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Home My WebLink About0711 ^oc the purposc~ ot fndurln~ the \tortka~~~e to ~ xtend [o the \tortgagor the crcci~t ncrrby rvidenced and se- i •urr•ci. :he ~fortgxgor hrr~•by cov~~nai~ta .?nd al;rees: ~ i 1. 'Pa prompUy pay wh~n first due the obligation evidenced and secund heri~by. Thia covenant shall be cort- ! strueci to ~onstltute an indepcndent, unequlvocnl and uncoAdltional obligatlon on the part oi the ~tortRagor to pay to the ~[ortg~ig~.~ the debt hereby cvidenced :~nd secuted. :-a. To nromptly pay when due all and etn~ular the taxca, ~sscasmenta, levies, liabiliUea An~i ncttmbrancea of rvery nxtttre nnd kind imposcd and levied on the above describcvi rm~rty or any part thei to prompUy i delivt~r to the \iortga~ee, Hhen recelved or Issued, all off[cial receipta and satislactiona showing pc~,:,.rmancr of the ~ covenanta hermf. Ii the \tortgagor shall defauit in the perlormance of th~ covcnante hemof, the said ~iortgagee ~ may at any time, without u•aiving or affecting hie option to foreclose, or any right hereunder, pay said taxee, :?.ss~agments, levics, liabilities and encumbrancea, and every payment so made by the ~[ortgagce shall bear intereat ( from the dnte themof at thc rate of 8':'c per annum. ~ 2-b. To promptly pay when due ull intangtble pereonal property taxes; occupation, excise, salea and trans- action taxes; unemployment and withholding taxea; all llcensea of whatsoever kind, includ(ng but not 11mitM to ak~oholic beverage license; and all other taxea and licenaes levled or exacted by any authority rnlating to the uee, oper.?tion and biisine.as oi the ~iortgagor conducted on the atomsaid encumbered property; and to promptly deliver or ~xhibit to the ~fortgagcr, when received or isaued. all officiul receipts and prooi ot payment of each of the aforesaid. 2-c. To promptly pay when due all operating, maintenance and aervicing charges and costs relatIng to the rnal and personal property encumbered by thls mortgage, including but not limited to telephone, gas, electrlcity, water, ~sater connection, sewer, sewer connections, and all other expenaes incurred in the use and operation of sald I encumbemd property, and to furnish or exhibit to the ~Sortgagee proof ot the performance ot the provisions hereoi. 3. To pa~ all and singular the cost~, charges and expenses, including !a«yer's fcos, reasonably incurred or paid at any time by said ~iortgagee, because of the fatlure on the part of said riortgagor to perform, comply with and abide by r?ch und every the stipulations, agreements, conditiona and covenant~ o! said promiaaory notes and • this deed, or eithcr, and every such pay~nelt shall beaz interest from date at the rate of 8~''i per annum. 4. To keep the buildings and personal property now or herealter located on said land insured against losa by firn and windstorm, in a sum not less than the unpuid aggregate indebtedness hereby secumd, in a company or companies to be approved by said Mortgagee and the pollcy or policiea held by and payable to said 1?iortgagee, and in the event nn~ sum of money becomea payable under such policy or polictes, the ~iortgagee shall have the option to n:ceive and apply the same on account o! the indebtedness hemby secured or to permit the Mortgagor to ~ recefve and use it, or any part thereof, for other ourpo.9ea, w~ithout thernby waiving or impairing any c~uity, lien ? or right under or by ~rirtue ot this mortgage, and may place and pay for such insurance or any part thereo! with- ; out waiving or affecting the opiion to foreclose or any right. hereunder, and each arid every such payment ahall ' bear interest tmm date at the rate of 8';'~ per annum. To prompUy detiver to the ~tortgagee orlginal teceipta or ! other written evid~nce showing payment of all insurance premiume when due. 5. To permit, commit or suffer no uaste, lmpairment or deterioration o! said real or personal property, or any part thercof. To keep all impmvements, buildings and petsonal property situatcd on the above deacribed land ~ in good state of repair, v?e11 painted and r~aterproofed, and to promptly pay all costs and expenaca thereoi. Without the writien consent of ihe ~fortgagee, ihe ~iortgagor shall not remove, or allow to be removed, the tangible per- sonal property hereby encumbered from the above dexribed real property. ~ 6. No delay b~- the \iortgagee L1 enforcing the terms and provisions of this mortgage deed or the promis- sory notes hernb~• serured shall ever be consttued as a walver of the Mortgagee's tight to enforce t6e same. The debt evidenced and secured by this mortgage deed and the promissory notes herein referred to, having once been ° accelerated by rnason of default, cannot be decelerated save and except (1) by an instnunent in writing executed i bS~ the Mortgagee under seal, and also !2) supported by independent good and valuable consideration. The ac- ~ ceptance by the ~+Iortgagee of part payment or part performance by the biortgagor shall not be tteated as curtng any default, nor shall the same operate as an eatoppel or walver against the ~fortgagee. 