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Home My WebLink About0008 For tb porp» of b~cioR t6~ Mort~ !o ~:te~i 1o tM Mo~ttasar u~. ~w ~ne~ .e~ .ec.«a u~ Morfs~or benbr co~suaeb s~i ~ ~ 1. To prompUy pay wheo 6nt due ths obligatioa evideaced and securod herebY. T6is caveaaat thaU be comtruod to wastitute an iadependen~ uaequivocal and unoooditioaal obligatioa oa the part of tba Mortja~o[ W pay to t6e Mort~asee tbe debt hereby evidenced and tocured. 2-a. '!'o prompUy pay when due all and dngulu tAe tues. assessmeats. leviea. Gabilitip Rnd eacumbranca o! every aatwe aad tind imposed and levied oa tbe above described p~operty or any part thecoot; to prompdy deliver to We Mortga~ee, wrhea receivcd or issued. all o~ciU teceipb and atisfactiow al?dwing perio~mau:e ot tbe covcaanb hereof. It the Mort~aa~or ahaii detault i~ the pertormaaoe ot ede coveawis heroot. tbe aaid Mortpjee may ~t anY time. without waiviaa o~ aftectlns DIi option to foroclose. or any ris6t henunder. wr said tues. assessments. levies. liabiliGse ~od eocumbraaces, and every payment w m~de by the mortga~ee :haU bear ioterest from ihe date theroof at t6e rate of 896 per RnnuaG i 2-b. To pmmptly pay when due all entaag~ble personal pmperty taxa; occupation. excise, sala and traasaction taxa; ± unemployment and withholdiag ta~ces; all lieeases of whatsoever tiad. includina but not limited to alcoholie beverage liaate; and all othcr taaa ~nd licenxs Icvied or e~cacted by any authoriry rdatiag to the use, operatioo aad busiacs~ ot tbe Mortgagor , oonducted on tha dor~said eacumbered property; and to promptty deliver or e:hibit to the Mortsajet, when ceoeivod or issued, all otTicisl roceipis and proof oi payment ot eacb ot t6e doresaid. 2~. To prompUy pay when due all operatina. mainteoanoe and anricina chuEes and coata relatina to the real and persoual pwperty e~umbered by this mortgage, includiag but not limited to telephooe. ~as. etcctricity. aater. water oonncetion. sewer. sevirc~ connectiora. aad all other expenses incumM in the use aad operadoa oi said encumbered PropertY. aad to turnish or eahibie to We Mortgsaee proof of the pertormanoe ot the pmvisiom Dereot. 3. To pay :11 and singulu ihe oosb. chuga and expensa, includina lawyer's taa. reasoaably incurred or paid at any time by said Mortgagoe. because ot the failure on We part of said Mortgagor to pedorm. oomply with and abide by each and every the stipulatioos. agrameats. oonditions and oovcaants of aaid pmmissory nota and tLis deod. or eitQa. and every such paymeat s6aU beu iaterest Gom date at the rate oE 896 per annuai. 4. To kap We bw7ding~ and persond property now on c~reafter located on said land insured against loss by Bre aad ~vindstnrm, in a asm aot leu ihan We anpaid sggregate indebtednas 6ereby aecwed. in a compaoy or companies W be approvod by ~aid Mortaaaee wd the poticy or policies 6eld by and payable to said Mortgagee, and in ibe event aay sum of money beooma payable under sucb policy or polieie~. ihe Mortgagee shall have the option to receive aad apply t6e sune oa aooount of We indebtedness hereby sscvred or to permit the Morigagor to rcceive and use it, or aay part thereof. fot otha purposes. without thenby waiving or impairina any equity, lien or tight under or by virtue ot this mortgage, and may place and pay for auch insuranoe or any part therooi witGout wsiving or aBxting tl~e option to foreclos~ or any right henunder. and each and every :uc6 payment shsll bar interest trom dau at the rate of 896 per annum. To promptly dclivu to t6e Mortaagee oriBinal rooeipts ar ot6er arritten evideace showins payment of all insurance premiums when due. S. To permit, oommit or sulier no aute, impairment or deterioratioa of said ral or personal propecty. or any put thereof. To keep all improvements, bnildings and personal property situated on the above dacribed Iand in good state of ! repair. weU paintal and waterproofed, and to promptly pay all cusb and expenses thereof. Without the written ooasent of the + mortgagee, tbe mortgagor shail not remove. or sllow to be nmoved. Un tang~ble pecsoaal praperty hereby encumbered irom the above described real property. 6. No deley by the Mortgagee ia enforciag the terms and provisioas of this Mortgage dxd or the promissory notea hereby secured shall ever be conswed ai a waiver of tbe Mortgagee's right to enforce the same. ?he debt evidenced and aecured by t6is mortgage deed and We promissory notes herein referred to. having once been accelorated by reason of defaul~ cannot be deceleratod save and except (1) by an instrument in writing executed by the Mortgagee ander seal. and slso (2) supported by iadependent good and valuabk consideratioa. The acceptance by ths Mortgagee of pan payment or part performance by t6e Mongagor shall not be treatod aa curin~ any default, nor ahalt the aame operate as an estoppel or waiver agaimt the Mortgagce. 