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HomeMy WebLinkAbout1039 . , . ~ ~ 2. That, in order more tuUy to protect the security of this mortgage. the mortgagor, together with. and in addition to, the monthly payments under the terms o/ the note secured hereby, on the first day of each month until the said note is tuNy paid, will pay to the mortgagee the folbw- ingsums: (a) An amount wllkient to provide the holder hereof with funds to pay the next mortgage inwtance premium if this instrument and the note secured hereby arc inwred. a a monthly charge tin lieu of a mortgage insurance prsmiuml it they are held by the Secretary of Housing and Urban Devebpment as tolbws: 111 If and so bug as said note of even daft and this instrument arc inwrcd or are reinwred under the provisions of the National Housing Act. an amatnt wfficienl to accumulate in the hands of the holder one l l) month prior to its due date the annual mort- gage insuwnee premium, in order to provide such holder with funds to pay such premium to the Secretary of Housing and Urban Devebprnent pursuant to the National Housing Act. as amended. and apptipbk Regttlatiars thereunder: a 1111 It and so brrg as said note of even date and this instrument arc held by the Secretary of Housing and Urban Devebpment. a monthly charge (in lice of a mortgage inwrance premium) which shall be in an amount equal toone-twelfth 11/l?) of one-halt l IR) per centum of the average outstanding balance due on the note computed without taking into account delinquencies or prepayments; ~ lb) A wm equal to the ground rents, if any, next dot. plus the premiums that will next become due and payabk on policies of fire and other hazard inwranct coverirrg the mortgaged property, plus taxes and assessments next due on the mortgaged property (all as esti- mated by the mortgagee) leis all sums already paid therefor divided by the number of months to elapse before one month prior to the date when such ground rents, premiums, taxes, and assessments wiU become delinquent, wch wms to be held by mortgagee in trust to pay said ground rents. premiums, taxes, and special assessments; and (c). AU payments tentioned in the two preceding wbsections of this paragraph and all payments to be made under the note secured here- by shall be added together and the aggregate amount thereof shall be paid by the mortgagor each month in a single payment to be ap- plied by the mortgagee to the tdbwing items in the order set forth: ll) premium charges under the contract of inwrance with the Secretary of Housing and Urban Development, or monthly charge tin btu of mortgage inwrance premium), as the case maybe: 1111 ground rents. taxes. assessments, lire. and other hazard inwrance premiums; 1111 interest on the note secured hereby: and lIV1 amortization of the principal of said note. Any deficiency in the amount of such aggregate monthly payment shall, unless made good by the mortgagor prior to the due date of the next wch payment. constitute an event of detauh under this mortgage. The mortgagee may collect a "late charge"not to exceed four centx (4~) fa each dollar (SI) of each payment more than fifteen l IS) days in arrears to cover the extra expense involved in handling delinquent payments. i. That it the total of the payments made by the mortgagor under lb1 of paragraph 2 preceding shall exceed the amount of the payments actually made by the mortgagee. for ground rents. taxes and assessments and inwrance premiums, as the case may be. wch excess i[ the loan is current, at the option of the mortgagor. shall. be credited on snbsegnent payments to be made by the mortgagor. of retonded to the mortgagor. It. however. the monthly payments made by the mortgagor Hader-fe) of paragraph 2 preceding shall not be antticient to pay ground teats, la:es and assessments and inanrance premiums. as the case may be, when the same shall become due and pay- able. then the mortgagor shall pay to the mortgagee any amount necessary to make np the deficiency, on or before the date when payment of such groaad rents, taxes, assessments. or insnrasce premiums shall be due. It at any time the mortgagor shall reader to the mortgagee in accordance with the provisions of the note secured hereby. full payment of the entire indebtedness represent- ed thereby, the mortgagee shall, in competing the amount of such indebtedness, credit to the account o[ the mortgagor all payments made under the provisions of of paragraph 2 hereof which the mortgagee bas not become obligated to pay to the Secretary of Housing and- Urban Development and any balance remaining is the tends accamulated undeL the. provisions of fb) of sgid paragraph 2. If there shall be a defaolt under any of the provisions of this mortgage. resulting in a public sale of the premises covered hereby, or it the mortgagee acgnirex the property otherwise after default, the mortgagee shall apply. the the time of the commencement of such proceedings or at the time the property is otherwise acquired. the balance then remaining is the erode accumulated under te) of paragraph 2 preceding as a credit against the amosst of principal then remaining unpaid Hader said note and shall properly adjust any payments ~vhic6 shall have been made under of said paragraph. i. That he will pay all fazes. assessments. water rates. and other governmental or municipal charges, ones, of impositions. for which pro- vision has not been made hereinhetore. and in default thereof the mortgagee may pay the wme: and that he will promptly deliver the official receipts therefor to the mortgagee. S. That he will permit. commit. or wrier no waste. impairment. or deterioration of said property or any part thereof: and in the event of the failure of the mortgagor to keep the buildings on said premises and (hose to be erected on said premises: or improvements thereon. in good re- pair. the mortgagee may make such repairs as in its discretion it may deem necessary for the proper preservation therei?t. and the full amount of ~ each and every wch payment shall be immediately due and payabk. and shall be secured by the lien of this mortgage. 