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HomeMy WebLinkAbout2738 • 4. To permit, commit or suffer no waste, impairment or deterioration of said property or any part thereof. S. To pay all and singular the costs, charges and expenses, including reasonable tawyei s fees and cost of abstracts of tide. incurred or paid at any time by said Mortgagee because and/or in the event .of the failure on the part of the said Mortgagor to duly, promptly and fully perform, discharge, execute, effect, complete, comply with and abide by each and every the stipulations, agreements. conditions and covenants of said promissory note, and this mortgage, any or either, and said costs, charges and expenses, each and every, shall be immediately due and payable. whether or not there be notice, de- mand, attempt to collect or suit pending; and the full amount of each and every such payment shall bear interest from the date thereof until paid at the rate of ten per centum per annum; and all said costs, charges and expenses so incurred or paid, together with such interest, shall be secured by the lien of this mortgage. 6. That(a) in the event ofany breach of this mortgage or default on the part of the)?iortgagor, or (b) in the event any of said sums of money herein referred to be not promptly and fully paid within ten days next after the same severally become due and payable, without demand or notice, or (c) in the event each and every the stipulation, agreements. conditions and covenants of said promissory note and this mortgage, any or either,are not duly, promptly and fully performed, discharges, executed, effected, completed. complied with and abided by, then, in either or any such event, the said aggregate sum mentioned in said promissory note thrn remaining unpaid. with interest accrued and all moneys secured hereby, shall become due and payable forthwith, or thereafter, at the option o[said Mortgagee. as fully and completely as ifall of the said sums of money weer originally stipulated to be paid on such day, anything in said promissory note, and/or in this mortgage to the contrary notwithstanding; and thereupon or thereafter at the option of said J1lortgagee, without notice or demand. suit. at law or inequity, theretofore. or thereafter begun, may be prosecuted as if all moneys secured hereby had matured prior to its institution. 7. That in the event that at the beginning of or at any time pending any suit upon this mortgage, or to foreclose it. or to reform it. and/or to enforce payment ofany claims hereunder, said iitortgagee shall apply to the court having jurisdiction thereof for the appointment of a Receiver, such court shall forthwith appoint a Receiver of said mortgaged property all and singular, including all and singular the rents. 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 habendttm louses hereof, and such Receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a Receiver, and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said Mortgagee, and without reference to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said Mortgagor and/or of the defendants, and that such rents, profits. income, issues and revenues shall be applied by such Receiver according to the lien and/or equity of said I?tortgagee and the practice of such court. 8. In the event the jurisdiction of the U.S. District Court shall be invoked by or against the Mortgagor under any of the provisions of the Federal Bankruptcy Act. such action, whether voluntary or involuntary on the part of the I?lortgagor, shall automatically, without notice, accelerate the maturity of all sums of money herein described and secured and. the same shall, thereupon become due and payable forthwith as fully as if the said aggregate sums of money were originally stipulated - to be paid on such date. 9. To deliver to said Mortgagee on or before !?iarch 1 S th of each year. tax receipts evidencing the payment of all lawfully imposed taxes for tha preceding calendar year, and to deliver to said hortgagee, receipts evidencing the payment of all liens for public improvements within ninety (90) days after the same shall become due and payable, and to pay or discharge within ninety (90) days after due date, any and all governmental levies that may be made on the mortgaged property, on this iortgage or Note, or in any other way resulting from the Mortgage indebtedness secured by this 1liortgage; and if this condition be not complied with and performed, said Mortgagee rreay pay suchsum or sums which shall become part of the debt secured by this ~tort- compliedwith and performed, said Mortgagee may pay such sum or sums which shall become part of the debt secured by this Mort- .gageand shall bear interest at the default rate provided in said Promissory Note payable monthly until paid or said Mortgagee may elect that said Mortgage debt thereupon become due and payable forthwith. 10. If all or any part of the property or an interest therein is sold or transferred by Mortgagagor without iltortgagee s - prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage. (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise or descent, or by operation of law upon the death ofa joint tenant, or(dj thegrant of any leasehold interest of three years or less not containing an option to purchase, Dlortga- gee may, at its option. declare all the sums secured by this Mortgage to be immediately due and payable, Iitortgagee shalt have waived such option to accelerate if, prior to the sale or transfer, Mortgagee acid the person to whom the property is to be sold or transferred reach agreement in writing that the creditofsuch person is satisfactory to titortgagee and that the interest payable on the sums secured by this mortgage shall be at such rate as Mortgagee shall request. 11. That in the event the premises hereby mortgaged, or any part thereof, shall be condemned and taken for public use • under the power of eminent domain, the Dortgagee shall have the right to demand that all damages awarded for the taking of or damages to said premises shall be paid to the Mortgagee up to the amount then unpaid on this Mortgage and at the option of the Mortgagee may be applied upon the payments last payable thereon. 12. The Mortgagor hinds himself not to erect or permit to be erected any new buildings on the premises herein mortgaged or to add to or permit to be added to any of the existing improvements thereon or make any changes or alterations in said improvements which materially change the sa me or the use thereof, wi shout the written consent of the :~lortgagre, and in the event ofany violation orattempt to violate this stipulation, this 1ltortgage and all sums secured hereby shall immediatelyhrcome dueand collectible at the option of the 6tortgagce. 13. It is specifically agreed that time is of the essence of this Iltorti;age and that no waiver of any obligation hereunder or of the obligation secured hereby shall at any time be held to be a waiver of the terms hereof or of the instrument secured hereby. 14. If foreclosure proceedings of any second mortgage or second trust dyed orrny junior lien of anv kind sha?~ld br irstituted the 111ortgagcr may, at its option, immediately or thereafter declare this Dortgage and the indebtedness secured herrhy dae and payable forthwith, and may at its option proceed to foreclose this mortgage. 1 S. To the extent ofthe indebtedness ofthe 1liortgagor tothe htorti;agee drscribrdherein oroecured he rehy- the dlurtgagrr is hereby subrogatrd to the lien or liens and to the rights of the owners and holders thereof of each and rvrn• mortgage lien c,r other encumbrance on the land described herein which is paid and/or satisfied in whole or in part out of the proceeds of the loan des- Bribed herein or secured hereby and the respective liens of said Stortgagrs, liens or other rncurabr.~nces shall be and the same and each of-them hereby is preserved and shall pass to and br held by the Mortgagee herein as security for the inclrbtrclnr:: to the Mortgagee herein described or hereby secured, to the same extent that it would have been preserved and would have born p.used toand been held by the Mortgagee had it barn duly and regularly assigned, transferred, set over and delivered unto the ~1~rti;agre by separate deed of assignment notwithstanding the fact that the same mad be satisfied and cancetlyd ofrecord, it being the intention of the parties hereto that the same will be satisfied and cancrNed of record by the holders thereof at or shout the time of the recording of this biortgagr. - i g~~ ~'3 p~ 2~2? •