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HomeMy WebLinkAbout2807 c ? +rr ~ i C ~ tender to the 'Mortgagee in aocors)onc~ witle the; provisionu of ~tlte note secured ;yen y, lull payment of fife eatare ind~btedneea represented thc:ebv, the Mortgagee; as trustee, shall, in computing the amount of such indebtedness, credit to tl~e account of the Mortgagor any credit balance remaining under tl~e provisions of (a) of said ph 2. If there shall be a de!su t ~snder any of the provisions of this utortga~+ resulting in a public sale o the premises covered hereby; or it the Mortgagee acquires the property otl~erwne after default, - the Mortgagee, a, trustee, shall apply, at the lima of the canmeneYment of such proceedings or at Use time the property rs otherwise acquired, the =!roui~t then remaining to credit of Mortgagor under (a) of psragraph•2 prectdiag as a credit on the interest accrued and unpaid sad t ~e balance to the principal then reenaintng uapatd on said note. 4. He will pay ail ta~oee„ aeeaeacec±a- water rates, and other ~overnmeatal of municipal ehargrs, Hoes, ot: impoeiLions, for which proq?~ioa has not been made hereiabefose, and m default thereof the Mort~ee may pay.the same; and that hs will prompt~• deliver the oBSciai reosipts therefor to the Mart~sa 5. He will permit, comsat, or euQer no_Tr~~u~ue~~ or deterioration of said property oe any part thereof except reasonable wear and teat• and in t~~lss shat %T tbs f ore of the Mortg~sgor to keep the buildings on sai~ premises and those to bs erecte~ on said premises, or impe+ovemenh tbeteon; in good repair the Mortgagee may make such repairs as is its discretion it may deem neoeesaty for the proper pteaLrvsttoa thereof, and the full amount of each and. every sash payment shall be due A:.,: payable thirty (30) da~rs after demand, and shall be secured bjr - . the lien oI this mortpse. - - H. He will pay at! r~sd singular the oasts, e:lhaegea, sad expwses„ including reaeoaabie Lwyar's fees, sad cosh of abstra~ota of titb, incurred or paid at aqy time 6y ttbhee Mortgagee because of the failurs.on the part of the M~rtg,~go~ P~PdY sad fury to pedorm the agreements sad ooveasats-of said pt+omissory note sad this. mortgage, and slid costs, charges; and expenses shall be immediately due and payable and shall be secured by the lien of thin mortgpgs, T. He will oontinuoua~j maintain hasard i~uraace, of scch type or types and amouah as Mortgagee may from tiros to time require, oa the-iriuprovemeate_ now or hereafter on said premises and except when payment for all such premiums has theretofore bean made under ~(s of paragraFh 2 hereof ~e will pal Promptly when - due any premiums tLesrefor. All insurance shall be carried in compsates spprove~ by 1?io tgag~e and the poli- cies sad renewals thereof shall beheld by Mortgagee and hs~e attached thereto k~es payable eCauses in favor of sad is corm acceptable to the Mort~ag In event of loss he will give immediate notice by mail to Mortgages, and Mortgagee may make.proof~ of r~ if not made promptly by Mortgagor, and each insurance company ooneerned is- hereb authoruied end directed to make payment for such loss directly to Mortgages instead of to Mortgagor sad Mortgagee jointly, and the insurance proceeds, or any part thereof may be applied by.Mort• gages at its option either to a reduction fli the indebtedness hereby secru+ed or to t~e restoration or repair of the property damaHed In event of foreclosure of this mortgage or other transfer of title to the mortgaged property-sit extiagutshment of the indebtedness secured hereby, a~l right, dt1e, and interest of the Mortgagor • rn and to any insurance policies then in force shall pass to the purchaser or grantee. 