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HomeMy WebLinkAbout0151 . !r tender to the 7lurtgul;c•c• in ac•curduuc•e with the pru~•isiuns i,f the ni,tc secured hcrch~•, full pa~~urent of the entire indebtedness represented thcreb~•, thc• \lortgagee, as trustee, sl?all, in courputurt; the amount of suc•lr indebtedness, ~•redi/ to the account of tyre hlorlgel;or aayt credit balance retuaininl; under the pru~-isions of la) of said paragraph 2. If there shall be ~ default unties any of tl:e provisions of this nrortKaKc• resulting in a public sale of lire prenr~,es covered hereby, or if the Mortgagee ac•yutres the prulxrty otherwtse after default, • the :Mortgagee, as trustee, shall apply, at the time of the couuuencement of such proceediuKs or at the tine the property ig otherwise acyutred, the aurount then reuraininK to credit of Mortgagor under (a) of paragraph 2 preceding as a credit ou the mtt•rest accrued and unpaid and the balance to the pru?cipal then re•urau?urg unpaid on said note. 4. He wiU pay all taxes,' sasesaments, mater rates, and other governmental or municipal charges, fines, or impositions, for which provision has not been made hereinbefore, and in default thereof the Mortgagee may pay the " same; and that he will promptly deliver the official receipts therefor to the Mortgagee. 5. He will permit, commit, or suffer no waste, impairment, or deterioration of said property or any part thereof, except 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 pt-eacrvation 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 costa, charges, and expenses, including reasonable lawyer's fees, and costs 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 thiamortgage, and said costs, charges, and expenses shall be immediately due and payable and shall be secured by the lien of this mortgage. 7. He will continuously maintain'$ttszard insurance, of such type or types and amounts as :~~lortgagee may from time to time require, on the improvements now or hereafter :,n said premises, and except when payment for all such premiums has theretofc?re been made under (a) of paragraph 2 hereof, he will pay promptly when due any premtums therefor. All insurance shall be carried in companies approved by Mortgagee and tLe poli- cies and renewals thei•eoT shall be held by :1ortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the Mortgagee. In event of loss 6e will give immediate notice by mail to I~fortgagee, and Mortgagee may make proof of loss if not made promptly by Mortgagor, and each insurance company concerned is 6ereb authorized and duetted to make payment for such loss duectly co 4lortgagee instead of to ;Mortgagor and Mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by Mort- gagee at its option either to the reduction of the indebtedniess hereby secwed or to the restoration or repair of the property damaged. In event of foreclosure of this mortgage or other transfer of title to the mortgaged property in extinguishment of the indebtedness secured hereby, s~l right, title, and inter.~t of the Mortgagor to and to any insurance policies then ire force shall pRSS to the purchaser or grantee. R. If the preniisr•;, or un~- part thereof, be condenuu•d under the power of cvninrnt rlunuun, ur ar•cluirr•d fur a public use, thc• dunruKes aw~arclc•d, thc• pmr•recls for the tukiuK of; or the consideration for su~•ir uryuisition, to the extent of the full amount of the renruinink unpaid indehtwlnc•s serun•cl h~• this nrortgaKe, arc, herrb~- ussil;ne<I to the ~tortKat;ee, and his hcin or „ssil;us, aucl shall Lc puicl forthwith to said ~fortkagcc or his aasiKnee to be applied on account of the lust nuitunnr installuu•nts of such indebtedness; pro~•idcd, Lo~~•c•~-c•r, the ~1ortKut;ee ur I, is assignee, Wray crt Iris discretion pub- direct tr, the ~1ort~~akor, Iris heirs or assigns unr part or all of such u~card: provided. that if the Ic,:ur i. }~uar:urteed or insun•d, the consent of the Kuurantr?r or i~r.un•r is ol?tuinecf in advance of ~riid pu~-nu•nr. The tilortgagee 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 revF_ n es fmm w~iate - derived, each and every of which, it being expressly understood, is hereby mortgaged' ~ ~ t~ described in the granting and habendum clauses heneof. Such appointment shall 6e made equity and a matter of absolute right to said Mortgagee, and without reference to th~~' dt'9fia f'= '~'a~' the value of the property mortgaged or to the solvency or insolvency of said Mortgagor or the defendants. Such 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 14tortgagor agrees to pay to the Mortgagee nn demand as a reasonable monthly rental for the premises an amount at least equivalent ro one-twelfth (iif 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. ttl. In the event of any beach of this mortgage or default on the part of the iVlortgagor; or in the event that any of said sums of money herein referred to be not promptly and fully paid according to the tenor hereof, or in the ! evcnL that each and every the SLnp::latio:.s, agPPt'IIiCutS, wnditiou3, hnd COVPLiiLt3 of 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, and all moneys secured hereby, shall t,ccome due and payable forthwith, or thereafter, at the option of said ~lortga¢ee. ag fully and completely a.9 if xll ~f the said sums o[ money were originally stipulated Lo be pawl on such day, snythinq in said note or in this mortgage to tt a contrary notwithstanding; and thereupon or thereafter, at the option of said ~tortgagee, without notice or demand, suit at law or in equity, may ire prosecuted as if sill moneys secured hereby had matured prior Ln its institu- tion. The ~lortgagc•e may foreclo,e this mortgage, as to the amount so declamd due and payable, snd the said premises sh:.ll i,e sold to satisfy and p:.y the same together with casts, expenses, and allowances. In case of partial fomclosurc• of this mortgage, the mortgaged premises shall he sold subject to the continiiinq lien of this mortgage for tae amount of the debt not th~•n due and unpaid. In such case the provisions of this paragraph may again be availed of thereafter from time to time l,y the `tort.gagee. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held io he a waiver of the terms hereof or of the note secured hereby. ' The lien of this instniment 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 ~ereby- 1 If the Mortgagor default in any of the covenants or sgrcementa contained herein. or in said note, then the Mortgagee may perform the same, and all expenditures (including reasonable attorney's fees) made by the AlortgaRee ~ in so doinK shall draw interest xt the rate pro~-ided for .n the pnnc?pul indehtedncsc, and shall he repa~•ahle thirty f3f) i chi's after drniarnt. and, toKether wiih interest anri costs accnred thereon, shall he secured by this mortgage. 1'rx,n tirc+ rPquegt .,f the Liortt?ag,•e the \inrtl:agor shall execute, anri deliver a supplemental nnt.• or notc•c for the sum •.,r sums ad~•anc•ed rw file ~tortgaKre for the alteretron, modernization, unpmvement. marn- tenance, or mparr of said premises, for taxes or a.4.~essments against the camp anri tnr e.ny other purpose author- ized hereunder. Said note or notes shall be secured hereby on a parity with and as fully as if the advance evidenced thereby were included in the note first described above. Said supplemental note or notes shall bear interest at the rate provided for in the principal indebtedness and slisll t,e payable in approximately equal monthly pa menu for such period as may be agreed upon by the creditor and debtor. Failing to agree on the ~ maturity, the whole of the sum or sums so advanced shnll be due and pa},able thirty (3(1) days after demand by the creditor. In no event shall the maturity extend beyond the ultimate maturity of the note first • described above. I BOftA(~~ PAGE .y