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Home My WebLink About2136 ~ I For We purpos~ of indacia~ t6~ Mort~qe~ fo e:te~ to the Mort~or We credit 6ereby evWeaced sad ucured. t6e 1?iat~a~or hereby co~enanb an~ ~reea 1. To pmmpUy pay when &st due the obligation evideaced aad secured 6ereby. This coveaaat shall be conswod to coastitute an iadepeudent, uaequivocal ~nd unconditioaal obligatia~ oa the part of the 1Nortgagor to pay to the Mortgageesthe debt ~ereby evidenced aad secured. 2-a To prompUy pay when due aU and aingular the taxes. axsessaxats, levies, liabilitia aad eocumbrances ot every nature and tind impoxd and Ievied oa We above dacribed property or any part thereof; to prompdy deliver to tha Mortgagce~ when raeived o~ issued. all official receipts and satisiactiow showing pertormaace ot the coveaaau 6erooi. If the Mortgagor shali detault in the performanoe of the covenanb hereof. the said Mortgagee may at any time. without ' waiving or aftating tw opdoa to forecloae. or any rig6t hereuader. pay aaid tax~s. BSSCSSI11GI113. ICVItS~ liabilitiea and encumbrances, aad every payment so made by the mortgagee ahall bear interat from tha data t6eroof at t6e rate oi 896 pu snnum. 2-b. To promptly pay whea due all intaagible personal property taxa; occupation. excise. sales and transaction tsxe3: ; uaemploymeat and withholdinY taxa; aU liceaus ot whatsoever kind. including but not limited to alco6olic beverage license; , 5 and all other taxes and liceases levied or e:acted by any suthority relating to the use. operation and businas o[ t6e Mortgagor conducted on We aforesaid encumbered property; and to prompdy deliver or exhibit to the Mortgagee. when received or s issued. al! official receipts and proof of paymeat of each of We atoraaid. ~ 2c. To prompUy pay when dua all operating, maintenance and servicing c6arga and oosta relating to the rea! and ; persoaal property encumbered by this mortgage, including but not limited to telep6one, gas, electricity, water, water ~ eonnec?ioa. sewer. sewer connections. and al) other eapenses iocurred in the use and operation of said e~umbered property. ; and to furnish or exhibit to the I?lortgagoe proof of the performaoce of t6e provisions hcroof. 3. To pay all and singular the ooab. charges and expenses; incl~diag lawyer's toes, rcasonably incurred or paid at any time by said Mortgagee. because of the failun on We part of said Mortgagor to perform. comply with and abide by each and every We stipulations. agreements, condidons and covenants of said promiswry notes and this deed. or either. and avery auch payment ahall bear interest from date at the rate of 896 per anaum. ~ 4. To keep We bw7dings and persond property now or hereafter located on aaid land insured against loss by 5re j.r.,. and vrinosiorm. in a sum noi ieas inan i6e unpaid ii~jj(C$dlC lallCUlC(IUCJl UGIGUj~ ScViuw~ iia a a.vu~j.uuj vi w"' w:.^. ~ approved by said Mortgago~ and the policy or policies held by and payable to said Mortgagee, and in the event any sum of money becomes payable under such policy or policies. the Mortgagee shall have the option to receive and apply the same on account ot the indebtedness hercby secured or to permit the Mortgagor to rticeive and use it, or aay part thereof, for other pnrposes, without thereby waiving or impairing any equity. lien or right under or by virtue of ihis mortgagc, and may place and pay for such insurance or aay part thereof without waiving or aft~cting the opdon to toreclose or any right henunder. and each and every suc6 payment shall bear interest from date at the rate of 8% per amum. 7'o prompdy deliver to the Mortgagee original receipts or other written evidence showing payment of all insurance premiuw when due. - S. To permit, commit or sufler no waste, impairment or deterioration of said real or personal property, or any part ~ thereof. To keep all improvements, buildings and personal property situated on the above described land in good state of ~ ~ repair, weil painted and waterproofed. and to promptly pay all costs and expenscs theroof. VI?ithout the written consent of the = ' mortgagee. the mortgagor s6a11 not cemove, or allow to be removod. the tang~ble personal property hereby encumbered from ~ the above describcd real properiy. ; 6. No delay by th~ Mortgagee in enforcing the terms and provisions of thu Mortgage deed or the promissory notea ~ henby secured shall ever be cons~rued as a waiver of the Mortgagee's right to enforce ihe same. 