7. If aay said sutns of money herein nferred to be not promptly and fully paid viithin 5fteen days next after the aaa~ xveraily ba:ome due und payable, or if cach aad every the stiputatioas. ageementa. rnnditions and covenants of said ~ promissory nota and th~t deed, or eitber. are not duly performed, compliod with and abided by, th~ said aggregate sum mentionod in said proanissory nota thall become due and payable forthrrith automatically and wit6out notice, as fully and completely as if the said ag~+egate sum of money evidenoed by t6e promissory notes bercby secured was otiginally atipulated Uo be paid on svch day~ anything in aaid promissory notes or herein to tbe oontrary notwithstanding. 8. It is agreod that th~ provisioas. ageements. terms and conditions containod in this mortgage doed. and promissory notea hereby accured. toget6er with the lieo and security beteby created, sball e:tend and apply W. snd govern any and all ~ notes given in extension or noewal of the nota hereby originally accured. - 9. AU persoat, associations and oorporations liable for the debt henby socured. whet6er primarily or aecondarily, and each of them. hereby exproasly waives any statutory or other deteux w6ich they now 6ave, or may 6ereafter 6ave agaiast the enforament of the terms, provisioro, agreemcots and conditiom of this mortgage dcod and the promissory notes herebq secured, aad eac6 oi them doa 6ereby agee that they have ao seto~ or counterclaim against the enforcement and oollection of the debt hereby secured, and further agree and consent to the entry of a summsry final decree for the enforoem~nt of the provisioai of this indenture. . 10. 'Ibe term °mortgagce" as usod in this mortgage deed and the promissory aotes 6ereby securod, shall be deemed to include and mehn the mortgagee. his or 6er or tl~eir heirs. administrators. ea~ecutors and assigns. and if a corporation. ita successors~ ~rantees aod assigns: t6~ term °mortgagor° as eued in this mortgage dcod snd promissory notes hereby secored ahall be doemed to inciude and mean We mortgagor, his or her or their hein, administratora. executors, grantess and assigm. and if a corporation. its suocessors. grantees aad assigns. The use of the singular shall be oo~wed as the ploral a6eaever the context ~ requira. T6e terms "debt" or "ob6gation". as used in this mortgage deed and promissory- notes hereby ucured, shall be damed to include all tbe toveaanta, agreemenu and promises oi tbe Mortgaaor aa herein delineated. 1 t. Upon deEault by the aartga~or of any of tbe terens. provisioai. agrcemenq and conditiom of Ihis mortgage deed, and the promissory nota 6ercby socured. the mortgagoe s6a~~ have t6~ right to 6ave a rweiver appointod to talce charge oi. oonVol and manage the mortSaSed Premises. and to co{lect and hQid the rents and profus accroina therefr~n: auch receiver ahap be appointed withont the nccesaity of s6owing insotvency of the mortgagor or inad~quacy of ~he martaa`ed accurity; all reotr. Prosis, revonues aad income arising from the mortgaged premises or socruing tbereupon sha11~ npon default of the ' mortBaBor of any of t6e terms of the mortgage deed or the promisaory nota herebY ~ecwed. be oonsiderod as tnut tunds. and ~ if oollacted by tbe mortgagor the same shall constitute wst f~nds and be held in W~st for tLe use and benefit oi the - mortgager. sixt forthwith dclivered upoo collation to aaid mortgagee. The mortgagee is excused from giving or 61iog any bond in a jvdicial proceodina aa required by statute or rules of cowt u a oondition or preroquisite to the appointa~ent of s roaiver, issuance of injunction, attac6ment, garnishment or other provisional rcmody. or super:edeas ia the event an appeal is taken by the mortgagce. The morigagor irrevocably waivcs such staNtory or rule requirements nlatins to bond. 12 No person liable for the debt hereby Kcnred, w6et6er such liability is primary or uoondary. ancl whdher sach liability n created by endorsement of tbe nota or as joint maku of t6e notes, or guarantor, or haviag assumed the obligation to PaY said mortga~e debt or oWerwix liable for aaid mortgsae debt, s6all be releasod or disc6arged irom liability of tba aforaaid debt by virtoe of any exte~ion or reaewal Qanted by the mort~ to the maker of the notes hereby secured, or aeY other perwn liable for said debt, whethet Primary or tecondary. The anortgagee ia hereby expraaly ~antod the ri~ltt . aooK271 e~cE ~ . I ~ . . ~ ~s ~ . ~ f - -s~~ - - F ~ . - -~ti~