7. If any said sums of money herein referred to be not prompUy and lully paid within fifteen days next after the same several~y become due and pay~able, or if each and every the stipulations, agreements, conditiona and cove- nants of said promiasory notes and this deed, or either, are not duly performed, complied with and abided by, the i said aggtegate sum mentioned in said promissory notea shall beoome due and payable forthwith automattcally ; and w ithout notice, as fully and completely as if the said aggregate sum of money evidenced by the promi~ory I notes hemby secured was originally siipulated to be paid on such day, anything In sald ptomissory notes or hei~ein i !o the contrary notwithstanding. t . ~ ~ 8. It is agreed that the provisions, agreements, terms and conditions contained in this mortgage deed, and promissory nutes hereby secured, together with the lien and aecurlty hereby cmated, shall extend and apply to, and ~ ~ govern any and all notes given in extension or renewal o! the notea hereby origlnally eecured. ~ ~ ; 9. All persons, associations and corporations liable for the debt hereby secured, whether primartly or se- condarily, and each of them, hereby exprnssly waives any atatutory or other defense which they now have, or ~ may herrafter have agais?st the enforcement of the terms, pmvisions, agreements and conditiotta o! thia mortgage ~ deed and the promissory notes hereby secured, and each of them doea hereby agree that they have no aet-oft or ~ counterclaim against the enforcement and collection oi the debt hereby secured, and lurther agree and coneent to s the entry o! a summary final decree for the entorcement ot the provisione of thta identure. ' ~ ~ 10. The term "~fortgagee'~ as used in t!?is mortgage deed and the promisaory notea hereby eecured, shall be ' deemed to include and mean the ~iortgagee, his or her or their heirs, administrators, executore and aseigns, and ; it a corporafion, its successors, grantees and assigns; the term •'Mortgagor'~ as u~ed in thia mortgage deed and promissory• notes hereby secured shall be deemed to ir:clude and mean the ~iortgagor, hia or her or their heira, ad- i ministrators, executors, grantees and assigns, and i! a corporatlon, ita successors, grantees and aseigns. The uee oi ~ the singular shall be construed as the plurat whenever the context ao requirea. The term~ ••debt" or "obligation", as ~ ~ used in this mortgage deed and promissory notes hereby secured, shall be deemed to include all the oovenanta, ~ > al;reements and promisea of the ~tortgagor as herein delinested. a ~ it. L'pon deisult by the :ltortgagor of any oi the terms, proviaions, agreements and condiUone of thia mort- ; gage deed, and the promissory notes hereby eecured, the Mortgagee shall have the right to have a receiver ap- 4 pointed to take charge ot, oontrol and manage the moMgag~ed prnmises, and to collect and hold the rents and ~ profita accruing therefrom; such receiver shall be appointed without the necessity of ahowing insolvency of the ~ ltortgagor or inadequacy of the mortgaged security• all rente, profits, revenuea and income ariaing irom the mort- < gaged premisea or accruing Lhereupon shall, upon default a~ the Mortgagor of any of the terma of the mortgage ; ~ deed or the promissory notes hereby secured, be conaidered aa truet tunda, and ii collected by the Mortgagc?r the = ; same shall conatitute truat funds and be held in ttuat for the use and benefit o! the Mortgagee, and forthwith ~ delivercd upon collection to said ~tortgagee. The Mortgagee ie excused from giving or liling any bond in a judiclal ~ 'rc proceeding ae required by statute or rulee o! wurt aa a condition or prerequiaite to the appointment oi a recetvet, is- ` suance ot injuncUon, attachment, garniahment or other proviaional remedy, or aupersedeaa in the event an appeal ~ ia taken by the Mortgagce. Thc Mortgagor irrevocably waives auch statutory or rule requirements relaW~g to bond. f . ` U p t) ~ ~ BOi~K ~ `1 i1 faGE ~O ~ ~ ~ t ,j' ~ ~ r ` ~ _ ,'~a ~ . _