'il~e debt evidenced and } secured by this mortgage dcod and the promissory nota herein referrod to. having once been acceleratcd by reason of default, canaot be decelerated save and except (1) by an instrumeat in writiag executed by the Mortgagee under seal. and also ; (2) supported by independent good and valuabte consideration. The acceptance by We Mortgagee of part payment or part ; i performance by the Mortgagor shall not be trwted as curiag any default, nor shall the same operate as an estoppcl or ~ ~ waiver agaiast the Mortgagee. ~ - ~ 7. If any said sums of money herein referred to be not promptly and fully paid within fifteen days next aftec the ~ same severally become due and payable, or if eac6 and every the stipulations, agreements, conditions and covenants of said ~ ? promissory nota and this deed, or either~ are not duly performed, compliod with and abided by, the said aggregate sum ~ mentioned in said promissory ootes ahall become due and payable forthwith sutomatically and without notice. as ~ full and com letei as if We said a ~ ~ y p y ggregate sum of money evideaced by the promissory aotes 6ereby secured wat originally : stipulated to be paid on such day, anything in said promissory notes or herein to the contrary notwithstanding. ~ I - ~ 8. It is agreed that the provisions. agreements, terms and wnditioas contained in this mortgage deed, snd promissory notes hereby secured, together with We lien and security hereby creatcd, s6aQ extend and apply to, and govern any and all s notes given in extension or renewal of the notes henby originally secund. ; I ~ 9. Alt persons, associatioas and corporations liable for the debt bereby secured, whetber primazily or secondarily, and each of them, hereby expressly waives any statutory or other defense whic6 tLey now have, or may hereafter have against the ~ enforcemcnt of the temu. provisions, agreements and oonditions of this mortgage deed and the promissory notes hereby G secured, and eac6 of them dces hereby agee that they have no set-off or counterclaim against the enforcement and colloction ~ of the debt hercby securod. and further agree and wasent to the entry of a swnmary 5nal decree for the enforcement of the ~ ~ provisions of this indentuta ~ f 10. The term °mortgagee" as used in this mortgage deed and the promissory notes hereby secured. shall be deemed ' ` to include and mean the mortgagee, his or her or their heirs, administrators, executors and assigns, and if a corporation, its ~ ~ successors, tees and assi gran gns; the term °morigagor° as used in this mortgage deed and promissory notes hereby secured ~ ~ shall be deemcd to include and mean the mortgagor. his or her or their 6eirs, administrators, eacecutors, grantee,s and assigns, ~ ~ and if a corporation, its successors, grantees aad assigns. The use of the singular shall be construed as the plural w6enever tbe ; conteat so requires. The terms "debt° or '•obligation". as used in this mortgage deed and promissory notes hereby aecared, ~ a„ I shall be deemed to include all the coveaants. agreements and promises of the Mortgagor a4 hercin delineated. ~ i l. Upon default by the mortgagor of any of We terms, pmvisions. agrcements and conditions of this mortgage deed, ~ and the promissory notes 6ereby secured. the mortgagee shall have the right to hav~ a raxiver appointod to take charge of, e = control and manage the mortgaged premises, and to collect and hold the renu and pro6ts accruing thenfrom; suc6 receiver shall be appointed without the nectssity of showing inwlvency of the mortgagor or inadequacy of We mortgaged security; all rents, pro6ts. revenues and income srising from the mortga~ed premises or accruing thercupon shall, upon default of the mortgagor of any of the terms of the mortgage deod or the promissory notes 6ereby aecured, be considued as trust funds, and if callected by the mortgagor the aame ahall constitute trust funds and b~ held in trust for the use and bene6t of the - - mortgagee, and forthwith deliverod upon collection to said mortgagee. T6e mortgagee is eacnsed from giving or Sling any bond in a judicial proceeding as required by atatute or rules of court as a condi6on or prerequisite to the appointment of a - receiver. issuance of injunctioa. attachment, garnishmeot or other provisional remedy. or supersedeas in the event ar appeal = u taken by the mortgaga. The awrtgagor irrevocably waives such statutory or rule requiremenu relating to bond. 12. No peison liable for the debt hercby securod, whet6er such liability u primary or sa:ondary. and whether such liability is creat~d by eodorxment of the notes or as joint maker of the notes. or guarantor. or having assumod the obligation ~ to pay said mortgage debt or otherwise liable for said mortgage deb~ shaU be released or dischargod from liability of the aforesaid debt by virtue of any extension or renewal granted by We mortgaaee to We maker of the notes hereby secured, or any other person liable for aaid debt, whether primary or secondary. The mortgagee is hereby exprasly granted the right y~ ~ 6~~K 23`~ F~~E 2134 :r ~ - . ~ ~ , ~ - . _ _ _ _ ~ Q:_ - ~