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HomeMy WebLinkAbout2393 t tender to the :Noi•t~agee in accordance with the proviaiorits of tl?e note secured herefaj•, full pa~•ment of the entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in computing the amount of such indebtedness, credit to the account of ilia tifortgaRor any credit balance remaining under the provisions of (a) of said paragraph 2. ' It there shall be a default under any of the provisions of this utortga~e resulting in a public sale of the premises rnvered hereby, or it the Mortgagee acyuirea the property otherwise abet default, the Mortgagee, as trustee, shall apply, at the time of the couunencernent of such proceedings or at the time the property is otherwise acquired, the amount then rentainin~~ to credit of Mortgagor under (a) of paragraph 2 preceding as a credit on the interest accrued and unpaid and tl?e balance to the principal titan rerttairting unpaid on said note. 4. He will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines, otr impoeitiona, for which provision bas not been made hereinbefore, and in default thereof the Mortgagee may pay the same; r?nd that he will promptly deliver the official receipts therefor to the Mortgagee. 5. He will permit, commit, or softer no waste, impairment, or deterioration of said property or any part thereof, e:Dept reasonable wear and tear; and in the event of the failure of the Mortgagor to keep the buildings on said premises and those to be 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 such payment shall be due and payable thirty (30) days after demand, and shall be secured by the lien of this mortgage. 6. He will pay all and singular the poets, charges, and expenses, including reasonable lawyer's fees, and poets of abstracts of title, incurred or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor promptly and fully to perform the agreements and covenants of said promissory note and this mortgage, and said costa, charges, and expenses shall be immediately due and payable and shall be secured by the lien of this mortgage. 7. He will continuously maintain hazard insurance, of such type or types and amounts ss Mortgagee may from time to time require, on the improvements now or hereafter on said premises, and except when payment for all such premiums has theretofore been made under (a) of paragraph 2 hereof he will pay promptlyy when due any premiums therefor. All insurance shall be carried in companies approved by 111ortgaaggee and the poli- cies and renewals thereof shall be held by Mortgagee and have attached thereto loss payable clause8 in favor of and in form acceptable to the Mortgagee. In event of loss he will give immediate notice by mail to Mortgagee, and Mortgagee may make proof of Loss if not made promptly by Mortgagor, and each insurance company concerned is harsh authorized and duected to make payment for such loss directly to Mortgagee instead of to :4ortgagor and Mortgagee ointlyy, and the insurance proceeds, or any part thereof, may be applied by Mori gages at its option either to t~e reduction of the indebtedness hereby secured or to the restoration or repair of the property dammed. In event of foreclosure of this mortgage, or other transfer of title to the mortgaged 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 puss to the purchaser or grantee. R. If tJu• premisi•s, or un~• part thereof, be rundennu•<I under the power of eminent domain, or acquired for _ a public use. the damages uw~arded, the prorrcds for the taking of, ar the consideration for sucL arc3uisition, to the extent of the full amount of the rnmaining unpaid indebtcdni•ss aerated br this niortKage, are hereb~- ussigned to the ltortgaKee, and his heirs ur assigns, and shall be paid fortliw•ith to said \tortRagee or his assignee to },e apt?lied on account of the last tnaturiug installments of such indebtedness; pro~•ided, how•e~er, the ~IortKagc•e• ur his usciKnet , uiu~- at his discn•tion pu~• direct to the ~IortKagor, his baits ur uscigns am• part or all o! such u~~•ard; prowled, that if the loan is guaranteed or insun•d, the consent of the guarantor or insurer is obtained in advance of said parnteut. J. 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, and such court shall forthwith appoint a receiver of the premises covered hereby all and singular, including all and singular the income, profits, 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 in the granting and habendum clauses hereof. Such appointment shall b° made by such court as as admitted equity and a matter of absolute right to said Mortgagee, and without reference to the~adequacy or inadequsolfef the value of the property mortgaged or to the solvency or insolvency of said Mortgagor or t5e defendants. , fiudi rents, profits, income, issues, and revenues shall be applied by such receiver according to the lien of this mortgage and the practice of such court. In the event of any default on the part of the Mortgagor hereunder, the Mortgagor f agrees to pay to the Mortgagee on demand as s reasonable monthly rental for the premises an amount at least ~ equivalent to one-twelfth (y(z) of the aggregate of the twelve monthly installments payable in the then current year plus the actual amount of the annual taxes, assessments, water rates, and insurance premiums for such year not covered by the aforesaid monthly payments. 10. In the event of any breach of this mortgage or default on the part of the Mortgagor; or in the event that any of said soma of money herein referred to be not promptly and fully paid according to the tenor hereof, or in the ~ event that each and every the stipulations, agreements, conditions, and covenants of said note and this mortgage, j are not duly, promptly, and fully performed; then in either or any such event, the said aggregate sum mentioned in said note then remaining unpaid, with interest accrued to that time, and all moneys secured hereby, shall become due and payable forthwith, or thereafter, at the option of said Mortgagee, as fully and completely its if all of the said sums of money were originally stipulated to be paid on such day, anything in said note or in this mortgage to the contrary notwithstanding; and thereupon or thereafter, at the option of said Mortgagee, without notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured hereby had matured prior to its institu- lion. The Mortgagee may foreclose this mortgage, as to the amount so declared due and payable, and the said premises shall be sold to satisfy and pay the same together with costa, expenses, and allowances. In case of partial l 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 and unpaid. In such case the provisions of Chia paragraph .may again be availed of thereafter from time to time by the Mortgagee. 11 • No waiver of any covenant herein or of the obligation secured hereby shall st any time thereafter be held to be a waiver of the terms hereof os of the note secured hereby. 12. The lien of this instrument shall remain in full force and effect during any postponement or extension of l the time of payment of the indebtedness or say part thereof secured hereby. i 1:3. If the Mortgagor default in any of the eovenanta or agreements contained herein, or in said note, then the Mortgagee may perform the same, and all expenditures (including reasonable attorney's fees) made by the Mortgagee 3 in so doing shall draw interest at the rate provided for in the principal indebtedness, and shall be repay able thirty (30) days after demand, and, together with interest and costs accrued thereon, shall be secured by this mortgage. 14. Upon the request of the Mortgagee the Mortgagor shall execute and deliver a supplemental note or notes for the sum or sums advanced by the Sortgagee for the alteration, modernization, improvement, m~in- tenance, or repair of said premises, for taxes or asaesstnents against the same and for aa~ other purpose author- ized hereunder. Said note or notes shall be secured hereby on a parity with and as Tully as if the advance evidenced thereby were included in the note first described above. Said supplemental note or notes shall bear interest at the me provided for in the principal indebtedness and shall be ayable in approximately equal monthly pa manta for such period ss may 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 pa~•able thirty (30) days after demand by the creditor. In no event shall the maturity extend beyond the ultimate tiaturity of the note first described above. 3~1r?K,,~1 PaGE~~~