HomeMy WebLinkAbout1960 tender to the ~Morti;at;c•e in ace•urdance with the pru~•isic?us of the nutc• bc•currd Lrrc•i,v, full pa~•n?ent of the.
entire indebtedness repn•sented thereby, the \fortl;aKee, as trustee, sl?all, in c•on?putii?K the unwwU of such
indebtedness, credit to the arcuunt of ti?e ~1urt ?al;or ant• c•r?•dit balance n•u?ainir?g wulcr the provisions of (a)
of said paraKrap}? 'l. If there shall be a defau~t under any of the provwious of this u?ortga~e resulting in a
public sale of the pren?isc•s covered hereby, or if the tilurtgaKc•e acquires the property otherwise after default,
the Morlgage~, as trustee, shall apply, at the tune of the cwiunencement of such proceedings or at tl?e tinu~
the property is otherwise acquired, the amount then rc•niaininR to cn•dit of \1ortKal;o~ under (a) of paragraph 2
precedinK as a credit un thc• interest accrued and wipaid and the balauee to t}ie principal then reniaininK wipaiel
on >said note.
4. He will pay dl taxes, asaesameats, water rates, and other governmental or municipal charges, 5nes, or
impositions, for which provision has sot been made hereinbefore, and in default thereof the Mortgagee may pay the
name; and that he will promptly deliver the ollicial 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 oa said premises, or improvements thereon, in good repair, the Mortgagee ts,ay
make such repairs as in its discretion it may deem necessary for the proper preservation 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 sad singular the coats, charges, and eapensea, 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 this mortgage, and said
costs, charges, and expenses shall be immediately due and payable and shall be secured by the lien of this mortgage:
7. Ile will continuously maintain hazard insurance, of such type or types and amounts as Mortgagee may
from time co time require, on the improvements now or hereafter on said premises, and except when payment
for all such premiums has theretofore been made under (s) of paragraph 2 hereof, he will pay promptlyy when
due any premiums therefor. All insurance shall be carried in compamea approved by Mortgagee and the poli-
ces and renewals thereof shnll be held by ~rlorigagee and have attached thereto loss payable clauses in favor of
and in lorm acceptable to the Mortgagee. In event of loss fie will give immediate notice by mail to Mortgagee,
and Mortgagee may make proof of Ions if not made promptly by Mortgagor, and each insurance company
concerned is 6ereb authorized and duetted to make payment for each loss directly to ;`lortgsgee instead of
to Mortgagor and ~sortgagee )ointly, and the insurance proceeds, or any part thereof, may be applied by hiortr
gages at its option either to the reduction of the indebtedness hereby secured or to the restoretion or repair of
the property dammed. In event of foreclosure of this mortgage, or other transfer of title to the mortgaged
property rn extinguishment of the indebtedness secured hereby, all right, title, and interest of the Mortgagor
in and to any insurance policies then in [ores shall pass to the purchaser or grantee.
If the prcn?isc•, or un~- part thcrc?~f, be c•ondeuuicvl under the pnwe•r of t•ininr•r~t don?run, or uc~quircd for
a public use, tl?c dan?aKc•s aw~ardwl, thc• proceeds for the takink of, or Ihr eonsidcrution for cosh urrluisitiun, to
the extent of the full anu,ur?t of the rcn?aininK .unpaid indchtcrlnc•.~ cecur,•d h~- thy- n?c?rtKaKc•, arc hcrc•h~-
ussikned to the ~1ortKagr•c, cud his boils ur a>sit;i: anal ~l?all he paid forthwith to sold J}ortgugr•c• or his
BaSlKriee to I,t• applied on account of the lux ~:uiturii?~ iuaalluu•i?ts of sur•h nulcl?tcrlncss: provided, hoo•evcr
the ~lortt;agcc or 1?is :is.~iKncr, n?uc ut his discretion pay- dir?•ct to th?• ~lortt;aqur. Lis heirs or assigns ur?v part
ur all of such award: pi•ovuli•d, that if th?• to;u? is ku:u:uiter•d .?r insur?•d, tl?c consent of the E•uarantur or insurer
is obtained in advance of .aid pu~nu•ut.
