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HomeMy WebLinkAbout0975 ~ t~ender w the Mongagee i~ t?ccordance witli lhe pro~isioiu of tl~e note secutbd I~ereby~ tall pay~nent~ ot the 4 entire indebtciineae reprc~ented therebv. the Mortgagee~ ae trustee, shaU. in con~puting th~ amounL ot such ~ indebte<lneas~ credit to tl~e accoun~ of tl~e Mortg~Ror any credit bal~nce re~n~ining undet t}ie provisiona ot oI aaid pua~r.ph a. l~ tl~en+ s}~aU be a detwult under any of the provisions ot thia mortga~e reaulting in a puWic sale ot the prem~sea covered hereby, or if the Mortgagre ecquires the propert,y otherw~se after default. the Mortgagee. as trustee~ shall apRly, at the time ot the co~n~nencement o! such proceedings or at tlie time the pmperty ~s otherwise scquired~ the ~~nou~t then remaining to credit of.Morlgagor under ot paragnph 2 preceding aa a credit on the interest acerued and unpaid ~?nd tl?e balnnce to the principsl then remaining unpud _ on said note. : ~ 4. He will psy ali tases, a~nents, watec nta. sad other ~overnmental or municiPal oharce~, Gn~. oe imPoeitioae, for wbic6 proviaion has not been made hereinbatore, t~nd in detwlt N~ereot tbs Morti~6~ ~7? P~l1? ~ ~~ms; aad tbaL be will promptly deliver Lhe o~cial reoeipta tbe~etor to tbe Mort~ee. b. He w~ill permi~, o~mmit, os auHer no wa~ste, imp~irment~ or deterioration ot eajd property o~ aay pat0 ZLe~~eot esoept reasonabk ~rear ~nd tRar• and in the event at the i~ilure of the Mortg~or to keep tLe buildinap on aai~ p~emiees ~?nd thaee to be erect,e~ on said pnmises, or impr~ovemenb t6ereon~ in ~ood rep~ir tbe M m~y mska such repairs as in ita discret~on it may deem aeoeesary fa~ tLe ProPer W~esc.~vation thereo~ aad the f~ u1l~amoun0 ot e~c6 snd every ~cb payment e6sll be due aad P4Y+~ ~T C~) ~ itter demaad, aor'! ebsU be sec~u~ed by ihe lien d this morc~e. ~ . i 6. He will p~y all and siagular the oosts~ and e~cpenees, includina raasoaabb 4wyer's fees, aad oosh • ot abstracta of title, incurred or psid at sny Lime by Mortg~gee bedwee of the failure on the part of t6e M o r t~ o r • promptly and i~y to perform t,he s~reementa and oovenants o f ssi d promieeory note a n d t h i s. mortg~a, an d a a i d ! ~~0. ~8~, snd expenees shalt be immedistely due sad psyable and sha11 be eeeured by the liea of tLts mortgpge. ; 7. He ~vill coat~inuoualy maintain 6azard inauranoe, oi auch type or t~pes and amounte ae Moetgagee ma~ i from time to time require, on the improvemente now or hereatt~er on eaid premises and eacept when payment ~ tor all such premiums has theretofore been made under (s oi psngnph 2 hereof 'he will pa~ pmmptly when ~ due sny premiums therefor. All insurance ahall be ca~i~ in compan~es spprove~ by I~iortgagee snd t6e poli ~ cies aad renewals thereoi ahall be held by Mortgagee and have ettached thereto loes payable cfausee in isvor of snd in iorm acceptable to the Mortgagee. In event oi loss 6e vnill give immediste notice by mail to Mostgagee, and Mortgagee may make proof oi toss if not made prompWy by Mortgagor. and each inaursnce o~mpany ooncerned ia 6ereby~ aut6orized and directed to make payment for auch loss directly to Mortgag~ mstead oi to Mortgagor snd Mortgagee jointly~ and t6e insurance proceeds~ or any par~ t6ereof msy be app7ied by Mo~ gagea at ite option eit6er to tha reduction of the indebtedness hereby secured or to t~he restoration or repair ot t6e pmperty dama~ed. In event of forecloaure oi this mortgage or other transfer of title to the mortgaged propert,y in extingu~shment of the indebtednesa eecured hereby, a~l right, title~ snd interest of the Mortgagor m and to any insurance policiea then in force shall pASS to the purchaser or grantee. 8. If Uie prnmis~~s, or an~• part U~cr~uf, bc~ c•ondeiunecl under U~~ pow~r of emin~nt~ cloii~uin, ur acquirnd for ~ . a public use, tlie clamages awarded, the pra•eeds for the taking of, or ihe ~onsiclerution for such acquisition, to the extent of the tull uu~ount of tl.ie remaining unpnid inclebt~dness secrorctil b~~ tLis uiortga~e, arn hercb~- assiKnrd to tlie Ltortgagee, an~l hi.s heirs or assi~?ns, uncl shall he~ p~id forthwitl~ to said \'Iort~agee or hi4 assignee to be applied on acc•ount of th~ lnst u~nturi~?K install~~ients of su~~h ind~btedness; pro~i~le~l, ho~c~er, tl~e `lortga~e~ or his assiKnec, iuu~• at his disc•rE~tion pu~• clirrc•t to tl~e ~IoriguRor, his heirs or assigns an~• part or all of such av?anl; provided, that if the loun is ~uurnnt~•c~l or insurc~l, the consent o( the guarantor or insurer is obtained in aclvance of said pa~•u~ent. 9• The Mortgagee may~ at any time pending a suit upon this mortgage, apply to the oourt having juriediction thereof for the appointment of s receiver~ and suc6 oourt ahall fort6with appoint s receiver of~t6e premisea oovered hereby all arid singular, including all and singular the inoome, pm6ta, isauee, and revenuea froni whatever eource derived, each and every of which, it being~eacpressly understood~ is hereby mortgaged s8 if apeca8cally eet forth and deecribed in the granting and habendum clauses henwf. Such appointment ahall be made by such oouri as an admitted ~ equity and a matter of absolute right to eaid Mortgagee~ and without teference to the adequacy or inadequacy of the value of the pmperty mortgaged or to the aolvency or in~olvency o! said Mortgagor or t5e defendanta. Such tents, pmSta, income, issues~ and revenuea s6a11 be applied by such receiver according to t6e lien of this mortga~e and the practioe of such oourk In the event of any default oa the part of the Mortgagor bereunder, the Morltgagor ;i agrees to pay to the Mortgagee on demand as s reasonsble. monthly rentat for the premiees an amount st least ~ rquivalent to onc-twelfth (~z) of the aggregate of the twelye monthly installment$ payable in the then curcent l year plus the actual amount of the annual taices, as~nnente, wster ratea, and inauranoe premiuma for such year ~ not covered by the :aforesaid monthly psymenta. ` 10. In the event of any b•each of this mortgage or default on the patt of the Mortgagor~ or in the evcnt thst ~ any of said eums oi money herein referred to be not promptly and fully p~id according to the tenor hereof~ or in the event that escb and every the atipulationa, agreemen~, conditione. and oovenanta of said note and thia mortgage, are not duly, promptly, snd fully performed; then in either or any such event, the eaid sggregate sum mentioned ~ in said note then remaining nnp~id, with interest accrued to that time, and all moneys eecured hereby, shall beoome . due and payable forthwith, or thereafter, at the option of said Mortg,agee~ as fully and completely ,tis J all of the~ ~ ssid euma of money ~rere originslly atipulated to be paid on such dsy, anyLhing in said note or in this mortgage to the oontrary notwithstaading; sad thereupon or thereaiter~ at the option of said Mortgagee~ without notice or demsnd, suit at law or in equity, may be prosecuted as if all moneys aecured hereby had matured prior to its inatitu- tion. The Mortgagee may foreclo~e this mortgage, as to the amount eo declsred d~e and psyable, and the said premiees ahall be sold to satisfy and pay the same together wit6 costa, expenees, and allowances. In csae of psrtial toreclo~ure of thia mortgage, the mortgaged pmmisea shall be eold subject to the continuing lien of this mortgage for the amount of the debt not then due and unpaid. In such caee the proviaiona of this paragraph may again be svailed of thereafter fmm time to time by the Morlgagee. 11. No ~vsiver ot any covenant herein or of the obligation secured hereby shall st any time thereafter be held to be s waiver of the terme her~of or of t6e note aecured hereby. - 12. The lien of thia instrument ehsll r~main in full force and ettect during sny postponement or extension of ~ ~ tLe time of psyment of the indebtedneae or any p~art thereof eecured hereby. _ ~ 13. If the Mo , ~ ° ~ rtgagor defsult in any of the covenanta or agreementa oontained herein or in aaid note then the ~ Mortgagee may perform the same, snd all eapenditures (including reasonable attorney's feea) made by the MortgaRee - ~ in so domg shall draw interest at the rate provided (or in the principal indebtedness, and shall be repa~abla ~ thirty (30) days after demand, and~ toget6er with interest and costs acerued thereon, sl?all be secured by + ~ ~18 MOt~,B~C. rl ~ 14. Upon the request of the Mortgagee the Mortgagor shall ea~ecute and deliver a supplemental note or ~ ~ notes tor tbe sum or sums advanceci by t6e Mortgagee for the alteration, modernization, improvement, main- ~ tenance, or repai~ of said premises, for tsxes or as.aessments against the same and tor any other purpose au~hor- i ized hereunder. Said note or notes shall be secured hereby on a parity with and as tully as if the ad~ ance ~ evidenced thereby were included in the noLe first described above. Said snpplemental note or notes shall bear interest st the rste pmvided for in the principal indebtedness and shall be payable in approximately equal monthly payments Ior such period as mey be agreed upon by the creditor and debtor. Failing to agree on the ~ msturity, the wbole o[ the sum or sums so sdvanceci shall bc siue and payable thirty (30) days aiter dcmand by t6e creditor. In no event shall t6e maturi~y extend beyond the ultitnste r~atwity of the note first ~ described above. ~ R ~ ~3U2 9~ : ~ - v ~ ~ ; , _ ~ ~ x z~~~.,~ ~ ~ _ ~ _