Loading...
HomeMy WebLinkAbout1864 ' -ic,:_ ' AND the said Mortgagor Mreby tovenanh and agrees wiM tM said Mortgagee os folbws:. FIRST: That tM Mortgagor is lawfully seised of the above described premises in fee simple and has good right ro self and convey the some ro tM Mortgagee; that the said premises ore fre• and disdtorged of and from all toxe:, tax title: or certifkotes, judgments, mechanic s liens and encumbrances of any nature or kind whatsoever and that the Mortgagor -will fully worroM and defend the same ro tM Mortgagee, against the lawful claims and demands of all persons whomsoever, and will make such further osswonces ro pe?fed fee simple title ro said land, in the Mortgagee, os may reasonable be required, and will pay the several sums of money agreed in the said note ro b• paid and all installments of principal and interest thereon promptly when due, and aexording ro the true terar a.^.~! *ffetf of the said note. SKOND: That the Mortgagor will pay all and singular the taxes, assessments, levies, and encumbrances of every nature on rM above described property, and upon this mortgage and note, or the money secured thereby, before delinquency thereof and reteipts evidencing payment of sold foxes, assessments, levies and encumbrances shall be deposited with t}re Mortgagee on or before March ist of each succeeding year during the term of this mortgage; and if same be not promptly paid when due, the Mortgagee may (without obligation ro do so) pay the some, or become purchaser -of any lawful evidence thereof, or certificate therefor, without waiving or offectinq any right hereunder and in this mortgage, or the sold note which this nartgage secures; and - wth poymenri or expenditures so mode shall bear interest from the date thereof of the rate of ~~,ey,~_(~ 1 _ l][)Y) pi -r rant . per anrwm. THIRD: That the Mortgagor will 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 kxs by fire, windstorm and other hazards, casualties and contingencies for such perwds and for not less than such amounts os may be required by the Mortgagee and. to pay promptly when due all premiums for such inwrance. Tha amounts of such insurance required by the Mortgagee are expressive of only the minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such odditiwal insurance as may be necessary to meet and comply fully with all co-insurance requirements contained in said policies ro the end lhof said Mortgagor is not a co-insurer thereunder. Insurance shall be written by o company or companies approved by the Mortgagee and all policies and renewals thereof shall be held by the Mortgagee. All detailed designations by the Mortgagor which ore oa:epted by the Mortgagee and all agreements between Mortgagor and Mortgagee relating to insurance, now existing or hereafter made, shall be in writing and shall be a part of this mortgage agreement os fully vs though set forth verbatim herein and shall govern both parties hereto and (heir suaessors and ossigru. No lien upon any of s6id policies of insurance or upon any refund a return premium which may be payable on the cancellation or termination thereof, shall be given ro other than the Mort- gagee, except by proper endorsement affixed to such policy and approved by Mortgagee. Each policy of inwrance shall hove affixed thereto o Standard Mortgagee Clause oaeptoble ro the Mortgagee, making all loss ur losses under wch pdicy poyabte ro the Mortgagee as iK interest may appear. In the event any wm or sums of money become payable thereunder the Mortgagee shall hove the option ro receive and apply the same on oa~unt of the indebtedness hereby secured, or to permit the Mortgagor to receive and use it, or any port thereof, without thereby waiving or impairing any equity, lien or right under and by virtue of this mortgage. M event of loss or physical damage to the mortgaged property the Mortgagor shall give immediate notice thereof by mail ro the Mortgagee and the Mortgagee may make proof of loss if the same is rwt made promptly by the Mortgagor. M event of foredowre of this mortgage or other transfer of title to the mortgaged property in extinguishment of the indebtedness secured hereby, all right, title and interest of the"Mortgagor in and to any inwrance policies then in force shall pass to the purchaser or grantee. Upon any defauk thereof, the Mortgagee may (but without obligation. on its part so to do) place insurance on such buildings and pay the premium and charge sudt wms so paid to the Mortgagor and such sums of money s<~ paid shall bear interest from the date of payment at the rote of ~ypn (11 _[1(li) nPrrpnt per omum. FOURTH: That all sums of money paid or caused to be paid by the Mortgagee under the terms of this mc:.*goge and herein specifxally provided for, and irtduding any expenses incurred by the Mortgagee in collection of the sum secured by this mortgage, ~ shall be covered by the lien of this mortgage, the same as the sums of money represented by the note which this mortgage secures. Hf7H: To permit, commit or wffer no waste, impairment or deterioration of sold property, or any part thereof, and upon { the failure of the Mortgagor to keep the buildings on said property in good condition of repair, the Mortgagee may demand the ; E immediate repair of said buildings, or on increase in the amount of security, or the immediate repayment of the debt hereby s severed, and the failure of the Mortgagor ro comply with said demand of the Mortgagee for o period of fifteen (15) dogs shall constitute a breach of this mortgage, and, of the option of the Mortgagee, immediately mature the entire unpaid principal and interest hereby secured, and the Mortgagee may, without ratite, institute proceedings to forecbse this mortgage, and apply for the appointment of a receiver, as hereinafter provided. SIXTH: That the Mortgagor hereby pranises, covenants and agrees to pay the sums of money and interest as mentioned in said promissory note, together with any and all other wms justly due and owing the Mortgagee by the terms therein, and secured to be paid os stated therein prompNy when due. If default shat: be made in the payment of the said sums of money or any part c thereof as provided in the said note or this mortgage,. or if the interest that may become due thereon or anY part thereof shalt be in default and unpaid for a spore of fifteen (1S) days, or should the. Mortgagor breach or fail to comply with any other covenant or agreement on the port of the Mortgagor to be complied with (in those cases in which the option of the Mortgagee of accetero• lion is not otherwise expressly provided herein) and such breach or ran-compliance contirwe in existence for o space of fifteen (1SI days, then and from thenceforth, at the option of the Mortgagee and without notice to the Mortgagor, the whole of said principal ~ sum expressed in said note, together with all other sums therein as well as herein provided for, shah become immediately due and payable, without ratite to the said Mortgagor. SEVENTH: That in case it should become necessary to place this mortgage and the note secured hereby or either of them, in the hands of an attorney for collection, the said Mortgagor covenants and agrees with the Mortgagee to pay all costs, charges [ and expenses of such collection, including reasonable attorney's fees whether colteded by foreclosure or otherwise. - EIGHTH: That, in the event any wit is brought upon this mortgage, whether to foreclose it, to reform it, or otherwise, and; or to enforce payment of any claim hereunder, the Mortgagee may apply to any court hoeing jurisdiction thereof for the t appointment of a receiver of said mortgaged property, as well as the income, profits, issues and revenues thereof, and thr sold j gQ~K314 PA~E1857