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HomeMy WebLinkAbout1747 • • .7 ~ leader to the 'Mortgagee in aeoord e~.w of tl~e notE assisted hereby, lull payment of the satire indebtedness represented t~y~ ~ Mo trtntee, ahau, ip computing rho iunount of aucl~ indebtedness, credit to the account o e or~ga~or y credit balance remaining under the provisions oC (a) of said Z. If there shall be a default -under any of the provisions of this mortgage e+esultiag is a public sale of the premiss covered hereby, or it the Mortgagee acquu+es the property otherwise attet default, the Mortgagee, as trustee, shaft apply, at the time of .the coinrnencement of such procr~edings or st ~ tt?a time the property is otherwise acquired, the amount theq reuia' to credit of Mortgagor under of paragraph, Z preoedmg v • credit on the interest accrued sad unpaid and t1?e balance to the principal then remaining uapa~d on said note. ~ , 4. He will pq al! tatoes, assessments, water n?ta, sad other ~veramenW ae muaiaipai charges, 'tines, at impositions„ tar which provision bas not been made hsreinbetare, and is detwlt t!?ee~eot tbs ~Iatpges mqr psry the same; and that bs wW, proanpyy deliver the o~loial receipts theretar to the Maetgsgsa. !f. Hs will permit, commit, or sager no waste, impaiimeat, oe deterioration ot.aid propt~r a thereof concept reasooabk wear and tear and In tbs event at tbs failure at tbs M to keep the b~ an ai~ premises sad those to be erecte~ on said prem3sea, ae impeovargeats thereon, is good repair the Mortpges ms~y maloe such repairs as is its discretion it mar deem neoeraq for the peg peestrvatioo thereo~ and the full amount of rash sad every such payment shall bs due and psUraWs thirt,~ dabs aates* demand, and shall bs seonred b0? the lion of this mostgage. . a. He will pay aII sad singular the scats, and expenses, including reasonable Lwyer's fees, sad costs of abdraets of title, Iaenrr+ed oc paid at any time ~~atgagee because a[ ihs iailurs oa the part of the Matgsgor promptly and fu1fy to perform the agreements sad ooveaants of aid premisaory note and this. aanndd acid oats, oharga, sad expenses shall be immediately due end payable and shall bs secured by the lieaa~mortgsga 7. Ne wdl continuous~j maintain hsssrd insurance, of such type or types and amounts as Mortgagee may from time to time require, on the improvements now as he:+eattsr on saidd ~mn~es~ and escept whoa payment foI sU wch premiums has theretofore been made Hader ~(a of pangnF6 ~Lereof Ls will pay promp~y whm due any premiums therefor. All insurance shall bs carried is oompaases approved M agee sad tb ties sad naewab thereo! shall be Mo ~ e~gctauses ° Poli- aad inform acce table to the h~ rt$agee and have attached thereto loos payable is favor of p "~a event of loss he will give immediate notice by mail to Mortgagee, sad Mortgages may make,prooi o i~ not made promptly by Mortgagor, sad each iasurancs company concerned is herob authorised and directed to make payment for ouch bee directly to Mo ~sgeemstead of to Mortgagor sad Mortgages jointly, and .the iasuraaee proceeds, or any part thereof may be app - plied by Mori gages at its option either tot a reduction of the indebtedness hereby secured or to tihe reston4on or the property danuged In event of foreclosure of this mortgage or other transfer of title to the mortgaged ~ and toman~ nsgun~p tlicies~theam fo~~sha~ll p~ hereby; a~r~to tl~aa~d•interest of the Mortgagor 8. if the ppremises, or any part thereof, be condemned under the power of eminent domain, or acquired for a public use, the damages awarded, tl~e proceeds for tl?e takingg of, or the consideration (or sucl~ acquisition, to the extent of the full amount of the remaining unpaid indebtedness secured by this mortgage, are hereb~• assigned to the Mortgagee, and leis Heirs or assigns, and shall be paid forthwith to said ~tortgagec or lus assignee to be applied on acrowat of the last matunnK installments of such indebtedness; provired, I?owever, the ~1ort~ee or has assignee, may at his discretion pay direct 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 o[ said pay r~ient. 9• The Mortgagee may, at any time pending a suit upon this mortgage, apply to the court having jurisdiction thereof for the appointment of a r+cceiver, sad such court shall forthwith appoint a receiver of the premises covered hereby all add 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 hsbendum cLuses hereof. $uch appointment shall be made by ouch court as an admitted equity and a matter of absolute right to aid Mortgagee, sad without reference to the adequacy or inadequacy of the value ~ the property mortgaged or to the solvency or insolvency of said Mortgagor or the defendaata. $uch r+clnts, Profits. income, issues, and revenues shall be applied Syr wch seoeiver according to the lien of this mortgage sad the practice of such court. In the event of any default on the pit of the Mortgagor hereunder, the Mortgagor agrees to pay to the Mo on demand as a reasonable monthly rental for the premises an amount at least equivalent to one-twelfth 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 E not covered by the aforesaid monthly payments. 10. In the event of say bzeac6 of this mortgage or default on the part of the Mortgagors or in the event that say of said sums of money herein referred to be not promptly sad fully paid according to the tenor hereof, or in the event that each sad every the stipulations, agreements, conditions, end oovenaats of said note and this mortgage, are ~ ~Y. PromPUY, sad t~Y performed; then in either or any such event, the said aggregate sum mentioned in said note then remaining unpid, with interest accrued to that time, and all moneys secured hereby, shall become due sad payable forthwith, or thereafter, at the option of said Mortgagee, sa fully sad completely as if all of the said sums of money were originally stipulated to be paid on ouch daY, ~Y~~d in said note or in this mortgage to the contrary notwithstanding; sad 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- tion. The Mortgagee may foreclo®e this mortgage, as to the amount so declared due sad payable, sad the said peennisea shall be sold to satisfy and pay the same together with costa, expenses, and allowaaeea. In case of partial 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 sad unpaid. In such case the provisions of this paragraph may again be availed of thereafter from time to time by the Mortgagee. 11. No waiver of any ooveasnt 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 Iien ~ this instrument shall remain in full force and effect during any postponement or extension of the time of payment of the indebtedness or any part thereof secured hereby. 1:3. If the Mortgagor default in any of the covenants or agreements contained herein, or in said note, then the Mortgagee rosy perform the same, sad all expenditures (including reasonable attorney's fees) made by the Mortgagee in so don shall drew interest at the refs provided for in the principal indebtedness, and shall be repayable thirty (30~ days after demand, and, together with interest and costs accrued thereon, shall be secured by ~ this mortgage. € 14. Upon the request o! the Mortgagee the Mortgagor shall execute and deliver a supplemental note or notes fort a aura or sums advanced Dy the Mortgagee for the alteration, modernisation, improvement, main- tenance, of repair of said premises, for taxes or assessments against the same and for any other purpose author- ized hereunder. Said note or notes shall be secured hereby on a parity with and as fully as ii the advance evidenced thereby were included in the note first described above. Said snppleraental note or notes shall bear interest at the refs provided !or in the principal indebtedness and shalt be syable in appproximately equal monthly pa meats for such period ss may be agreed upon by the creditor end debtor. Failing to agree on the maturity, the whole of the sum or sums so advanced shall be due end pay able thirty (30) days suer demand by the creditor. Ia no event shall the maturity extend beyond the ultimate natwity of the note first described above. a f,~" :~lr ..~~1 ?A~