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HomeMy WebLinkAbout1441 ~ ~ ~~.t i Said protniswry note was given to secure a loan in which the Small Business Administration, an agency of the United 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 instrumcnt is to be construed and enforced in aceord- ance with applicable Federal 4w. 1. The mortgagor ouvenants and agrees u follows: s. 8e will promptly pay the indebtednew evidenced by said promissory note at the times sad is the manner therein provided. 6. He will pay all taxes, assasmeats, water rates, and other governmental or municipal charges, Snes, or impositions, for which pravisioa hu not bees made herrinbefore, and will promptly deliver the official receipts .therefor to the said mortgagee. c. He will pay such expenses and fees a. 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 rnurt proceedings, or in any other litigation or proceeding agecting said property. Attorneys' fees reasonably incurred in anv other wav shall be paid by the mortgagor. _ d. For better security of the indebtedness hereby secured, upon the request of the mortgagee, its suceeasoni or assigns, he shall execute and deliver a supplemental mortgage or mortgages covering an.• additions, improvements, or betterments made to the property hereinabo~•e described and all property acquired by it after the date hereof fall in form satisfactory to mortgagee) . Furtl~ern~ore, ahoulcl mortgagor 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 clefault, but mortgagee is not obligated to do ao; and such advances shall become part of the indebtedness secured by this instrument, subject to the name terms and conditions. e. The rights created by this conveyance shall remain itt (yl~.[gFce dud effect durin~t auk puetpw:emrnt or extension of the time o[ the payment of the inBP.KIec~ri~`se evdencecl'~M Raid promiRROry note or any part thereof secured hereby. He will continuously maintain hasard insurance, ~;•py~ch type oc types sad in such amounts as the mortgagee may from time to time require on the improvements now or hereafter on said property, 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 loss payable clauses in favor of and in form acceptable to the mortgagee. In event of loan, mortgagor will give immediate notice in writing to mortgagee, and mortgagee may make proof of loea if not made promptly by mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to mortgagee instead of to mortgagor and mortgagee jointly, and the insurance proceeds, or any i 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 any insurance policies then in force shall peas to the f purchaser or mortgagee or, at the option of the mortgagee, may be surrendered for a retard. g. He will keep all buildings and other improvements on said properly in good repair and condition: g will permit, commit, or euHer no waste, impairment, deterioration of said property or an.• part thereof; 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 ever~• such payment shall be immediately due and payable; and shall be secured by the lien of thin mortgage. h. He will not voluntarily create or permit to be created against the property subject to this mortgage any lien or liens in[erior or superior to the lien of this mortgage without the written consent of the mortgagee; and ~ further, that he will keep and maintain the same free from the claim of all persons supplying labor or materials for construction of any and all buildings or improvements now being erected or to he erected on said premises. i. He will not rent or assign any part of the rent of said mortgaged propertc or demolish. or remove. - or substantially alter an~• huilding without the written consent of the mortgagee. t j. All awards of damages in connection with any condemnation for public use of or injury to any of the property subject to this mortgage are hereby assigned and shall be paid to mortgagee, who may apply the ~ same to payment of the installments last due under said note, and mortgagee iR hereb~• authorized, in the name of the mortgagor, to execute and deliver ~•alid acquittances thereof and to appeal from an~• Ruch aN•ard. k. The mortgagee shall have the right to inspect the mortgaged premiRer at am 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's 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 F default, the mortgagee shall become the owner of all of the rents and profits accruing after de[sult as security for the indebtedness secured hereby. with the rittht to eater upon said property for the purpose of collecting such rents and pro6ta. This instrument shall operate ad an assignment of any rentals on said property to that extent. sox 3~ PasE 143 - f SBA FO R~.~ 928 (2-731