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HomeMy WebLinkAbout1350 s~ Y a~ v PROVIDED. ALWAYS. that it the Mortp~or shall pay unto the Mort~a:ee the indebtedneu evidenced by a certaLl promissory note of wbich the followins in words and (igurea is a true copy to-wit: and shall perform, comply with and abide by each and curry the stipulations, agreements, conditions and covenants of said promissory.note and of this deed, then this deed and the estate thereby created shall cease and bt nuU and void. 1. The Mortgagor hereby covenants and agrees: . (a) To pay all and singular the principal and' interest and other sums of money payable by virture of said promissory note and this deed, or either, promptly on the days respectively the same severally bernmes due. (b) To permit, commit or wffer no waste and to maimain the improvements at alt times in a state of good repair and condition, and to do or permit to be done to said premises nothing that will alter or change the use and character o[ said property or in any way impair ar weaken the security of this mortgage. And in case of the refusal, neglect or inability of the Mortgagor to repatr and maintain said proputy, the Mortgagee may, at his option, make such repair or cause the same to be made, and advance moneys in that behalf. (c) To pay all and singular the taxes, assessments, levies, liabilities, and obligations of every nature on said described property each and every w•hrn due and payable according to law, before they become deliyuenl, and to deliver to the Mortgagee on or before Match 1 StA of each year tax receipts evidencing the payment of all lawfully imposed taxes for the preceding calendu year; to indemnify the Mortgagee upon his demand for all taxes, assessments and charges that may be assessed upon this mortgage on the indebtedness secured hereby, and paid by the mortgagee, without regard to any taw heretofore enacted or hereafter to be enacted imposing payment of the whole or any ~ part thereof upon the Mortgagee. 'r (d) To pay all and singular the costs, charges and expenses, including lawyers' fees and abstract costs reasonably incurred or paid at any time by the Mortgagee beause of the failure on the part of the Mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said promissory note and this deed, or eithu, and evuy such payment shall beat interest from date at the rate of ten (10`x) pu centum per annum. (e) It is further convenanted and agreed by said parties that in the event of a suit being instituted to foreclose this mortgage, th! Mort- gagee shall De entitled to apply at any time pending wcA foreclosure wit to the court having jurisdiction thutnf for the appointment of a receiver of all and singular the mortgaged property, and of all rents, incomes, profits, issues and revenues thereof, from whatsoevu source derived; and thereupon it is hereby expressly convenanted and agreed that the Court shall forthwith appoint wch rueiver with the usual poN~ers and duties of receivers in like casts; and said appointment shall be made by the court as a matte of strict tight to the Mort- gagee, and without reference to the adequacy or inadequacy of the value of the property hereby mortgytd, or to the solvency or insol- vency of the Mortgagors or any other putt' defendant to such wit. The Mortgagor hereby specittcaUy waives the tight to object to the ~ appointment of a receiver u aforesaid and hereby expressly consents that such appointment shall be made as an admitted equity and as a matter of abwlute right to the Mortgagee and that the same may be done without notice to the Mortgagor. (f) If foreclosure proceedings should be instituted against the property covered by this mortgage upon any other lien or claim whether alleged to be superior or junior to the lien of this mortgage, the Mortgagee may at his option immediately upon institution of such suit or during the pendency thereof declare this mortgage and the indebtedness secured hereby due and payable forthwith and may at its option proceed to forecbse this mortgage. (g) That the Mortgagor wit! keep all real and personal property now or hereafter encumbered by the: lien of this mortgage insured as may be required from time to time by the Mortgagee against bss of fire, windstorm and other hazards, casualties and contingencies for such periods and for not less than such amounts as may be required by the Mortgagee and to pay promptly when due all premiums for such insurance. The amounts of insurance required by the Mortgagee shall be the minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additional insurance as may be necessary to meet and comply fully with all coinsurance requirements contained in said policies to the end that the said Mortgagor is not a co-insuror thereunder. Inwrance shall be written by a company or companies approved or designated by the Mortgagee and all policies and renewals thereof shall be held by the Mortgagee. All detailed designations by the Mortgagor which are accepted by the Mortgagee and all agreements between Mortgagor and Mortgagee relating to insurance, now existing or hereafter made, shall bt in writing and shall be a part of this mortgage agreement as fully as though set forth verbatim herein and shall govern both parties hereto and their successors and assigns. No lien upon any of said policies of insuranc. or upon any refund or return premium which may be payable on the cancellation or termination thereof, shall be given to other than the Mortgagee, except by proper endorsement affixed to sucA policy and approved by Mortgagee. Each policy of iruuranp shall hate affixed thereto a Standard New York Fortgagee Clause without Contributbn, makirig all bas or bares under such po8cy payable to the Mortgagee as its interest may appear. In the event any sum or sums of money become payable thereunder the Mortgagee ~ shall hate the option to receive and apply the same on account of the indebtedness hereby secured, or to permit the Mortgagor to ra ceive and use it, or any part thereof, without thereby waiving or impairing any equity, lien, or right undo and by virtue of this ttsort- gage. In event of loss or physical damage to the mortgaged property the Mortgagor shall give immediate notice thereof by mail to the ~ Mortgagee and the Mortgagee may make proof of loss if the same is not made promply by the Mortgagor. In event of forecbsure of U R 7t 1'7? ~CF ~ ~