HomeMy WebLinkAbout2809 That. in order to potect mores fi+aY tt+e security d lliis mar .the Mongegp, togetMr with. ano n aoaitiori to. trio monthly ttayrrients under trio tams of the
rate secured herWer, oq 11tH sp~t+frd payment Os» d each nwnth unN tM sad note a fully put. will pay to tM Assoaatan tM fouowurg wmt '
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lest An install bias and assessnienu levied a a be levied against tM pampas rwvered by tlrs inortgsge. and an inststknenl of tM pemium
a pemwms tM1 wt11 becana dw and wyabN to renew tM inswar+ce on tM pemises covered hereby against b:• br fve. end wutdstesm. as pbtrided
fa by Iraragra0l+ 3 pecedirig. or such othM hazard M may reasonably tie required by tM Astatiatian, and an irtstadrrient d the pemwm that vela
become dw and payabN to renew tM rrioitpage iriswance. it any. Such inebllrrtMts shah W equal. respeciwNy. to oM•twedih I1~ 1$th) of the K
timated pemium a pemiunq for such inwrence. and uses and assessments neat dw less esamited by tIN Association) less as insudrrierits sueady
pad therefor, divided btl tlta number d months that ere to e4we one month par to the dap when such pemwm a pemwms and pesos and
assassn+ana wiN became delrquent TM Aetaciatan. while applying torch payments to uMUrsnCe pemwms. taxes and assessments. belese ell same
trecorne dehriquenl. shwa not pay interest » the Mortgages on sucl+ lands. and aN such payrrwritt may be comrnirtgled by the Associatan with any
other such lands a vertu iq own ftrrtde TM funds are pledged as additionM secvniy for the sums secured by tlrs Mortgage and an wbtect to use by
tM Associatan n payment d "qte dwpN" and bank t:oMectan chargetti
Ibl Atl payments mentioned n tM pecedrng subsectan d tlrs paragraph and all payments Io be made under [Ire rate secured hereby tuiaa be added
together and tM aggregau amount tAered shah be pad by tM Mortgages each month in a :,ogre payment to bt applied by tM Association to ihs
fotbmnng i[eme in ell Order set forth 1 Taxes. asstwt?ents. and inwrance pemwms 2 -~l.ate charges -and bank collection charges. unless pad in
manner povided in Pagpgph 4 Ial 3 Interest on 1M note secwed hereby 4 Amest+zatan of tM pir?upal d sad rate
Any dehcisricy m the smowit d sud? aggregate monthly payments shall. trNess paid by the Mortgagor prior to the dw date d tM niat such payment. con-
suture an event d default under tM mortgage- Without waiver d any rpht. tM Assouatan )nay oouect a "late charge` ss povided n the Note.
5 That the tots) of the payments made by tM Mortgagor under lest d paragraph 4 pecedinp shed exceed tM amount of payments actwW malls by the
Association for taxes artd assessments and irtwrance pemwms. as the use may be. such excess shau be credite0 by tM Associatan on wbsequent payments
to be made by rues Mortgagor If. however. tM monthly payments mode by tM Mestgagor under lest d paragraph 4 pecedng shad not hew been wfhcient to
pay taxes and assessments and inwrsrite pemiume. of tM case may tie. when tM saute trued become dve and payable. then. tM Associatan may. at its op
tan. rmmedalely pay such taxes and assessments and imurarite pemium. end tM Mortgagor shag pay t0 tM Association any amount necessary t0 make up -
the deficiMicy. and such payment tihaN be dw and payabN vellum thirty 1301 days aha the date d maihrig of notitf by the Associatan setting faith the amount
of such deficiency If. at any trine. tM Mongapor shah tender to the Associatan. in sccadarxs with the powsioris of tlis noes secured hereby. IuN payment of
the enure irdebteOness repesented hereby. tM Assixiatan shall. in computirip tM amount of such indebtedness. credit to IM account of tM Mortgages any
balance remswrp in tM lards accumulated under tM pensions of la1 of paragraph 4
6 To permit. comrtut or wfler no wasa. impeument or detaiesatan of sad poperty. or any pan thereof. and upon tlis lanws d the Mortgages to keep ttis
burFd+ngs esi sad poperty in good Condition or repair and maintenarKe, the Association may demand poper mamlenant0 and the immolate repair of sad
buildings. a an increase M the amount d secwity. or the immediate repayment of the debt Mrsby secwed. and tM laiiun of the Mortgages to comply with
- sad demand of the Associatan for a perbd d tMrty 1301 days shed consbtub a broach. of tMs mortgage. and. at the optan of the Asstxiation, immediately
mature the ensue amount d pincpsl end interest hereby setwed end the Associatan immediately and wdhout nonce may rnsututs pocesdirigs to lorecbse
tMs mortgage and apply for tM appointment of a receiver, as Mrerrtaha porided. and in u;e of She retussl, neglect a inabhty d the Mortgagor :o repair end
maintain sad poperty. the Association may. at its option. mesh such rapaus a cause the same to be made. and sdvsrice moneys in that behalf.
