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HomeMy WebLinkAbout0329 • ~ r . . . . . I'RO~'ID~I~ A1.~1'A1'S, ancl thes~ pr~scnts arc u~x~u thc cxpress cpnditton that. if ihe . mort~ugurs ,lr.~ll ~~a~~ t~~ the~ m~?rt~;a~;e~e•s thc certain prumiss~~ry n~~tes uf even clate 1 erewith, pa~~ahle t~i th~ urd~•r ui thc mort~a~;~~ts, iu the l~rinripa) sum of Sixteen Thousan~ 00/100 ($16.000.00)-------------------------------------------------- pollars ' (S 16, 000. 00----), to~;ethc•r ~~•ith all intc~rest thereun (a a~py or cupirs oE which are attached heretu), ~~~itli fi~~al pa~~i»rut clue November 15 , 1J81 , aud with priucipal and iu- t~•rest pu~•al~l~• ciu th~~ t~+rms and at tl~~• rate provicleci therciu; ai~d all rcuewals, extensiuns or in~xlific.~tious ~u( saici uut~~s; .iud shall eluh~, pruin~~th~ ai~cl fuUy perfc~rm, dischar~e, execute, / effc•ct, c~m~plrte. ~ti?mply ~~~ith and ahiclc h~• eacl~ aud evc~ry a~vci~aut, agreement, ohliga- tion, cy~uditi~~u aud sti~~ulatiui~ uf suid proinissury uutes aud c~f this mortgage~ dced, earh ai~d r~~t~ry, thr~~ this mortga~N ai~d the estatt hereby created shall c~:ase aud l~e null E and v~~icl. Prc,~•iciecl, it is iurth~~r cY?venante~~) uud a~r~•~~cl hy the parties hereto that this m~~rt- ~;aRe also seenr~•s the paymeut ~~f .u~cl iueludc~s all fnture c~r further advanc~cs as shall be made 1~~~ th~ mortgag~•cs hc~r~~iu to or f~,r th~~ henefit oE the mcrrtgagors, ~vithin ten years from ~ th~~ clatc h~ rec~f, tc~ thz~ sct~ne extt•nt as if sac4~ f~iteu-~ aclva»c~ s were made on the date of the ` .~•xerutiu~~ c~f this nwrtgage. The total a~nount of iudel~tcdness that may l~e secured h~• this ~nort~;ag~• ~~~a}• decrease or iucrease froin time tu time, but the total w~paid balanec~ so secured at ai~~~ une time shall ~~ut exce•ed the maxiunun principal sum of ~ 16 , 000. 00=---~- tc~Qethe~r ~~~ith interest thcreon aiid any ancl all disbursements made by the ~nortgagees for the ~~a~•mc ~~t uf taxe~, le~~i~~s, or iusura~?re ~~n the prc~pert~~ covered l~y the lien of this mortgage, with i~~terest on sunc ~iislwr~enicnts as pro~~ided fur hrrei~~after, and fur reasonable attorneys' fees and court cy~sts inrurred i~~ the.~ cullecti~~i~ of anv or all of such sums of money. Sueh further or future ~~ch~ai~res shaU I,e ~~~holly uptioual ~~~ith the mortgagecs, and the same shall bear interest as pruvicled in the nutes ucur~~d hrreb~~, unless said interest rate shall be modifiecl by subse- qurnt at;recmcnt. A\1) the saicl mortga~ors cY~~•eiiant ~vilh tlie said uu~rtgagees as follows: 1. Tu ~nake all pa~~~nents rcc~uired b~• saicl notes and t}us ~nc~rtgage promptly when due. '1'~? pay all t:~x~s, assessu~ents, lic»s ai~d eucutnl~ranres c,n said lands pr~~mptly when clu~. If the•~• arc: not prumptly paid, the m~~rtgagees ma~~ pay them ~vithout waiving the option t~~ fc~reclos~~, aiul such pa~~~nents, ~+rith interest thereon at the rate of eight~er ~ce~~t ig$ ) per anntiu~ fron~ date of pa~~ment, shall also he seciired by tlie lien of this rnc~rtgage. 3. To keep the huilclings and impr~~vements o~~ the said premises and articles of pcr- sun~ii pruperty co~•ered I~~• this mc~rtgagc iusured against loss I~y fire an~l othcr hazards as may I~c reasonabh• required b~~ tiir• mc~rtgagees, iu Eorm and am~~unts and with c•ompanies ap- ; pru~•ed I~y the murtgagecs. All ~x~licies sl?all be de~wsited with the mortgagees with premiums 4 ! iull~• prepaid and ith proper u~ortgagees' clauses attached thereto. The mortgagors agree, in ' the e~•ent o! an~• Ic~ss under ~i~y poliry of insurance, that the proceeds shaU l~e paid directly to the ~ mort~a~;ees a:~d the murtgagees may, in thcir sole discretion, apply the amount s~~ collected, ur any part therec~f, on the indc btedness l~e reh~• sccured in whatever manner the mort- gage~•s mar deem advisable, or to~~•ard the repair or restoration of the da~naged premises, , or a~n~ portiou thcrcuf. lu casc: the nurrtgagc~rs f ail to insure the premises as herc:~~ a~recd, the ~ mortga~;ees are here~l~~~ authorized tc~ procure and pay for such insurance as the}~ ~nay deein nec~~ssan•, and e~~cr~~ such payment shail bear interest from the date therec~f at thc rate of ~Eight pcrc~i~t {g'~•) p~r a~~num ai~d shall be securecl by tfie lien of this mortgage. 4. To r~~mmit, permit, or suffer no ~•aste, impainnent, or deterioration of the inortgaged pn~perh~. 7'o pay all expenses reasonably incurred h~~ the mortgagees ~xcause of failure oE the ~nc~rtgagc,rs t~~ romply with tiie agreeinents in said notes or this mortgage, including reasonable attorue~~s' fecs. Thc cost thereof, ~vith interest thereon at the rate of eigh~er cent (8$ ) per annum frcm~ datc~ of payment, shall also be secured by the lien of this murtgage. 6. If a~~y payment pruvided for in saicl nutes is not paid within thirty day~s after it l~econ~es duc, or if a»y agreement i» this murtgage other than the agreement to make the paymc~nts is , hreached, the entire unpaid prii~cipal balancc of said notes shall immediatel~- l~errnne due at the ~ ~~ption of the mortgagees, and the mortgagees may foreclose this mortgage in the manner pro- ~ vided by law, and have the mortgaged property sold to satisfy or apply on the indebtedness ~ hereUy secured. ~ 7. The rents and profits oE the mc~rtgaged property are also hereby mortgaged, and if proceedings to forecl~se this mortgage shall be instituted, the court having jurisdiction thereof shalt appoint a receivc.~r of the mc~rtgaged properh-, and apply those rents and profits to the ~ indebtedness hereby secured, regardless of the solvency of the murtgagors or the adequacy of the security. 8. In the event the property subject to this mortgage, or any part thereof, shall be condemned or taken for public use under powers of eminent domain, the mortgagees shall have the right to demand that all money awarded for the appropriation thereof, or damage to said lands and premises, shall be paid to the mortgagees up to the amount of 'the outstand- ing i~~deE~eddess secured by this morfgage. ~ ~oac2fil ~ 327