HomeMy WebLinkAbout0898 8. It 111o~tgagor tails to insure the ptemises, or to pay and furnish receipts tor aU taxes and assessmenls, o~ to pay debts,
c•laims, o~ other ch~~es (or repalrs and improvemrnls, o~ to kecp the pmmisrs in good conJ?tion, and repa~~, all as p~ovidcd hemin.
~lortgagee may at his option procure such insurance, pay such taxes and ~ssments, rederm the property trom any tax salr, procure
~uch reccipts, or enter upon the p~em~ses and make such ~epairs as he may deem necessary; and 1~lottgagor shell pay to Mortgagte sll
,ums which he shail have sopa ~d, togethcr with intemst thereon at the highest lawtul ~ate pe~ annum trom the date the same was
paid, arul tor payment themof, thu mortgage shall stand at security in like manner a?ul e(tect as tor the payment of the indebtedness
referred to above; but the tailure ot 11iort~ugee to procurr sueh insurance, to pay such tazrs and assessments, to rc~leem the property
(rom any tax sale, or to make repairs shall in no way rnnder Mortgagee liabie to Mortgagor. I( Mortgagee shall e'ect to advance insur-
anc~ p~emiums, taxes. or assessrnents, or redrem trom tax sale, lhe receipt ot the insurance company or oi the pr~pe~ tax ofticial shall
be conclusive e~idence o( the amou~l, validity, and the tact ot payment thereo(.
9. Mortgagar shall pay to Mortgaget all sums, including costs, expenses, and reasonable agent's or attorney's (ees, which he
may expend or become obligaled to pay in any proccrdings, legal or otl~erwise, to prnvent the commiss?o~ ot waste, to establish or
,ustain the lien of tliis mortgage or its priority, or to deiend against liens, claims, rights, estates, easrments, or restrictions, assecting
priority to this mortgage; in payment, settlement, discharge, or release o[ any assertcd lien, cla~m, right, easement, or restriction made
upon advice o: competent counsel that the same is superio~ to the lien ot this mortgage; (o~ title insurat?ce, abstract ot title or extension
thereot: or in connection with any suit to en[orce or toreclose this mortgage or to recover any sums hereby secured. All such sums
w paid by Mortgagee shall bear interest at the highest law(ul rate per annum until paid, and tor payment ot such surt~s ~nd interest.
this mortgage shall stand as sccurity.
10. In the event damages are awarded tor the taking ot all or any part o[ or inj~~ry to the premises, whether such taking or
injury be done under the power o( eminrnt domain or othcrwise, all such damages shal) !x paid to \lortgagee to be appl~ed as a pay-
~is~•nt on account of such part ot the indebtedness secured ~.ereby, as Mortgagec may rlect, without a(fecting the amount of time for
p:~yment for other installments required the~eunder, whe~her or not said indebted~ess ~s then due and payable.
11. The totai amount of indebtedness secured hereby may decmase or increase trom time to time, 6ut the total unpaid balance
so secured at any one time shall not exceed the original pr~ncipal amount o[ the indebtecfnESS secured hereby plus interest thereon and
any disbursements made for ihe payment of taxes, levies or insurance on the property covemd by the lien o[ this mortgage, with
~nterest thereon; and this mortgage shali secure any and all additional or (urthc~ mo~ies which may be advanced by Mortgagee to
~Iortgagor, or any one of them if there be more than one, after the date hercof, which tuturc advances of money, iE made, shall be
r~•idenced by a note or notes executed by Mortgagor, or any one of them if thr~e be more than one, to Mortgagee beariqq such rate of
interest and with such maturities as shall be detrrmin~d from time to time, but any and all s~ch future aclvances secured by this
martgage shall become payable not more than twenty (20) ycars a[ter the date hereof. Nothing herein contained shall be deemed an
obligalion on the part of Mortgagee to make any tuture adeances.
