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HomeMy WebLinkAbout0050 cumbrances, except as provided herein; that the Mortgagor will take such further action as is necessary to perfect the fee simple title to the Land in the Mortgagee, as may reasonably be required; and, that the Mortgagor does hereby fully warrant the title to the Land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if the Mortgagor shall pay to the Mortgagee, the Note, a copy of which is attached hereto and made a part hereof as Exhibit A, and shall perform and comply with every stipulation, provision and condition of the Note and of this Mortgage and shall pay all taxes which may accrue on the Land and all costs and expenses which the Mortgagee may be put to in collecting the Note in foreclosure of this Mortgage or otherwise, including reasonable attorneys' fees, this Mortgage and the estate created by it shall cease and be null and void. And the Mortgagor hereby jointly and severally covenants and agrees to and with the Mortgagee as follows 1. To pay all and singular the principal and interest and other sums of money payable by virtue of the Note and this Mortgage, or either, prompt- ly on the days the same become due and payable . 2. To pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nature and kind now on the Land, and/or that hereafter may be imposed, suffered, placed, levied or assessed thereupon, and/or that hereafter may be levied or assessed upon this Mort- gage and/or the indebtedness secured hereby, each and every, as and when due and payable, and insofar as any thereof is of record the same shall be promptly satisfied and discharged of record and the original official document - (e.g., the tax receipt or the satisfaction paper officially endorsed or certified) shall be delivered to the Mortgagee -within ten days next after payment. Mortgagee may at any time pay the same without waiving or affecting the option to foreclose or _any right hereunder, and such payments shall be added a • L 1_ t ~L 1i~~_ io ine principal Laiaii~e ul u~c ivu~~. 3. To pay all and singular the costs, charges and expenses, including attorneys' fees, whether or not suit is brought, reasonably incurred or paid at any time by the Mortgagee, including attorneys' fees in the event of an appeal by either party, because of the failure on the part of the Mortgagor to perform, comply with and abide by each and every of the stipulations, agree- ' merits, conditions and covenants of the Note and this Mortgage, or either. i 4. To keep the buildings now or hereafter situate on the Land and all personal property used in the operation thereof continuously insured against loss by fire and such other hazards as may from time to time be requested by e the Mortgagee for a sum not less than the HIGHEST INSURABLE VALUE, in a company or companies to be approved by and acceptable to the Mortgagee; and all insurance policies shall contain the standard mortgagee clause making the loss under said policies payable, without contribution, to the Mortgagee as its interest may appear, and each and every such policy shall be promptly deUvered to and held by the Mortgagee. Not less than ten (10) days in advance of the expiration of each policy, the Mortgagor shall deliver to the Mortgagee a renewal thereof, together with a receipt for the premium for such renewal, and no such policy may be terminated without ten (10) days prior written notice to the Mortgagee . In the event that the Mortgagor fails to obtain and pay for the insurance policy or policies required hereunder, the Mortgagee may place and pay for such insurance or any part thereof without waiving or affecting the option to foreclose or any right hereunder. In the event any sum of money becomes .payable under such policy or policies, the z. 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 it or any part thereof for other purposes, without thereby waiving or impairing any equity, lien or rfght under or by virtue of this Mortgage. All payments so made by the Mortgagee shall be due and payable with interest at the maximum rate permitted by law and shall be secured by the lien of this Mortgage. 5. To keep the Land and the buildings and improvements now or here- after "situate thereon in good order and repair, and to permit, commit or suffer no waste, impairment or deterioration of the Land or any part thereof . -2- 3 BG4K PAGE cJll