8. If the premises, or any part thereof, be coudemi~ed under the power of eminent donram, or acquired for a public use, fife damages awarded, the prexreels for the taking of, or the consideration for such acquisition, to the ectent of the full amount of the ren~sining unpaid indebtedness se~e•ured by this mortgage, arc hereb~• assigned to the Mortgagee, and his Heirs or assiKus, and shall )x' paid [orthwith to said tiiortgagee or his _ assignee to~be applied on account of the last mnturinK installments of such indebtedness; provided, however, the Mortgagee or his assignee, may at his discretion pay d'vec•t to the Mortgagor, his heirs or assigns any part or all of such_ awanl; provided; that if the loan is guaranteed or insured, the consent of the guarantor or insurer is obtained in advance of said payment. _ - 9. The Mortgagee may, at any time pending a suit upon this mortgage, apply to the court having jurisdiction thereof for the appointment of s receiver. and such court shall forthwith appoint a receiver of the premises covered - hereby all and singular, including all sad aiaguhu the income, profits, issues, -sad 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 be mttde.by such ooh scan adngitted : . equity end a matter of absolute right to said Mortgagee, and without reference to t$e. ear. the value of the roperty mortgaged or to the solver or inaolvenc of said Mo ~ ~ ~ P cY Y rtgagor or tie dgfe~daats. Such rents, Profits, income, issues, and revenues shall lfe 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 r agrees to pay to the Mortgagee on demand as s reasonable monthly rental for the premises an amount at least equivalent'to one-twe;Eth (yfs) of the aggregate of the twelve monthly installments payable in the then cun+eat year Plus the actual amount of the annual taxes, asees®enh, water rates, and insurance premiums foe such year_ not owered by the aforesaid monthly payments. 10. In the event of say breach of thin mortgage or default on the part of the Mortgagor! or is the event that any of said soma of money herein referred to be not promptly and fully paid acco to the tenor hereof, or in tha event that each and every the stipulations, agreements, eoneletions, and oovenanta said note and this mortgage, 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, sad all moneys secured hereby, shall become due sad payable forthwith, or thereafter, at the option of said Mortgagce, as fully-sad completely as it 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; sad thereupon or thereafter; at the -option of said Mortgagee, without notice x demand, suit at law or in equity, may be~ prosecuted as if all moneys secured hereby had matured prior to its institu- tion. The Mortgagee may foreclose this mortgage, sa to-the amount b declared due sad payable, and the said premises shall be sold to satisfy and pay the acme together with costa„ expeaaes, and albwances. In case of partial foreclosure of this mortgage, the mortgag.~d premises shall be saki subject to the ooatinuing lien of this mortgage for the amount of the debt not then due and unpaid. In sash cane the provisions of this 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 at any time thereafter be held - to be a waiver of the terms hereof or of the note secured hereby. 12. The lira of this instrument e>'aU remain in full force and e8ect during soy postponement or extension of - the time of payment of the indebtedness or any part thereof secured hereby. • 13. If the Mortgagor default in any of the covenants or note, then the ~ agreemenh contained herein or in said ~ • Mortgagee may perform the eaate, and all expeaclitures (including reasonable attorney's fees) made by the Mortgagee . in so doing shall draw interest at the me provided for in ?he principal indebtedness, and shall be repayable this mein) days alter demand, and, together with interest and costs accrued thereon, shall be secured by ~ rtBsBs• - _ 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 t e Mortgagee for the alteration, modernization, improvement, main- tenance, or repair of said-premises, for taxes or assessments against the same and for any other purpose author- ised hereunder. Said note or notes shall be secured hereby on a parity with and as fully as tf the advance evidenced thereby were included in the note first described shove. Said s~tppiementai note of-notes shall bear - intereat at the rate provided for is-the principal indebtedness ant:-shall l,e payable in proximately equal monthly pa ents for such period as may be agreed upon by the creditor and debtor. F ' to agree on the maturity, the whole of the sum or sums so advanced-shall bs due and payable thirty (30) days after demand by the creditor. In ao event shall. the- maturity extend beyond the ultia?ate maturity of the note first described above. B " 32~ ru~~~_ 3 eaox 319 P~ 795 A. w_-