HomeMy WebLinkAbout2012 tli) All hutl+lm~;a, shurlurt., and unpn,vinu•nts of ia•ery nahni wh:,t~uiv.•r oow or hr•r,•a!ter alU,:r1+•d
un lhi "L:uid", and all hxtur+•a, n,arhuu•ry, iyuipniint uul petson.,l prutuvty n( wiry i,.,lun• wh.,t•:u+•vir
nuw ur hcriaftcr owned by the "Uun„wcr" and located tn, un, ur used ur tntiodi,) to F.i u,ed in runnertion
with or wtth the operation of sa?<I "Land", buildings, structures or uthir tmpnn•inu•nts, inrluduti; all exten-
sions. additions, improvements, bettirmenls, renewals and replacements to any ut lhi fomi;ntng; and al) of
the right, tale and iMcrest of lhr "}iorn,aver" in any such personal property ur tixtutis sut,icct to a cundi-
tiunal sales contract, chattel mortgage uc stmilar lien or rlaun tul;ethii with the binifit of any dipusits or
payments now or hereafter made by the "Borrower" or un its papal[. ,
TOGF.THEK with all iasenunts, rights of way, tiores of land. struts, ways, alleys, passages, scaa•ir
rights, waU•rs, w•aler courses, water rights and puva•ers, and all rst:itis, nt;hts, titles, tntin•st, pna•tieges, lib-
ertics, tenements, hereditamints, and appurtenances whab+x•aer. ui :,ny way Lelonginit, n•lating ur apper-
taining to any of the property hereinabove described, or svhrrh hrrr.ittcr shall to any way belong, rciate
or be appurtenant thereto, ~~•hether now owned or hereafter acyutt.•a by flit "Iiorruta•cr", and the rcvcrsutn
and rea•crs?ons, rema?nder and remainders, rents, issues, 1?rufits thiiiuf, .,rid all tt,e ist;,tc, right, talc, inter-
est, property, possession, claim and demand whatsoever al law, as vt•eil as in equity, ut the "Burrower" ot,
in and to the same, including 1,ut not Itmited to:
iA) Atl rents,, profits, Issues and revenues of the Adortgai;id Property from t?me to time accnung,
whether under leases or tenancies nuw existing or here:+ftec created, r+•servuti; to "13orrowrr", however, so
long as "Burrower" is nut in default hereunder, the right to reriive and retain the rents, issues and pruhts
thereof; and,
(}il All judgments, aaa•:uds of damages :,rid sc•Itlemm~ts hrrc.,fte•r nnade n•sulttnl; from condemnation
proceedings or the taking; of the prcnuses ur any part thereof undci Uie pota•er of eminent domain, or fnr
any damage carhether caused by such taking or utherwue) to the premises or the improvements thereon
or any part thereof, or to any nghts appurtenant thereto. includu?t; .u,y award for chanKe of grade or streets.
"Lender" is herelw authorized un behalf and in the Warne of "Itoriuwir" to rxeiule and deliver valid ac-
qurttar,ars far, and to appeal tram, any such tudtintents ur awards "I.indir" m:+y apply ail such sum: ur
any p.ut lhcriuf so rireivr<I. after the payment of all Its ezpen,a•.: tnrludtng rusts and aUurney's tcis, on
the in.iehtedness .<rcun•d hereby ui such manner as it elects, ur at it, option, the .enure amuwtt or any part
--thereof su reccired Wray be released.
TO }iA~!E: :1ND TO HC11.U the tilurt6ai;ed Pruprrty and all p.,r t, thiriuf unto the "Lrniier", sts suc-
cessors :.rid assii;ns to its oacn proper use, benefit -and bchuc,f h,t,•a•rr, sub)irt huwea•er to the u•rms and
conditions henvn:
)'ItOVIDE;D. HU~CECF.Ft, th:,t thisi prise•nts are apart thc• c,.rt,i.ti~uithat, tf th,• "liuruwer" sh:+ll pay
or r:uisr to he p:ud G, the "Linder" the piuu•rp:cl „ud uitircat i..y:,n,:• ;n respect t., the Write, at the hnu•s
and w the manner stipulated thireut :ut+l harlot. ,,tf aCrtl,uta .,ny tL•duchun ur + tr•di! f„r taxt•s ur other
similar charges pat:1 h}• the "13ortuaeir" :+nd sh:Jl kelp, pii!orru .u,d ,.harve :.1! :uu1 s:ngui:,r the cua•enants
and proimses rn the Harr, ar.d any- rcniaa•al. cxten~iun or nu.actu•,+tuui t}„rreof, and to tt,ts mortgage expressed .
to he kept, perf•~; mad and ohscr ved by :,rid on the p .r i of thy. "tiny coal rr" :,ll a•:U:•,ut fraud ~r delay, then
this mortgage, and all the propel ties. ?nter+•ct and rights birch}~ ••rara.•d, t.ar?;:,uti=1. sold, aitened, remacd,
tiieasid, cun•:eyed, assigned. trausferrid. mui;;;agid, hyputhrcatcd 1,!.•d~,.•,i, drhvere,i, set ua•er, warranted
and confirmed, shall cease, ditermtne and he-votd, but shat{ a+hiraa•i>~• t.•n,aui in full ;!arse and effect.
