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HomeMy WebLinkAbout2926 lender to tli8 i`lOr~~tt~:Pe u? ~crordtRCl' ~YIWI 1I14 ~1I'01itlit0118 UI IIIP Ilolt• ~it'cu~tnl u~•iau~. ~uu Nw~~~~ca~~ aa~. entire indebtednesa repn~sruted 11wnsLv; l!?e Mortgagee, as trustee, shaU in computing /!~e au~oun~ of such indebteJness, credit to the a~cou~t of the ~lort aKor any cre~ttt l,alance rnmainin~ und~r the pro~•isions of (a) ot aaid par ph 2. lf thern s1~a11 be s defau~t under an~ ot tlie provi~ions o~ tLis n~or~gu~c rnsulting in s public aale o the preu~~sea cb~ered I~erebv~ or it the Mortgagee ruyuues tl~e propeny othervv~ aftec cletsult, the Mortgagee~ aa truatr.e~ shaQ apply, at the tune of the couin?encement at such proceedinga or at tlie time the property ia otl~erwise acquirecl~ the sueount 11?en n~u~aining to credit ot Mortgagor under (a) of paraKrapl~ 2 preceding se a crediL on 1he interest accrued and unpaid at~d t!?e balwneo to tl~e princ~pal then rni~iainin~ unpsid on said no~e. ~ 4. He ~rit! p~y ~il ta~ces. ~eeeeements~ watss. rstes~ ~nd other government~l or municipal chargee~ 8nes~ os impoeiUons, fo~ which provisioa haa noti been made hereinbefore~ ~?nd ia detsult thereo~f We Mortgsgea mny ps3? tbs nme; aad t6ut 6e will P~P`b? deliver the o8'icial reoeipta lherefor to tbe Martgagee. b. He ~rill pecmit, oommit, or su8er no waate, impairment or deteriorstioa of said proPet'tY os +?n Par~ thereot euoept reaaonabW ~?ear and fRSr• snd in the event ot the fai~ure of t~e Mostg~gor to keep t6e bu3din~s on eai~ premiaes and tl~aee to be erect,e~ on eaid premieea or ianprovements thereon~ ia 6ood repair the Mortg~gee uunY mske such repsirs as in its discretion it m~y dcem neoeeeary for tbe pmper presc:rvation thereo#, and the tull amount of e~ch snd every suc6 psyment shaU be due and psyable thirtY (30) days sfter demand~ and ehsll be seeured by the lien of this mort~e. 6. He will psy all and aingular the ooste~ ug , snd espenee~ including reasonsble lawyer's fees, and oosts of abstn?cts oi utle~ incurrss! or paid at sny time by the Mortgagee ba~uee of the failure oa the psrt of the Mort,~gor promptly and fully to pertorm the agreementa and oovenaate ot esid promiaeory note snd thie anortgage, ancl said eoeta; chargea, and expenees sh~il be ia?mediateiy due and peyable and shsil be secured by the lien of fhia mortgage. 7. He arill oontinuoua~jr maintsin hazsrd insurance, of such type or types snd umounte as Mortgsgee msy trom time to time require, on Lhe impmvements now or hereafter on said premises and e~cept when payment tor ~11 such premiums haa t6eretolore been made under (a~)of psragraph 2-hereof ~e will psy promptly when due any premiums thcrefor. All insurance shaU be carried in comPatues spprove~ by I?lortgsgee and the poli- cies and renewals thereof shall be held by Mortgagee and bave attached thereto losa pay;ble clieuses in favor of aud in torm accBptable to the Mort~agee. In event oi loss he vvill give im.anediste notice by mail to Mortgagee~ and I~Zortgagee may make.proof o~ Iosa if not made~ promptly by Mortgagor~ and each inaurance oompany ooncerned is hereby~ suthorued and directed to mske payment for aucL loea directly to Mortgage~e inatead of to Mortgagor and Mortgagee ointly, and the insurance proceeda, or any pst~ thereof, msy be applied by Mor~ ~agee at ita option eit6er to t~e reduction of the indebtednesa hereby eecured or to the restor4tion or repair of .the property dama~ed. In event of foreclosure of this mortgage or other transier of title to the mortga~ed ~mperty in eatinguishmeut o! the indebtedneea secured Lereby, a~l rigLt, title~ and intereat of. the Mortgagor m and to any insurance policiea then in force ahall pnss to the pucchaser or grantee. 8. If the prniui~~, or nn~- purt thereaf, be condemned un~ier the power of eminen~ domsua~ ur acyuirnd for a public use, tlee dutnages aharcled, tli~ pra•~•e~ls for tlic~ takink of, or ihr ~ansiclc•ration for suc•I~ acqu~s?tton, to tlie ertent of tLe full a~nount of tlie mmaining unpuid ind~i?t~~~ln~~ss w~i•ure~l hr this i~~ortgag~, arc liernbl' assi~?n~•d to tLe ~IortgaKee, and his heirs or assiKns, u~ui shall U~• puid forth~citli to tisid :~iortgagc~ or his iusi~nee to be~ ap~~lied on account of~ tl?e last mutur~nK installn~~~uts of su~•li in~i~~btecinc5s; pmvided, howr~er, , the ~lortkaKei• or his sLSSignee, ~i?a~ ut his ~lis~•rt•lioi~ par dirr~•t to th~~ ~Iortg~#;or, his heirs or assigns an~• part ~ or ell of su~•h aHard; pro~idecl, tht?t- i( the loan is Kuurn~ite~d or insw~~d, the ronsent of the gunrantor~or insurer is obtained in ad~ance ai said pa~•~uent. 9. The Mortgagee may~ at any time pending a suit upon this mortg,age~ apply to the oourt having jurisdiction f thereof for the appointment of a receiver~ and auch oourt ahall forthwith appoint a reoeiver of the premise8 oovered hereby all add singular, including aU and singular the inoome~ pmfits, issues, and revenues from whatever s~urce derived. each and every of which, it being expressly underatood~ ia hereby mortgaged a8 if specifically aet forth and described in the granting and habend~m clsuses hereof. 