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HomeMy WebLinkAbout1456 ~ . , . . tender to the I~iortgagee in accorclanee ~ith the provisiona o[ tlie note eecured 1«reb~~ fuU pacment of tlie entire indebtedness rnprnsented therFLv~ tha ~lortge?gee~ ea trustee, shall, in computing thP amount of sucli indebtedness~ er~~dit, to tiie account o( the Mortgagor qnp creciit balance rnmaining under the' pro~•isions of (a) . of said parsgrw{?1~ 2, I( thcre slisil be a detault undcr sny o[ tl?e provisioi~s of t}?is niortga~;~ result i~~~? i~~ ~ public sole af the prcmise~s co~•ered hereby~ or if tho 111ortgagee acquues the propert~ otherw~se a[~er dc[ault, t1~e Mortgag~~, aa truetc~~ sl~all apply~ at the timo of the coinmencement o[ such proceedings or at tl?e ti~~iP the pmpert~• ig oth~~rw•isr acc~uired, the smount then Te~uainin to credit o( T'Iortgagor under (a) of para~;rap)~ 2 preceding as u credit on tl?o inten~st accrued and unpaid and t~o balance to the p~incipa141~en rnuiaiuu~g unpaid on said note. ~ • 4. He ~vill psy sll taxee, a~eamente, Rster retee, snd other goveramental or municipal charges, finee, or . impoeitio~~ for ahi:h provision haa not been made hereinbefore, and in default thereof the Mortgegee may pay tho eame; swd that be ~vill promptly de-liver the o~'icial reoeipt~+ theretor to the Mortgage~. b. Iie will permit~ oommit, or auBer no ~vaate, impainnent, or deterioration of eaid property or any part thcreof, except rea9onat,le wear and tear; and in the event af the failure of the Mortgagor to keep the buildings on eaid pmmisee and thoee to be erected on eaid premisee, or improvements thereon~ in good repair tha Mort~cRgee may make such repair~ as in ita discret»on iL msy doam ne~ssary for t~e proper ~regesvz*.~e~ ttxsee~~ e3d the iull amoun0 of each su~d every'such payment ehall be due aad p~yable thirty (30j days after demsnd, aad shall be sacured by t,ba lien ot thia mortgage. 6. He ~vill pay all snd eingular the aoeta, cll~ t~snd espenees, including ressonable lawyer'e feee, and ~ossta of ebstracts of title, incurred or paid at any Ume by ortgagee becauae of the failure on the part of the Morigagor promptly and tully to perform the agreementa aad o~venants of eaid promiesory note and this mortgage, and said oosta, chargee, und expenses shall be immediate~? due and payable and ahall be eect~red by the liea of this mortgage. 7. He rvill oontinuovely msintsin Lazsrd insurance, of auch type or types snd atnounts as :Vlortgagee map trom time to time require, on the improvementa now ur Lereatter on said p and e~cept ~rhen paymenC for sU suc6 premiums has tLeretofore been made under (a) of pangrs~h 2 L~e will pay promptly wheQ due any pr~miums thorefor. All insnranoe shall be carried in oompanies spprove~ by I?iortgagae and the poli- cies and renewals thereof shall be held by Mortgagee and heve attached thereto loes payable ciausee in isvor of and in form 4cceptuble to the Mo~ee. In event of loss he will give immediute notioe by mail to I~Sortgagee. and Mortgagee may make.proof of oes ii not made promptly by Mortgeg~or~ and each insuranoe oompany o~ncerned is hereby~suthonzed and directed to make payment ior such loes duectly to Mortgagee instead of to I~iortg~gor snd Mortgagee jointly, and the insuranc~e proceeda, or any part thereof may be a~pLod by Mor~ gagee at its opvon either to the reduction of t6e indebtednees Lereby eecured or to the restorat~on or r8pair o# the property d~ma~ed. In event of foreclosure of this mo or other transfer of title to the mortgaged m proparty in ext,ingu~ment oi t6e indebtednees eecnred Lereby, tight, title. and intereat of the Mortgagor m~nd to sny insurnnce policies tban ia foroe aLall p~ss to the purcbaeer or gr~wtee. 8. Tf tl~e premises, or snr part tliereof, be condenmed nnder the po~ver of enunent doniain, or ~cquircd for a public ~e~ tlie dan~ages awarcie+d, tl~e praceecla for the taking of or the consideration for suc•l~ arquuition, to the extent of the full amount of the ten~sining unpaid indebtednesa securnd br this niortga~~, ar~ liereb~ •ssigned to tlie Mortgagee~ and his heira or ssuigns, and shell be psid forthwith to 8aid ?