6. That he will pay all and singular the costs, charges, and expenses, including rcasonabk lawyer's ices. and costs of abstracts of title. in- curred or paid at any time by the mortgagee because of the failure on the part of the mortgagor promptly and fully to perform the agreements and covenants of said promiswry note and this mortgage and said costs. charges, and expenses shall be immediately due and payabk and shall be secured by the lien of this mortgage. 7. That he will keep the improvements now existing or hereafter erected on the mortgaged property insured as may t+e required from time to time by the mortgagee against bss by fire •an1! other hazards. casualties. and contingencies in such amounts and for such portals as may be required by mortgagee. and will pay promptly. when due. any premiums on wch inwrrnce for payment of which provision has not been made hereinbefore. All inwrance shall be carried in companiex approved by mortgagee and the policies and renewalsthereof shall bt held by mortga- gee and have attached thereto bss payabk clauses in favor of and in form acceptable to the mortgagee. in event of ions he viii give immediate ndice by mail to mortgagee. and mortgagee may make proof of bss if not made promptly by mortgagor. and each inwrance company con- cerned is hereby authorized and directed to make payment for such bss directly to mortgagee instead of to mortgagor and mortgagee jointly. and the inwrance proceeds. or any part thereof. may be applied by mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration nr repair of the property damaged. In event of forecbsure of this mortgage or other transfer of title to the mort- gaged property in extinguishment of the indebtedness secured hereby. all right. titk_ and interest of the mortgagor in and to any insurance poli- ciesthen in force shall pass to the purchaser or grantee. K. That if the premises. or any part thereof. be condemned under any power of eminent domain. or acquired for a public use. the damages. proceeds. and the consideration for such acquisition. to the extent of the foil amount of indebtedrrEss upon this Mortgage. and the Note secured hereby remaining unpaid. are hereby assigned by the Mortgagor to the Mortgagee and shall be paid forthwith to the Mortgagee to be applied by it on account of the indebteness secured hereby. whether due or not. 9. That the mortgagee may. at any time pending a suit upon this mortgage. apply to the court having jurisdiction thereof for the appoint- ment of areceiver. and such court shall forthwith appoint a receiver of the premises covered hereby all and singular. including all and singuhar the income. profits. issues. and revenues from whatever source derived. each and every of which. it being expressly understood. is hereby mortgaged as it specifically set forth and described in the granting and habendum clauses hereof. and such receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a receiver. and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said mortgagee. and without reference to the adequacy or inadequacy of the value of the property mort- gaged ur to the wlvency or inwlvency of wid mortgagor or the defendants. and that wch rents. profits. income, issues. and revenues shall be applied by wch receiver according to the lien of this mortgage and the practice of such court. In the event of any default on the part of the mort- gagor hereunder. the mortgagor agrees to pay to the mortgagee on demand as a rcasonabk monthly rental for the premises an amount at least equivalent to one-twelfth l 112) of the aggregate of the twelve monthly installments payabk in the then current year plus the actual amount of the annual taxes, assessments. water rates. and inwrance premiums for wch year not covered by the aforesaid monthly payments. lll. That la) in the event of anybreach of this mortgage or default on the part of the mortgagor. or Ib) in the event that any of said wms of money herein referred to be nd promptly and fully paid without demand or notice. or Ic) in the event that ash and every the stipulations. agreements, conditions. and covenants of said note and this mortgage. art not duly. promptly. and fully performed: then in either or any wch event. the said aggregate sum mentioned in said note then remaining unpaid. with interest accrued to that time. and all moneys secured hereby. shall become due and payabk forthwith. or thereafter. at the option of said mortgagee. as fully and completely as it all of the said sums of mon- ey were originally stipulated to be paid on wch day. anything in said note or in this mortgage to the contrary nawithstanding: and thereupon or thereafter. at the option of said mortgagee. without notice or demand. wit at law or inequity. may be prosecuted as if all moneys secured here- by had matured prior to its institution. The mortgagee may toreclose.this mortgage. as to the amount so declared due and payabk. and the said premises shall be sold to satisfy and pay the same together with costs. expenses. and albwances. In case of partial forecbwrc of this mortgage. the mortgaged premises shall be sold subject to the continuing lien of this mort~Jor the amount of the debt Trot then due and unpaid. In wch case the provisions of this paragraph may again be availed of thereafter froth titge t0 time by the mortgagee. anAY • pcEi039 ~