The lriorigagee 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 revenues from whatever source
derived, each and every of which, it being expressly understood, is hereby mortga cif ~~i6~a~,}r sit f9.rth an~
described in the granting and habendum clauses hereof. Such appointment shall t>e r• Ch toilet a~~qqn ache
equity and a matter of absolute right to said Mortgagee, and without reference Lo f'ftei$nc~''bt'fBXdiacli
the value of the property mortgaged or to the solvency or insolvency „f said MME~a~orrcytr L',d'defendante:~"Stfbli
rents, profits, income, issues, and revenues shall tSe applied by such mceiver according to the lien of this mortgage
ar~d the practice of such court. In the event of ary default on the part of the Mortgagor hereunder, the Mortgagor
agrees to pay to the Mortgagee on demand as a reasonable monthly rental for the premises an amount at least
equivalent to.one-twelfth ('/1z) of the aggregate of the twelve monthly installments payable ,n the then current
year plus the actual amount of the annual taxes, assessment~9, water rates, and insurance premiums for such year
f not covered by the aforesaid monthly payu~ents.
lU. In the event of say b-each of this mortgage or default on the part of the Mortgagor; 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
event that each and every the stipulations, agreements, conditions, and covenants of said note and this mortgage,
are not duly, promptly, and fully performed; then in either or an_y such event. the said aggregate sum mentioneri
in said note then remaining unpaid, with interest accrued to that time, and all moneys cured hereby, shall become
due and payable forthwith, or thereafter, st tt:e option of c•+id :~iortgagc:c, sg fully arcs complPtety as if all of the
said sums of money were originally stipulated to be paid on such day, an~•thing in Qa.d note nr -n this mortgage to
the contrary notwithstanding; and thereupon or thereafter, at the option of said hiorigagee, without notice or
demand, suit st. !nw ~r in equity, may be prr~ecutcd ag if all moneys secured hereby had matured prior to it~g institu-
tion. The lortgagee msy foreclose this mortQuRe, ag to tl:e amount tin declared d?:e and payable, and the sand
premises shall t,e sold to satisfy and pa~• the same together with costs, expense:, and allowances. In case of partial
foreclosure of this mortgage, the mortgaged premises shall he sold subject to the continuing lien of this mortgage
for the amount of the debt not then due and unpairl. In such case the pmvisions of this paragraph may again be
availed of thereafter (mm time to time by the Mortgagee.
1 1. No waiver of any covenant herein or of the obligation secured hereby shall xt any time thereafter t,e held
to be a waiver of the terms hereof or of the note secured hereby.
1'~. The lien of this instrument shall remain is full force and effect during any postponement or extension of
the time of payment of the indebtedness or any part thereof secured hereby.
If the 14origagor default in any of the covenants or agrcement4 ~nntained hemin. or in said note, than the
Mortgagee may perform the same, and all expenditures (including reasonable attarn~y'4 ie? Qi mar~r• by the :~fortQaRee
:n w? doing shall draw interest at the rate provided fur :n the principal m~ir•htr•rtn~..: and shall be repa~•ahle
thirty l3t?) da}•s after demand. and, together with interest nerd cost accnrr•d •t?~F'W,n, shell be sr•c~?rcd by
~ this mgrtgagc
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i ~ {??,c~n the request ~~f the lfortgaer•e tt?e ~iortgaenr hail r•~~cn~F and •l?'~•~~ * s ,?innlcmcr.t.:! nntP •,r
not~•s t~~r the sum or sums advanced Dv the ~IortQal;ce for tt?e alterahnn. mudr•rniz~hon, imq?rr,vcm~r,c. ma,n-
tenance, or repair of said premises, for tsx?~s or as.~cSSments aKa?nst the ~amc an<1 f:?r i+nv other purpo,e author-
?zed hereunder. Said note or notes shall be secured hereby on a parity with and as fully as i( the advance
a 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 shall be avah:e in a proximately equal
monthly payments for such period as ma_v he agreed upon by the creditor and debtor Failing to agree on the
maturity. tjie whole of the a?~rri nr g~tmg h gdvgn(`nrl chgll 1;n L1LJC nnu '~o.ot'1.^ itiii::i ~3t%i i&~G aftPi iif•ii"ihini
by the creditor. In no event shall the maturity extend beyond the ultima~e r,at.urity .,f the note fine
described above.
:',x 327 P~ 195