~iortgag~~ or liia ags~gnee to be ~pplied on account of the last meturing instaUments of such indebtedness; providc~l, I?ow c~ er, the Morigagee or h~s assi~nee, l~iay at~ his discretion pat direct to the Mortgagor, }us )ie'us u~ ussigns an~ part, or all o[ sucli aw~ard; provided, that if the loan is guat~nteed or insured, tlie conseut o! the gunrai?tur ar insurer is obtainecl in ad~snce of aaid pa~~nenw 9. The Mortgagee may, t?t t?ny time pending s euit upon f~ie mortgage, nppIy to the to~t haring juriediction ~ thereof for the ~ppointment of a reoeiver, and such eourt shall forthwith appoint a rec~eivez of the premises covered E her~by ~11 arid singular, including all and sing«ilar tbe inoome, profite, iesuea, and revenues irom w hatever aouroe ~ derived, each and every of ~vhich, it being e~pressly uaderstood, ~s hereby mortgaged es if epecifically set forth and E deacribed in the arxnting and habendum claueee hereof. Such sppointment shall be made by such court as an admitted E equity and s mutter of absolute right to eaid Mortg,nge~, aad without referenoe to the adequacy or inadequacy of the value of the property mortgsged or tu tbe solv~ency or ine~lvenc}? of eaid Morigagor or t~e defendants. Such ; renta, profits. income, issues, sud reveaue$ ahali be a~pplied by euch reoeiver aooording to the lien of t6is mortgage f and the practice of auch oourt. Ia the event of any default on thep~ of the Mortgagor hereunder, t6e rsortgagor agrees to pay to the Mortgagee on demaad as a teasonabls montLly rental for the premises an amount at lcast ` equivalent to one-twelfth of the~ga te of the twelve monthly instaliments p~?ysble in the then curmnt x year plus the actual amount of the annual taues, ~ent~, water sates, and insuranoe premiums for such year ~ not oovered by the ~foresaid monthly pe?~menta. _ ~ lO.In the event of any bresch of tl~is mortgage or default on the pert of the 1liorf~gorf_or in the event that ~ eny of said sums of money hereia refen~ed to be not promptly and fully paid according to the tenor hereof, or iu the = event that each and every the stiptilations, agreementa, oonditiono, and cove.nanta of said note and this mortqlge~ ~ are not duly, promptly, and fully performed; thea in eithet or sn}r auch event, the esid aggregate ~um mentioned c ia sa.id note then remaining unpaid, with interest accrued to that time, and all moneye eecured hem~y, shall t~rcome ~ due ~nd pe.yable forthwith, or thereafter at the option of eaid Mortgagee, as fully and oompletel~ as if al! of tha Y said sums of money were orig(nslly etipuiated to be paid on such day, anyLhing in said note o~ in this mort~;.?~e to the contrary notwithstanding; sad t,herenpon or thereafter, at the option of said Mortgagee~ aithaut noci.r or ~ demand, suit at law or in equiLy, may be proeecute~i as if all moneya eecured hereby had matured prior to its institu- ~ tion. The \tortgagee may forecloss this mortgage, as to the amount eo declared due and pa~•able, and the s,zid - premises shall be sold to satisfy and pay the same together with costa, eapenses, and alloaances. In c.3se of partisl _ foreclosure of this mortgage, the mortgaged premisea ehall be eold subject to the continuing lien of this murtKaqe ~ for the amount of the debt not then due and unpaid. In such case the pro~~isions of this paragraph may ngain be availed of thereafter from time to time by the Diortgsgee. ~ 11. No waiver of any oovenant herein or of the obligation secured hereby shall at any ti~e thereatter t,c hcld ~ to be a~raiver of the terms hereof or of We note secured hereby. 2. The lien of thia inatrument shsal semaia in full force and effect during any poatponement or extenaion of - the time of payment of the indebtednesB or any patt thereof eecured hereby. 13. If the 111ortgagor default in sny of tbe covenants or agreements contained herein, or in said note, th~n the Mortgagee may pedorm the same, and all ezpenditures (including m,asonable attomey's fees) mxde by the 1lfortQ~ee = in so doing shall draw interest at the rate provided for in the principnl indebtedness, snd shali bc r~Pa~-st?le thirty (30) da}•s after demand, and, togethet rvith interest and costa accrucxi tLereon, sl,all be aecurc~i by this mortgage. ' l4. U~on the request of the Mortgagee the Morfgsgor sha]1 eaecute snd deliver a s»p~lcmental note~ or notes !or the sum or sums ad~ anced by the 1~iortgagee for the alteration, modcrnization, imp~b~•c~rnt•nt, main- _ tenance, or repair of said premises, for taxea or a~essments against the ssme and for any othcr pur~H?~~~ nu t hor- ized hereunder. Saed note or notea shall bs socured.hereby on a parity wit6 and as fully as if the ac1~ ance e~ i~lence~ thereby xere included in the note Srst desci~ibcd sbove. Said supplemental note or notc•.. ~'~slt i,e~ar int~rest at the rate providcd for in the principal indebtoclness and shall be paynble in xppro~imat+~l~- equal mon:hly pa~~ment3 for a~~ch period as may tx: t~;recci up~n by the creclitor and clebtor. Failir:~ to ~t! tl~r - maturity, t~ie w~l~ole o[ the sum or sums so advanced shap t~e due and parable tl?irt~ ci~~:> ~:f;r~ ~~~r.~:~l ` by the crEYlitor. In no event shall tLe maturity extend bc.~ond ~hs itltiniate rsa~urity uf lLe uu~e iii~t i descnbed above. aoa~~7 o~i4~5 :3 C ~ ~ t~_._. _ . . . _ . ' . I ~ .s . . ~ _ ..r.... ,