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HomeMy WebLinkAbout2090 . ~ tender to the Mortgagee in accordance with tlis provisions of the note secured hereby. full payment of the entire indebtedness represented thereby, the Mortgagee, .as trwwtee, shall, in computing the anount of such indebtedness, cralit t~o-tlie account of the Mortgagor any ce+edit balance remaining under the provisions o! (a) of said p~agraph 3. I[ there shall ~ a default uadcr. any of the provisions of this inortga~o resulting is a public sale o[ the premises covered he~e)ay, or if thOJlltbrtgagee acquires thq property otherwise after default, the Mortgagee, as trustee, shell apply, at, the time of the coinineneement of ouch proceedii®s or at the Lima the property is otherwise acquired, the amount then remain~ag to credit of Mortgagor under (a) of paragraph.2 preceding as a credit on the interest accrued and unpaid and the balance to the principal then remaining unpud . oa said note. He will pay sD taxes, aseesemmts, water rates, sad othee ~overnmenW ae municipal charges, Baer a impositbos, for whl~ provieloa has not been made hereinbefore, and in detauk tliereoE the Matp~ee my piyr the - - same; sad that hs will pcoanptbr deliver the o~ird receipts therefor to the Mortgsgee~. b. He wlII pQtacdt, commit, or eu>Yer no waste, impairmeset or deterloratlon of said property ce thereof .eaoept nawnsbie wear and tear. and In the aveat of the failure of the Mory~gor to beep the b~i1d n~gs on sai~ premises sad these to be erecte~ oa said premises, or improvements thereon, is good repair tbs Mortgages may - make sash repairs as in its disantFoa it may deem necessary for the proper peer:rrvation the:eo~ sad the full aaotwmt of each and every each payment shall be due and payable thirty- days after' demand, ae thaU bs secured by the lien of this mortg~sge. _ - 8~ Be will pay ail sad singular the coats, and ea~peaees, including reasonable Lwyer's fees, and costs of abstracts of title, incurred or pall at aqy time~Mottgagee becanee of the failure on the part of the Mart~s~ - promptly and fly to perform the agreements and covenants of said promissory note and this. d costs, charges, sad expenses shall be imanedistely due and payable sad shall be secured by the liena~mortgaga T. Re wiIl oontinuouslj maintain hasard insurance, of such type or types and amounts as Mortgagee may from time to time require, Qa the improvements now or hereafter on ~aidd p_ remises and except whoa payment for all such premiums has ~beretofore been made under ~(s of paragraFh Z hereof ~e will pay promp~,~y when due any premiums therefor. All-insurance shall be carried is companies approve by Mo tgag~ and the poli- cies sad renewals thereof shall be held by Mortgagee end have attached thereto loss payable c>-eases in isvor of and inform acceptable to the Mor~g~g~ Ia event of loss he will give immediate notice by mW to Mortgages, and Mortgagee rosy make.proof o~ roes if not made promptly by Mortgagorf sad each inauraaee company eonoerned is hereb authorized sad directed to make payment for such bee du+ectly to Mo tgageematead of to Mortgagor end ~ortgages jointly, and the,insuranCe proceeds, or any part thereof maybe app - Flied by Morw gages at its option either to the reduction of the indebtedness hereby secured or to t~e restoratwn or re the property dammed. In event of foreclosure of this mo or other transfer of title to the mortgaaged en licies~then infoi~oe~shall ~ ~b Wit, title, and interest of the Mortgagor y po pRSS to the purchaser or grantee. 8. If the ppremises, or am part thereof, be condemned under the? power of eminent domain, or acquired for a public use. the daiuages awarded, the proc~eecls for the taking of, or the consideration for suc)i acquisition, to the extent of the full amount of the remaining unpaid indebtedness secured by this mortgage, are liereb~• assigned to the -Mortgagee, and his heirs or asses, and shall !x• paid forthwith to said Mortgagee or his assignee to be applied on account of the last maturing installments of such indebtedness; provided, 1?owever, the Mortgagee or lira asai~nee, may at 1?is discretion pay direct to the Mortgagor, his heirs or assigns any part or all of such award; provided, that i[ the loan is guaranteed or insured, the consent of the guarantor or insurer is obtained in advance of said pad meat. 9. The Mortgagee may, at any time pending a suit upon this mortgage, apply to the court having jurisdiction thereof for the appointment of a receiver, sad such court shall