7 to perform. comply with and able by each end every tM stipub)tions. agreements. i;oriditans and covenants in sad promissory noes and tlrs mestgegi? set
forth -
8 To comply with the wbdiwsan rettrictiona and tM murwtipal zesrng ordinances applicable to the rtiestgsgsd poperty: not to erect or permit to be erected any
new buildings on the pemises harem rrtOrtpsged a to add to or permit t0 be added to, make a parrtrt to be made. any structural aderatans to any d the ex-
istirig impovements tl+sreon without the vvhtten consent of tM AssouatiOn: and in tM event d any vrdation or stNmpt to vidate these stipulstrOris. es any of
them. tlrs mortgage and all wins secured hereby tiliad imrriedutely become dw end payable at the optan d the Associatan
9 _ That :a case o! a default m arty of the terms of this mortgage end the filing o! a bet! to foreclose Nas to any ether mortgage encumbering t!x vellum described
poperty. the Associatan shed be entitled to apply. at shy time vvit(tout. nOtite pend+rig wch foretlawrs sort. to tM taut having lunsdretan thersd fes tAe sp-
pantment of a receiver of au and sinpu4r tM mortgaged poperty. and of ell the rents. incomes. pouts. iswas and revenues thereof, from whatsoever source
darned. and. thereupon. it is hereby expessly corsnanted and agreed that the court tiMll forthwith appornt a receiver of -sad mortgaged poperty. ad and
singular. and of such rents, incomes. pofits. issues and revenues tMreot. from whatsoever source darned. with the usual powers and duties d receivers in Eke
cases. and such appantmer+t shad be made by tiud? coon aS a mans of strict right to the Assowtion. and withgirt reference to the adequacy a insdequsry of
the value of the pOperty hereby mortgaged. es to the solvency or insotvancy of tM Mortgagor, and that wch rents. pouts. incomes. issues. and revenues shall
tie applied lr~ such receiver to the payment d the mortgage rrdebtednsss. costs and charges. sccesding to the order of wch court ~
t 0 That in the event the ownership of the mortgaged premises. or any pan thrall. becomes vested in a person other than the fiAortga9or. the AssOCiatiOn may.
wahout notice to the Mortgages. deal with wch successor Or wcpssors in interest with reference to tfus mortgage and the debt hereby secured. in the same
manner as with the Mortgagor- without in any way tnwtuig a discharpinp the Mortpages's hsbihty hereunder a upon the debt Hereby secured No sab of the
pemises hereby mortgaged and no forbearanq on the pan of tM Association, and rip euensan of the ume (or the payment of the debt hereby secured girM
by the Assoaatari, shall operaro to release. discharge, moldy, change a affect the original hsbitrty of the Mortgagor herein, either in whole or in pan
t t That in the twnt tM pertrses hereby mortgaged. or arpr part thereof. irhall be condemned and taken undo. the power of eminent domain. the Association shall
have the right to demand that ad damages awarded for tM taking d or uqury to sad pemises shsu be pad to the Associatan- its wccessors or ass+gns. up to
the amount then unpad on this mortgage. and may be applied to any wins test payable hereunder
12 .That time is of the essence of tMS contract and that ra waiver of any Obligatan hereunder. es of the obligator secured hereby. shall at any time thereaher be
held to be a waver d the terms hereof es of the pom+ssory note secured hereby
13 In the event of sriy default in any d the terms of this mortgage. o. in the note secured hereby. and acceluatan by the taller. or any other situation that would
cause the interest pad es payable under tlrs obligator to eacee0 tM interest rats autfar+:ed by law. lull m siich event all excess interest theretdors paid shau
be credited to prirxipal and all accrued and unpaid excess interest shall abate end shall not be an obligator of the maker or o! any other person
14 That to the extent of the indebtedness of the Mortgages to the Association despibed herein or secured hereby. the Assocratan is hereby subrogated to the hen
or bens and to the rights of the owner and kidder thrall of-each and every mortgage. Iran a other erxumbarice on the lard descrrbsd herein- which is pad end
sausfred. in whole a in pan. out of the poceeds o! tM loan described herein or secured hereby, end the respecuw hens of sad mortgages- hens or other en-
cumbrances. shall be. and the same end each d them hereby is pesa~ired and shad pass to and be held by the Assouation herein as security fes the in-
debtedness to the Associat+on herein desnibed or hereby severed, to the same extent that n would have been preserved and would haw been passed to and
been held by the Association Mad rt been duly and regularly assigned. trarulerred. set over. and dNivered unto the Associatan by separate deed of assignment.
notwittntanding the tact that the same may De satisfied and cariceked of record. it be+rtg the intention of the parties hereto that the same vela be satisfied and
cancelled of record by the holders thereof at or ibout tut tune of the recording of this mortgage.