AND the "Burrower" covenants and agrees aa•ith the "Lender" that'
ARTICLE 01~E
Fartlcular Covenants of the "I1orrow•er"
1.01 I'erformance• of Lute and Alortgagc. The ".Burrower" a•t!1 prr!urm, ohsri vi :.nd comply- aa•ith all
proa•tsiuns heiiuf :u:d of the note sectucd beret>y and will duly :,n•l punciu;,llp p.,y to the "Linder" 'r.e
sum nt r:ume}• ixpressid to the note w•tth uitccrct thereon and all uthir sums re:;uired to he paid by the
"Borrower" pursuant to the provisions of this mortgage, all without any- deductions ur credit for taxes or
other slmllar chari;es paid by the "Borrower".
tA2 ~4arranty of Title, At the time of the enscaling and deita•ciy u! these preunts, the "Horrow•ir" is
well sited of an tndc•fcasthle estate in fee simply in the l:,nd and real property hr•n•t,y mortgaged and has
good and •rbsolutc htlc to :r 11 existutG personal property tu•re1,y mui ti;:,Red and has koc,d right, [alt poaa•er
and law!ul authnttty to cunecy and mo:tTagi the s:+mc in the m:u;nir an~1 form a!un•said. the+t the same
is free and clear ,f all hers, charges. and enc•umbrenci; aa•h:it„~iv_r. tnclud:ni;, as to the pc•rsunal property
and fixtun•s, cuiid,hunal sales contracts. and anything of a sinular nature, and that "Burrower" shall and
will warrant and forever defend the tale thereto.
i
1 U3 1lonlhly Tax Uepa:,ils. 1f required by the "Linder", the "Ilorroaa•er" va•tll pay to tt:c "Lender"
un the first day of each month together with and in addition to the regular installment of pr.nc:pal and in-
terest, until the n~tc is fully paid, an amount equal to one-twelfth i 1/121 u( the yearly taxes and assess-
ments as estimated by the "Lender" to be sufficient to enable the "Leitdcr" to pay at Ir.~st thirty c30)
days bef.,re they become due, ail taxes, assessments, and other stmilar charl;es ai;ainst the ;<Sortgaged Prop-
~ arty or any part thereof. Such added payments shall not he, nor i±r dccnu•d to he, trust funds, but may he
comminSlid with the genital funds of the "Lender", and no tnterest shall he payable in respect thereoL
I Upon demand of the "Lender" the "Borrower" agrees to delver to the "Lender" such add?tional moneys
as are necessary to make up any deficiencies in the amounts nrcessary• to enable the "Len,ier" to prey
~ such taxes, assessments and similar charges. In the event of a default by the "liorn,acr" in the perform-
' arise of any of the terms, covenants or conditions in the note or mortgage, the "Lender" may apply to the
reduction of the sums secured hereby, in such manner as the "I.r•nder" shall determine, any amount undec
~ this Paragraph 1.03 of Article 1 remaining to the "Borrower's" credo.
1.04 Other Taxes, Claris and Ullllty Charres.
t a) The "}iorruw•er" will pay promptly, when and as due, all charges for utilities, whether public or
private. and will promptly exhibit to the 'Lender" receipts for the payment uf, all taxis, assessments, water
rates, dues, charges, tines and impositions of every nature avhat_soea•er imposed, levied or assessed or t.o
he imposed, levied or assessed upon or against the Mortgaged Property or any part thereof, or upon the
tnterest of the "Lender" in the bortgaged Property (other than any of the same for w•htch provision has
been made in Paragraph 1.03 of this Article- 1), as well as all income taxes, assessments and other govern-
mental charges lawfully levied and imposed by the United States of America or any state, county, mu-
nicipahty, borough or other taxing authority upon the "Borrower" or in respect of the Vortgaged Property
or any part therenf. or any eharge which, .it unpsid, would become a 1?en nr charge upon the Mortgaged
Prnpcrty prior to ur equal to the lien of the mortgttgc for any amounts secured hereby ur would have
prior ity or eyuatity with the mortgnge in distribution of the proceeds V[ any turcrlusure soli of the ~tort-
gagicl 1'rupcrty, of any part thereof.
ih? 7lu• "Iturt„acrr" will nut sutler any mechanic's, laburcr's, statutory ur uttu•r lien w"filch nught or
cnuid he poor to ur equal to the lien of the mortgage to be created or to remaui outstanding upon any of
the :~Sorll;aged Property. -
7
lc) In the ca•cnt of the passage o! any state, federal, municipal or other governmental law order, rule
' or regulation, suhsiquent to the dale hereof, in any manner chany;ing or modifying the laws now in force
R„vernuti; the taxatxm of mortgages or debts secured by mortgages or the manner of collecting taxes so
~ as to affect advir..ely the Lender' , the entire balance of the principal stun secured by the mortgage a:.d ;t
all tnterest accrued thereon shall without notice become due and payable forthw?th at the option of the i
~ "Landes".
I
td) The "Borrower" will pay when due and will not suffer- to remain outstanding, any charges for
~ utilities, whether public or private, with respect to the lliortgaged Property.
U R s~~~('1
- _ 2 _ BOG!c JlJ1 FADE 2007
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