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HomeMy WebLinkAbout1142 r ANp the said Mortgagor hereby covenants and agrees with the.soid Mortgagee as follows: FIRST: That the Mortgagor is lawfully seized of the above described premises in fee simple and has good right to sell and convey the some to the Mortgagee; that the sold premises ore free and dischoryed of and iron all foxes, cox titles or certificates, judgments, mechanic s liens and encumbrances of any nature or kind whatsoever and that the Mortgagor will fully warrant and defend the same to the Mortgagee, against the lawful claims and demands of all persons whomsoever, and will make such further assurances to perfect fee simple Title to said land, in the Mortgagee, os may reasonable be required, and will pay the several sums of money agreed in the said note to be paid and all insfollments of printipo) and interest thereon promptly when due, and according to the true tenor and effect of the said note. SECOND: That the Mortgagor will pay all and singular the faxes, assessments, levies, and encumbrances of every nature on the above deuribed property, and upon this mortgage and note, or the money secured thereby, before delinquency thereoF and receipts evidencing payment of said torts, assessments, levies and encumbrances shall be deposited with the Mortgagee on or before March lst of each succeeding year during the term of this mortgage; and if some be not promptly paid when due, the _ Mortgagee may (without obligation to do so) pay the same, or become purchaser of any lawful evidence thereof, or certificate therefor, without waiving or affecting any right hereunder and in this mortgage, or the sold note which this mortgage secures; and . such payments or expenditures so mode shall bear interest from the dote thereof at the rate of 15.4 8 X per annum. THIRD: Thof fht Mortgagor will keep all real and personal property now or hereoFter encumbered by the lien of this mortgage insured as may be required from time to time by the Mortgagee against bss by Fire, windstorm and other hazards, casualties and contingencies for such periods and for ra? less than such amounts os may be required by the Morfgogee and fo pay promptly when due all premiums for such insurance. The amounts of such insurance required by the Mortgagee ore expressive of only the minimum amounts for which said insuranKe 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 co-insurance requirements contained in sold policies to the end that said Mortgagor is rat a•co-insuror thereunder. Insurance shall be written by o company or companies approved by the Morfgogee and all policies and renewals thereof shall be held by the Mortgagee. All detailed designations by the Mortgagor which are aaepted 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 o part of this mortgage agreement as fully as though set forth verbatim herein and shall govern both parties hereto and their successor and assigns. No lien upon any of said policies of insurance or upon any refund or return premium which may be payable on the cancellation or termination thereof, shall be given to other than the Mort- gagee, except by proper endorsement affixed to such policy and approved by Mortgagee. Each policy of insuranxe shall hove affixed thereto a Standard Mortgagee Clouse acceptable to the Morfgogee, making all loss or losses under such policy payable to the Mortgagee os its interest may appear. In the event any sum or wms of money become payable thereunder the Mortgagee shall have the option to receive and apply the same on account of the indebtedness hereby secured, or to permit the Mortgagor to receive and use if, or any part thertof, without thereby waiving or impairing any equity, lien or right under and by virtue of this mortgage. In event of bss 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 some is not made promptly by the Mortgagor. In event of foreclosure ~of this mortgage or other transfer of title to the mortgaged property in extinguishment of the indebtedness secured hereby, alt right, title and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. Upon any default thereof, the Mortgagee may (but without obligation on its port so to do) place insurance on such buildings and pay the premium and charge such sums so paid to the Mortgagor and such sums of money so paid shall bear interest ~ from the date of payment at the rate of 15 . 48X per annum. FOURTH: That all sums of money paid or caused to be paid by the Morfgogee under the terms of this mortgage and herein specifxally provided for, and including-any expenses incurred by the Mortgagee in collection of the sum secured by this mortgagt, shall be covered by the lien of this mortgage, the some as the sums of money represented by the note which this mortgage secures. fIFiH: To permit, commit or suffer ra waste, impairment or deterioration of said 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 immediate repair of said buildings, or an irxreose in the amount of security, or the immediate repayment of the debt hereby secured, and the failure of the Mortgagor fo comply with sold demand of the Morfgogee for a period of fifteen (15) days shall constitute o breach of this mortgage, and, at the option of the Mortgagee, immediately mature the entire unpaid principal and interest hereby secured, and the Mortgagee may, without ratite, institute proceedings to foreclose this mortgage, and apply for the appointment of a receiver, as hereinafter provided. SIXTH: That the Mortgagor hereby promises, covenants and agrees to pay the sums of money and interest os mentioned in sold promissory raft, together with any and all other sums justly due and owing the Morfgogee by the terms therein, and secured to be paid as stated therein promptly when due. IF default shat: be mode in the payment of the said sums of money or any port thereof as provided in the said note or this mortgage, or if the intere:t that may become due thereon or any port thereof shall be in default and unpaid for o space of fifteen (1S) days, or should the Mortgagor breach or foil to comply with any other covenant or egreement on the part of the Mortgagor to be complied with (in those cases in which the option of the Mortgagee of otcelero- w ~ lion is not otherwise expressly provided herein) and such breach or non-compliance continue in existence for a space of fifteen (15) days, then and from thenceforth, at the option of the Mortgagee and without ratite to the Mortgagor, the whole of said principal sum expressed in said note, together with all other sums therein os well os herein provided tor, shall become immediately due and payable, without ratite to the said Mortgagor. SEVENTH: That in lase it should become necessary fo place this mortgage and the note secured hereby or either of them, 4 in the hands of on attorney for collection, the sold Mortgagor covenants and agrees with the Mortgagee to pay all costs, charges and expenses of such collection, including reasonable attorney's fees whether collected by foreclosure or otherwise. EIGHTH: That, in the event any suit is brought upon this mortgage, whether to Foreclose it, to reform it, or otherwise, or.d• or to enforce payment of any claim hereunder, the Morfgogee may apply to any Court hoeing jurisdiction thereoF for the appointment of a receiver of said mortgaged property, as well os the income, profits, issues and revenues thereof, and the sold 8oox ~~0 P~~E 1i~0