sny breach of this mortgage or defsult on the part of the Mortgagor~ or in tLe event t~iat
any of ssid auma of money herein referred to be not promptly sad fully psid accordu~g to tbe tenor hereof~ or in the
event that esch and ~very the stipulstions, agreements~ oonditions, and oovenanta of said note and thia mortgage. -
ace not duly~ P*omPuY,!~ f~Y PerEormed; Wen in either or any such event, tbe said a~?te aum mentioned
in esid ~ts then r~mainm8 unPe?id~ with interest s~xrue~ to that time, and all moneys secured hereby, ahall beoome
due and pm?yable torthwich, or thereafter, at the option of said Mortgagee, ss fully and completely as if all of the
esid suma ot money were orig~nally stipulated to be paid oa such day, anyLhing in said note or in this mortgx~e to
the cuntrary notwithatanding; and thereupon or thereafter, st the option of said Mortgagee, with~ut notioe ~r
demand~ suit at law or in equity, maq be praeecuted as if sU moneys secured hereby hsd mstured prior to ita inatitu-
tion. Z'he Mortg,agee maY ioreclose th~a mortgage~ as to the amount au declaced due aad payable, and the said
premises shaU be sold to satisfy and pay the same together ~vit6 eosta, eipeneea, and sllo~ranoea. In case of partisl
foreclosure of this mortgage, the mortgaged ~emises shall be sold aubject to the oontinuing lien of thia mort~age
for the amount of the debt not then due and.unpaid. In such case the provisiona of thia pa~ragraph may sBsin be
svailed of thereaiter imm. time to time by the Mortgagee.
11. No waiver of sny aovenant berein or of the obligation eecured hereby s6sll st any -Lipne._thereafter be held
to be s waiver oi the terms hereof or of the note secured hereby.
12. 1'he lien of thia instrument ahall remain in full force and eHect during any postponement or e~ctenaion of
the time of psyment of the iadebtedness or any p~?rt thereot eecured hereby.
~ 13. If the Mortgagor default in any of the covenante or agreemente oontsined herein, orin ssid note, t6en the
Mo~gagee mey periorm the same, and all ezpendiLures (including reasonable attorney'e fees) made by the Mortga~ee
in so domg shall dnw iaterest at the rate provided for in the principal indebtedness, snd shall be reps~ able
thirty (30) days atter demand~ and~ toget6er with interest and costs accrued thereon, shall be secured by
~ this mortgage. -
14. Upon the request of the Mort~agee the Mortgagor shsll execute and deliver a supplemental note or
notes for the sum or sums advancecl by the :~iortgagee for the alteration, modernization, improvement, main-
tenance, or repair of ssid premises~ for taxes or as.~essment,s against the seme and for an~ other purpose author-
ized_hereuader. Ssid note or notes shall be secured hereby on a parity with and as tully as if the advance
evidenced thereby were included in the note first described above. Said supplemental note or notes shall bear
interest st t6e rate provided tor in the principal indebtedness and shall be payable in a~
pproximately equal
mont6ly psyments for such psriod as may be agreed upon by the creditor and debtor. Failing to agree on the
F.: msturity, the w6ole of the sum or sums so advanced s6all be due and pa~able thirty (30) days atter demand
by the cred~tor. In no event shall the maturity extend beyond t,he ultimate raatunty of the note first
described above.
60011 ~ PAGE ~
i~~~ _
. . _ . _ - - _ _ _ ~
: : y~
~ _ ~ - -
~ . _ .
_
~
w t ~ = _ . _z ~ = _a_