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HomeMy WebLinkAbout1435 ~ : Said promissory note wss given to secure a loan in which the Small Bwineu Administration, an agency o[ the Uaited States 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. 101.1(d) this instrument is to be construed and enforced in accord- ance with applicable Federal law. 1. The mortgagor oovwanq and agrees a• follows: a He will promptly pay the indebtedness evidenced by said promissory note at the times and in the manner therein provided. 6. 8e will pay aU fazes, assessments, water rates, and other governmental or municipal charges, fines, or impositions, for which pravisioa has not bees made hereinbefore, and will promptly deliver the official eeceipts therefor to the said mortgagee. c. He will pay such ezpcnses and fen w 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 sale, or court proccedings, or in any other litigation or proceeding aHceting said property. Attorneys' tees reaaonabl? incurred in anv other wav shall be paid by the moriRaRor. d. For better eecurily of the indebtedneaa hereby secured, upon the request of the mortgagee, its successors or assigns, he shall execute and deliver a supplemental mortgage or mortgages covering any additions, improvements, or betterments made to the property hereinabove described and all property- acquired by it after the date hereof (all in form satisfactory to mortgagee). Furthermore, should mortgagor fail to cure any default in the payment of a prior or inferior encumbrance on the property described h.• this instrument, mortgagor hereby agrees to permit mortgagee to cure such default, but mortgagee is not obligated to do so; and such advances shall become,pa~t of the, itadebt~daess aecared by this instrument, subject to the same terms and conditions. ~ - - . - e. The rights created by this conveyance al}all rgrnaht in Lull force and effect during any poatpm:emrnt or extension of the time of the payment of'the igcjelKedaesstevid+enced by said sson• note or am• part thereof secured hereby. - - - - He will continuowly maintain haurd insurance, of such type or types and in such amounts as the t mortgagee may from time to time require on the improvements now or hereafter on :aid properly-, and 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 by mortgagee and have attached thereto leas 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 if not made promptly by mortgagor, and each insurance company concerned is hereby authorised and directed to make payment for such loos directly to mortgagee instead of to mortgagor and mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by mortgagee at its option either to the reduction of the indebtedness hereby aecared or to the restoration or repair of the property damaged or destroyed. In event of foreclosure of thin f mortgage, or other transfer of title to said property in extinguishment of the indebtedness secured hereby, all j right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the purchaser or mortgagee or, at the option of the mortgagee, tnay be surrendered for a refund. ~ g. He will keep all buildings and other improvements on said property- in hood repair and condition: will permit, commit, or au6er no waste, impairment, deterioration of said property or any- part thereo[; in the event of failure of the mortgagor to keep the buildings on said premises and those erected on said premises, or improvements thereon, in good repair, the mortgagee may make such repairs as in its discretion it may deem necessary for the proper preservation thereof; and the full amount of each and every- sncl~ payment shall be immediately due and payable; and shall be secured b. the lien of this mortgage. k. He will not voluntarily create or permit to be created against the property subject to this mortgage any lien or liens inferior or superior to the lien of this mortgage without the written consent of the mortgagee; and further, that he will keep and maintain the sane free from the claim of all persons supplying lalwr or materials for construction of any and all buildings or improvements now being erected or to he erected ou said premises. i. He will not rent or assign any- part of the rent of said mortgaged property- or demolish, or remo~ e, or substantially alter anv building without the written consent n[ the mortgagee. j. All awards of damages in connection with any condemnation for public use of or injury to any- of the property subject to thin mortgage are hereby assigned and shall be paid to mortgagee, who may- apply the i same to payment of the installments last due under said note, and mortgagee is hereby authorized, in the name of the mortgagor, to execute and deliver valid acyaittancea thereof and to appeal from any such aH•ard. k. The mortgagee shall have the right to inspect the mortgaged premise,. at any- reasonable 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 a right 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 profile accruing after default ae eecnrity for the indebtedness aecared hereby, with the ri~tht to enter upon said property for the purpose of collecting such rents and profits. This instrument shall operate ae an assignment of any rentals on said property to that extent. ~~~x 32a~ x.433 SBn FORM 928 '2-731