forthwith appoint s receiver of the premises covered hereby all slid singular, including. all sad singular the income, proSts, issues, and revenues from whatever source derived, each and every of which, it being expressly understood, is hereby mortgaged as if specifically set forth and - described inthegrantingand hsbendum cLuseshereof. Such appointment shall be made by such court ss sa admitted equity and a matter of absolute right to said Mortgagee, and without reference to the adequsay or inadequacy of the value of the property mortgaged or to the solvency or iceolvency of said Mortgagor or the defendants. Such rents, profits, income, issues, and revenues shall be applied by such receiver aooosding to the lien of this mortgage and the practice of such court. In the event of say default on the park of the Mortgagorhereunder, the M agrees to pay to the Mo on demand as a reasonable monthly rental for the premises an amount equivalent to one-tweUthr (~j of the aggregate of the twelve monthly installments payable in the then surreat year plus the actual amount of the annual taxes, asseasnneats, water rates, and irisuranoe premiums for mush year 4 not covered by the sfoitissid monthly payments. I 10. In the event of say beach of this mortgage or default on the part of the Mortgagor, or in the event that -any of acid sums of money herein referred to be not promptly and fully paid according to the tenor hereof, or in the event that e:.ch and every the atipulatioce, agreements, conditions, and covenants of said note and this mortgage, are not duly, promptly, and fully performed; then in either or any such event; the ci aggregate sum mentioned in said note then remaining unpaid, with interest accrued to that time, end ell moneys secured hereby, shall become due end paysbk forthwith, or thereafter, st the option of said Mortgagee, ss fully end completely se if all of the said sums of money wen originally stipulated to be paid on such daY, ~Y~n6 in acid note. or in this mortgage to the contrary~notwithataading;_sad thereupon or thereafter, at the option of said Mortgagee, without notice x demand, suit at law or in equity; rosy be prosecuted as if all moneys secured hereby had matured prior to its institu- tion. The Mortgagee rosy foreclose this mortgage, sa to the amount so declared. due and payable, sad the said premises shall be sold to satisfy and pay the same together with costs, expenses, end albwaacea. Ia case of partial foreclosure of this mortgage, the mortgaged premises shall be sold subject to the continuing lien of this mortgage for the amount of the debt not then due end unpaid. In such case the provisions of this paragraph rosy again be availed of thereafter !rom time to time by the Mortgagee. - - 11. No waiver of sap covenant herein or of the obligation secured hereby shall at say time thereafter be hdd to be s waiver of the terms hereof or of the note secured hereby. 12. The lies of this instrument shall remain in full force and effect during any postponement or extension of the time of payment of the iadebtednese or say part thereof secured herby. 13. If the Mortgagor default in any of the covenants or agreements eon„ained herein, or in said note, then the Mortgagee may perform the same, and all expenditures (including reasonably attorney's fees) made by the Mortgagee in so do shall draw interest at the rate provided-for '.he principal indebtedness, and shall be repayable thirty days after demand, and, together with intere:•+ end costs accrued thereon, shall be secured by this mortgage. 14. Upoa the request of tie Mortgs~gee the Mortgagor shall execute and deliver a supplemental note or notes fort sum or sums advanced Dy the Mortgagee for the alteration, modernization, improvement, main- tensrice, or repair of said premises, for taxes or aai~emmenta against the same and for any other purpose author- ized hereunder. Said note or notes shall be secured hereby on a parity with end as fully as if the advance evidenced thereby were included in the note first described above. Said supplemental note or notes shall beer interest at tLe rate provided for in the principal indebtedness end shall be syable in appproximately equal monthly pa ants for such period as rosy be agreed upon by the creditor and debtor. Failing to agree on the maturity, the whole of the sum or sums so advanced shall be due and payable thirty'(30) days after demand by the creditor. Ia no event shall We maturity extend beyond the ultimate maturity of the note first described above. ~•7 Rn~e)~~ pig/(r1