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HomeMy WebLinkAbout1471 ;yid ;~}1 Said promissory note was given to secure a loan in which the Stuxll Buaiaesa Ac3r.;iaiatration, an agency of the United Staten of America, has participated, In compliance with section 101.1 (d) of the Rules and Regulations of the Small Business Administration [ 13 C.F,R. 101.11 d 1 this instrument is to be construed and enforced in accord- ance with applicable Federal law, 1. The mortgagor covenants and agrees as follows: a. He will promptly pay the indebtedness evidenced by said promissory note at the times and in the manner therein provided. b. He will pay all taxes, assessments, water rates, and other governmental or municipal charges,, fines, or impositions. for which provision has not been made hereinbefore, and will promptly deliver the official receipts therefor to the said mortgagee. c. He will pay such a:penses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the mortgagee for the collection of any or all of the indebtedness hereby secured, or foreclosure by mortgagee's axle, or court proceedings, or in any other litigation or proceeding affecting said property. Attorneys' fees reasonably incurred in am• other way shall he paid by the mortgagor. • d. For better security of the indebtedness hereby secured, upon the request of the mortgagee, its successors or assigns, he shall execute and deliver a supplemental mortgage or rnorigages covering am• additions, improvements, or betterments made to the property hereinabove described and all property acquired by it after the date hereof tall in form satisfactory to mortgagee ~ . Furthermore, should mortKagor fail to cure any default in the payment of a prior or inferior encumbrance on the property described by this instrument, mortgagor hereby agrees to permit mortgagee to cure such default; but mortgagee is not obligated to do so; and such adyancea shall become part of the inrleht<•dnes: secured by this instrument, subject to the same terms and conditions. r'. The rights created by this com•eyanee shall remain in (ull force and et3ect during au} postpunr•nu•nt or extension of the time of the payment of the indebtedness evidenced be said promi~sorv note or an. ~rart thereof secured hereby. - j. He will continuously maintain haaard insurance, of such type or types and in such amounts as the mortgagee may from time to time require on the improvements now or hereafter un raid property, :uul will pay promptly when due any premiums therefor. All insurance shall be carried in companies acceptable to mortgagee and the policies and renewals thereof shall be held b}• mortgagee and have attached thereto lose payable clauses in favor o[ and in form acceptable to the mortgagee. In event of loss, mortgagor will give immediate notice in writing to mortgagee,.and mortgagee may make proof of loss i( not made promptly by mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for ouch loss direetl}• to mortgagee instead of to mortgagor and mortgagee jointly, and the insurance proceeds, or an}• part thereof, may be applied by mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property-damaged or destroyed. In event of foreclosure of this mortgage, or other transfer of title to said property in extinguishment of the indebtedness secured hereby, all right, title, and interest of the mortgagor in and to an}• insurance policies then in force shall pass to the purchaser or mortgagee or, at the option of the mortgagee, may be surrenrlrn•d fur a refund. g. He will keep all buildings and other improvements on swirl property i« good repair and condition: _ will permit, commit, or Buffer no waste, impairment, deterioration of said property or anv part thereoi; in the event of failure of the mortgagor to keep the buildings on swirl premises and those erected on said premises, or improvements thereon, in good repair, the mortgagee may make ;uch repairs as in its discretion it may deem necessary for the proper preservation thereof; and the full amount of each and evert such payment shall be immediateh due and payable; and shall he secured by the lien of thi- mortgage. h. He will not voluntarily create or permit to be created against the property subject~to this mortgage an}• lien or liens inferior or superior to the lien of Chia mortgage without the written consent of the mortgagee; and further, that he will keep and maintain the sane free frmn the claim of all persun~ •upplcing labor ur materials for construction of any and all buildings or improvement; now heinK erected qr to he erected uu aairi premises. i. He wilt not rent ur assign an} part of the rent of said mortgaged property or demolirh. or rrmnre. err .ubaantialh• alter ant hrtilding without the written consent of the mortgagee. j. All awards of damages in connection with any condemnation for public use of ur injure to anv of the pmpcrty subject to this mortKage are hereby assigned and shall be paid to mortgagee, who may apple the ~:une ro pa~uu•nt of the installments last due under said note, a«r) mortgagee is hereby authorized. in the name of the mortKagor, to execute and deliver valid acquittances thereof and in appeal !mm anv such award. k. 'fhe nu?rigagee shall have the right to inspect the nu?rtgaged premiFr•. at anv rea~unahle time. 2. Default in any of the covenants or conditions of this instrument or of the note or loan agreement secured hereby shall terminate the mortgagor's ritcht to possession, use, and enjoyment of the property, at the option of the mortgagee or his assigns (it being agreed that the mortgagor shall have such right until default). Upon any such default, the mortgagee shall become the owner of all of the rents and profits accruing after default at! aecnrity for the indebtedness secured hereby, with the right to enter upon said property for the purpose of collecting such rents and profits. This instrument shall operate se an assignment of any rentals on Said property to that extent.