15 That i( arty of the wins of money herein referred to be not pomptly and fully pad witMn chary 130) days next after the same severally become due and payable.
or it each and every the strpufatans. agreements. cordrt+ons and covenants of said pomissory rate and Ctrs mortgage. or either, are not duly performed. tom-
; plied with and abided by. the aggregate win unpad under sad pomissory rate and this mortgage shau become due and payable forthwith or thereaher. at the
i option d the Associatan. as fully and completely as d said aggregate win of money were esrginauy stipulated to be pardon such day. anytMng rn sad "
! pomrssory rate or herein to tM conusry notwithsurdirig i
16 That +n order to accelerate the maturity d the indebtedness hereby sscwed because of the failure o1 the Mortgagor to pay any tax assessment. Irablity. obliga-
Iron or encumbrance upon sad poperty as Mersin povrded. rt shalt not be necessary nor regwsite that the Assocratan shall rust pay the same -
t 7 If a conveyance should be made by the Mortgagor 01 the perruses herein described. o+ any part hereof- and the grantee named in such conveyarxe fails or
refuses to aswme the payment d the oblgstion evdsnced by sad pomrssory note and secured by this mortgage. and m accordance with thou respltitiw
terms. and abide by the rules and regulatiats of tM Assouatwn. inckiding payment of a reasonable transfer fee. then. and in that event. at the optan and upon
~ the demand of the Associatan aN wins of money severed hereby shall immidiately become 1ortAvnth due and payable
t 8 That the abstract or abstracts d idle corenng the mortgaged poperty shall at au times. during the life of tMs mortgage. remain in the possession of the
Asaociatan and. in event of the breebsurs of tMS mortgage. a other trsrafer of tale to the mortgaged poperry. m extinguishment of the indebtedness secured
I hereby, all r+ght. title and interest of the Mortgagor in and to arty such abstracts of title shall pass ro the purchaser or grantee
19 Should the valdity w hen of this mortgage. or the note secured thereby. be contested by litigation or otherwise. the Mortgagor agrees to pay to the Assoerateon
the cost d defending the same iriGirding s nasoriable attorneY:s tee
20 To pay aN and singular the costs, charges and eaptnsas. including attorney's tees reasoreably incurred, or pad at amr Mme try the Association. because of the
failure d the Mortgages to perform. comply with and abide by each and every the sgpulatioris. agreements. cordrtans and cowriants of said pomissory rate
and this mortgage. or either. and every such (except for the payment of the monthly Installment as required by the Promissory Note) shall bear rnierest from
date at the rata d ten per cent (tO/H per snrwm until fully pad.
21 The Assoc+atron shad have the r+ght at any ume and from hint to time and rv+thout Hoots to a consent of any person to Ia1 release any ponan of the pertrses
kom the ben of this mortgage. Ibl release ariY person habM for payment of any +ndeptedness secured hereby. fcl extend the ume of payment or alter the terms
of payment of ad or any pan of the indebtedness. witAOUt effecting es releasing the pertiOnal Iiabhty of any person haute )other than any person released pur-
r want hereto) fes the payment of any cam or interest severed hereby end without in any wise altering. varying. or d+mirrsMng the (aces. eMacts. or lien of the
~ mortgage on all the pemises rat specifically released from tlta hen of tMs mortgage by the Association
22 Any agreement hereafter made by Mortgagor and Association pwwant to this mortgage shah be wperip to the rights of the holder of any intervening Iron or
encurtibrarxe
t 23 upon request of Mortgagor, the Assocratan may. at its sole optan. (ruin ume to time, before lull payment of all indebtedness secwed hereby. make further ad-
s vances t0 Mortgagor, povidad, howwer, that the tool pnncipat secured hereby end remaining unpaid. including any such advances, shall rat at arty Mow ex-
teed the original pincipal cam secured hereby Mortgagor shall pay all such further advances with interest and the same Shall be secured hereby. All p0'visans
of [Ms mortgage shell apply to each funtier adrsrice as well as to all other indebtedness secured hereby Notlnng here+n conta+ned. However, shed limit the
amount secwsd by this mortgage d such amount is inuused by advarres made by the Associstan, as herein elsewhere povided for to po[ect the security
24. In the event the Mortgagor herein, or any subsequent Mortgagor. or ar?y person a corporatan owronp any interest whatsoever. should enwmber the pOperty
hema mongagsd by an instrument mrrwttonly referred to and known as a "wisp-around mortgage-- without first obtaiesng the written wresent d the Assoaa
tan. then, at the opbn of the Association, tfie obligation secured by this Mortgage shad immediately become due and payable- -
' 25 To provide tM Assouation with flood Inswance Coverage if the reel poperty is now a heresNer detemrned to ba within a speual flood hazard area as shown
on flood Hazard Boundary Msp/flood Iruwance Rate Map as publis~`bt4tbe Fe0eN1 Irtss~r~~~ytratan
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