12. That i( any o( the sums of money payable under or secured by this mortgage be not fuliy paid when the same become
due and payable, or i[ thcre be any breach of this morigaRc or deiault herein on the parl o( biortgagor, or if any rnvenant or stipulation
oi said promissory note arxl ot this mortgage is not promptly and fully performed, tha•n in any and each such event, the aggregate sum
srrured hemby, except unearncd interest, Icss previous payments, if any, shall, at the option ot Mortgagee, become due and payable
forthwith immediately as fully and comptetely as it originally stipulated then to l~c paid, anpthing in said promistory note or in lhis
mortgage to the contrary notwithstancfing; and thereupon, or thercaftcr, at th~• option of '.?iortgagee, w•ithout notice or demand, suit at
i:iµ• or in equity, theretofore or thereatter begun, may be prosecuteci as all sums hereby secured had matured prior to its instrtution.
13. No delay or failure oi 1ltortgagee to rxercise any option herein given or reservcd shall constitute a waiver of such option or
rstop Alortgagee (rom afterwards exercising same or any other opt~on at any timr and the payment or contracting to pay by Mortgagee
of anylhing Aiortgagor has herein agrecd to pay shall not constitute a vra~ver o( the deFault of Mortgagor in failing to make said
payments and shall not estop :~Sortgagee trom [oreclosing this mortKaKe o~ acc-ount of such failure o( !ltortgagor. The rights, options,
poK•ers, and remedies herein pro~•ided shall be cumulat~~•e and no one or more ot thcro shall be exciusive of the other or others, or ot
any right or remedy now: or hercafter given or allowccl by law.
14. The granting to the maker of the note. hlortgagor, or to any other person of an exteris~on or extensions of time of payment
of the note or any sum due under or securcd by this mortgage or the tak~nR oE other or addrtional security for payment thereo(, or
w•aiver by Mongagee of or tailure to entorce any co~•enant or stipulation of the note or th?s mortgage or to declare any default there-
under shall not operate as a waiver of any subsequent detault or atfcct thc riRht of A1ortKagre to exercise any right liereunder not
expressly w~ai~ed in writing, nor operate as a release from any personal liability upon the note or under any co~enant or stipulation
of the mortgage.
15. Transfer of the Property; Assunption. If alI or any part of the propei-ty or an
intsrest therein is sold or transferred by BoYrvw~er witho~t Ler~der's p~iar written oansent,
excluding (a) the creatioai of a lien or encv~ranc+e stabo~rdinate t~o this mc~rtgage, (b)
the creatioci of a p~rchase n~y secu-rity interest for h4usehold applianoes, (c) a transfer
by devise, desc~nt or by operation of law u~on the death of a joint tenant ar(d) the grant
of any leaseh~ld int~erest of three years or less not oontainirig an aptial to pu~rcha.5e,
~ I~end~er may, at Lender's option declare all the s~ns secured by this r+brtgage tA be imnedia~tely
€ due and pay:~ble. Ler~r shall have waived such option to aooelerate if, prior to th~e sale
~ or transfer, Ler~dex and the person to whan the propertY ~is to be sold or tr:,nsfer*_-~eci re.acYi ~
~ ac~re~ner_t i~ wr~ti:~g t~:at Lhe credit of such person is s•~ti~fa~ry to Lenaer and that the
€ interest payable rn the suns secured by this Mortgage shall be at such rate as I~d~s shall
' request. If I~er has waiv~ed the aption to aooelerate p~rovided in this paragraph aryd if
~ Borraa~.r' s s~~coessor in interest has e.xecuted a writt~n ass~mption agreanent aooept~ed in
~ writing by Lerxier, I~er shall release Borrawer fram all obligations under this Mortgage
s and Note.
~ Paragraph x5; oMttYi}~d a~ badc.
~ IN WTPr1ES6 WH~~01?,_~~?is mortgage has been executed under seal by Diortgagor the day and year first above written.
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€ Signed, sealed, and delivered in the presence of :
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~i'~ WILLIAM L. HART
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_ • PAULA J. HART
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