8uch sppointment ahall be made by such oourt as an sdmitted equity and s matter of absolute right to said Mortgsgee~ and withouti r~ference to the adequaay .or inadeguacy ot Lhe value of the pmperty mort~aged or to the solvency or inaolvency of said Mortgagor or t'~e defendants. 3uch reats, pmfita. income~ issues, and i'evenues shall be aPPlied by auch reoeiver aooording to the lien of this mortgage and the practice of such court. In the event of any default on the parC of tLe Mortgagor hereunder, the Mortgagor agrees to pay to the Mortgagee ~ demand a8 s masonable monthly rental for the premises s~n amount st leaat I equivalent to on~twelith (~s) of theag~a te of the twelve monthly installments payable in the then curreati ~ year plua t6e actusl amount of the ann u s l t a xea, assessments, ~+ater rstes, a n d iasucance premiums for such year ~ not covered by the afor~said monthly pe~ymente. _ { 10. In t6e event of sny b~each of this mortgage or default on ttie part of the Mortgagor~ or in the event t6at I ~ny of esid aums of money herein referred to be not promptly a~d fully paid accordu'?g to the tenor hereof, or in ~,he # I event that each and every Lhe atipulations, agreementa, conditiona, and oovenants of said note and thia mortgage, - ( sre not duly, pmmptty, and fuUy pedormed; then in either or any such event, the said aggregate aum mentioned ~ in said note then remaining unpaid, with interest accrued to that time~ and all moneys secured hereby, shall become . ~ due and payable forthwith, or thereafter~ at the option of said Mortgagee, as fully and completely as if all of tbe _ eaid snms of money were originally atipulated to be p~id on sucb day, anyLhing in said note or in this mortgage to tbe contrary notwithstanding; aad thereupon or thereafter, at the option of said Mortgagee, without notice ar i demand~ suit at law or in equity, may be prosecute~f as if ap moneya secured hereby had matured prior to ita institu- ~ tion. The Mortgagee may forecloee t6is mortgage, ss to the amount so declared due and p~yabk, and the said ~ premises shall be sold to satisfy and pay the same together with costa, expenees, snd sUowancea. In csae of partial ~ foreclo~ure of this mortgag~, the morigaged premises shall be sold eubject to the oontinuing lien of thia mortgage for the amount of the debt not then due and unpaid. In auch csee the provisions of this ~aragre?ph may ag,ain be availe~ of thereafter Irom time to time by the Mortgagee. ~ 11. No waiver of any oovenant herein or of the obligation secured hereby shall at any time thereafter be held ~ to be a waiver of the terma hereof or of the note secured hereby. 12. The lien of tbie inscrument shall remain in full force and egect during any postponement or extenaion of ~ tbe time of psyment of the indebtednesa or any part thereot eecured hereby. ~ l3. If the Mortgagor default in any of the covenanta or agreements contained herein, or in said note, then the ~ l~iortgagee may pertorm the same, snd all e~cpenditures (including reasonable attoroey'e fees) made by the MortgaRee ~ ~ in so doing shall drsw interest at the rate provided for in the principal indebtedness, and ahal! be mpsyable ~ thirty (30) days after demand, and, together with interesl, and costs accrued thereon, shall be secured by ~ ~ thia mortgage. ~ 14. Upon the request of thc Mortga~ee the l~iortgagor shal! execute and deliver a supplemental note or ~ notes (or the sum or sums advanced Dy the Siorlgagee for the alterat,ion, modernization, improvement, main- tenance, or repair of said premises, for taxes or as.~essmcnts ageinst the same and (or any other purpose author- ~ ized hereunder. Said note or noles shall be secured hereby on a parity with and as fully as ~f t,he advance ! evidenced thereby were included in the note firsl described above. Said snpplementa! note or notes shall bear ~ ~ interest at the rate provided !or in the principai indebiedness and shall be payable in approximately equal monthly pay ments for such period as may be agreec! upon by the crcclilor and debtor. Failing to agrce on the # ~ maturity, the w6ole of the sum or sums so aJvanced shnll be Jue and pa~•able thirty (30) days after demand ~ by the creditor. In no event shall the maturity extend t~yond ~he u1l,imale raaturiLy of the nMe first described above. $0~1t~ ~E~~ 29~y ~ _ _ _ - - - - - - _ - s.."~ - i . 3 ~ - ~ _