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HomeMy WebLinkAbout1991 • 4. That. m OrdN to protecl mat fully tM sacunty o) tMa mortgage. ttN Mortgagor tOpelMr wan and +n add+UOn to. the mpntnty payments under tt,e terms o} the. note secured l+srsby. On tIN spatrl,ed Rayment data of each month until tM sad note +s furry pad w+tl pay to the Assx+st+on the Iotbw+np sums Ial An ++1sbYmsnt d tM ta><as aril atsassmtnts lev+sd a b tit lev+ad against tM prem+ses covered W thn mortgage. and an +nstaltmsnt of tnr Wemrum or pem+ums that Mrr11 DecorM clue aril payable to raMw tM inwrante ort the pemrses covered Mreby against ties by hie. and w+ndstam. as povdsd fa by paragraph 3 pacedup. or such other hazard as mar nasonably be raqu+rad by tM Assocratron. and an instsnmtt?+t of the prsm+um that w,n betane dw and PaytWN ~ ?anaw tM morepaga urstrnnce. d any Such insbuments shalt be equal. retpecuvely to oM•twelttn I1 ~ 121n1 of eM es- timated pramnrm W premwms fp such inwrante. end texas and assassmants neat due las esumate•f by the Assocutanl less aIt instaomenis already pad tMrahlr. drvdad by the number d months that art to elapM ors month pr+W to the date when such pem+um or prem,ums and bees and asttessmsnts wrM becorr?a dakrpuent TM Afsocratron. while applytrr,g such payments to inwrance premwms rues and assessments. before the same betOnN dehrgwnt. shad rat pay ,ntaraat t0 tM Matpapor on such lards. toil all such payments may be comm+ngted by the Assocratron w+th any other such lands or Math ,ts own lands Tfy funds an pledged as add+tanal secur+ty fa foe sums secured by tn+s Mortgage end a-e sJyect to use by tf+s Assocntan in wyment Of '"lab eMrgati' and bank tollectan entrees Ibl All paYmMts mentarNd in the pecednp wbsectan Of tMS paragraph and at! paYmenlS to Ae made under the raro secured hereby she!! be added togQther and the aggregate amount thereof snau ba pad by tM Matpapa each n,ontn ,n a s+ngle payment to be applied by the Assoc+auon to tr+e folbw+ng items m tM order sat forth 1 Tasss. assessments. and inwnnce pemwms 2 late charges and Dank eateee+on charges. unless pad :n manner provided in DaragraDh 4 lal 3 Imenst on tM rata secured hereby 4 Amorurauon of the w+rK'pal of sad note Any dehc+artty m the amount of such sgyregate monthly payments shall. unless pad by the Matgayor pier to the due date d the ne¦t wch payment. con- sutute an event of delauk order the mortgage Without waiver of arty right. the Assoc+atan mar collect a late charge" as provided in the Note S T~,at +f tM total of the payryranb made by the Mortgage under b) of paragraph 4 pecad+ng sfylt exceed the amount of payments actually made by the Assocratron fa to¦es and assessments and nsunnc4pemwms. as tM use may bs. wch a.tees Shalt bs credited by the Assoc+ahon on wbsequent payments to be made by the Mortgagor. II, ftov+revar: the monthly payments made by tM Matpspor under la! of paragraph 4 preceding shall not nave been wff+c,ent to pay taxes and assessments and ntturante premwms. as t1N use may ba. when the same ens!! become due and payable. then. the Assoaat+on may. st its op• t+on. +mmed+atrtly pay such bees and assessments and ,nwrsnce prem,um. and the Mortgage shat! pay to the Assocratron any amount necessary to make uD the def+c+er,tyr. ar,d such payment shall bf due and payable w+tMn tMrty 1301 days aher the date of ma+hng of nonce by tt+e Assoc+at+On setting forth the amoum of such defrcrer,tyr If, at any Drne- tM Mortpapor Shall tender to tM Assocrstan. in accatfar,ce w+tn the pov+sans of the note secured herobY too payment of the enure +rdebtednass represented Mreby. the Assocntan shall. m compuunp the amount of such +ndebtedness credit to the account of tot Mortgagor any balance remarn,ng ,n the funds accumulated under tM provri+Ons o1 la) of paragraph 4 6 To permit. comm+t a wfler rq wash. rmparrmsnt a detn+aatan of sad pOparty. a snY wit thereof. and upon the fa+ture of the Mortgagor to keep the bu+td+ngs on sad ppperty ,n good tortd+tan Ot repair aril rnainteMnte. the AiaOtratrpn may demand wOper mamronance aril tl+! rmmed+ate repa+r Of Sad bu+tdrngs. or an ,ncrease m the amount of setunty. or the +mmed+ate repayment of tf+e debt hereby secured and [tee fa+t~•s o! the Mortgagor to comply with sad demand d the Assowtan for a pared of tMrty 130) days shall pen}t+tute a Dresch of tMS mortgage. and at the opt+on of the Assoaatan +mmedrately mature the entire amount of pr,rtt,pal and interest hereby secured. and the Assoc+atan rmmedwtely and wahout not+ce may msu[ute proceed+r:gs to fo!eclose inn mortgage and apply for the apppntment of s racs,ver. as I+ers+naher provdsd. and rn case of the refuse! neglect or +nab+I+ry of the Mortgagor to repa+r and maintain sad property. the Assocratan maY• at its opt+On. make such reps+rs a cause the same to be made. and advance moneys rn that belief} 7 T~ perform. comply w+th and able by lath and every the strputatans. agreements. cOr+drt+Ons and covenants .n Sa+d Womnsary note and tMS mortgage set forth 8 TO comply W+th the wbdmsrort nitrrttanf and [he munrtrpal Zorunp ord,nances ipplrcibl! to the narlgaged property. not to erect or permit to be Erected any new bu+td+ngs on the premrsK hera~n mortpsgsd or to add to or pertn+t to De added to. mate a perma to be made. any structural etterat+ons to any of the a¦- +sung improvements thereon w+thout the Mrtrtten consent of the Assoc+stron. and m the evem of any v+o+at+on or attempt to v+aate these st+pulat+Ons- or any of them. th+s mortgage and all sums secured hereby Shat! immediately become due and payable at the Defeo of the Association g That in case of a default in any Of the brmt of tMS mortgage an0 the hbnp Of s bu to foreclose tMS or any Diner mortgage encumbering ltve w+iMn dexnbed - property, Inc ASSOtNirOn shall be entitled to apply. at any time MnthOUt nOtite periling wen fOreclowre su+t. to the court hawng tunsdicUOn thereof fa the ap" pointment Of a receiver Of all and yngtrlar tfM mortgaged prppertY• and Of al! the rents incomes- prohtS iiSUes aril re+enue5 thereof. !rom whatsoever SOlrrte derived. and. tMreupon- +f rS hereby sapressty covenanted aril agreed roar the court snag fathwrtn appoint a rece+ver of sad mortgaged property. aIt and s+ngu!ar and of such rents. +ntOmeS. prpfi!s. rsiue5 and revenues thereof, from whatsoever source derived wdh the uwal powers andduties of rece+vers m like cases. and wen appdntment shall be made by such court as a matter of strict npht to the Assouauon_ and without reference to the adequacy or inadequacy of me value of the property hereby mortgaged. a to the SplvenOy a insolvency of the Mortgagor- and that such rents protas +ncomes sues and revenues shat! De applied by such rece+ver t0 the payment of the mortgage indebtedness. costs and charges. accord+ng to Ne order of such court 10 That in the event the prem+SeS hereby mortgagtd. or any part thereof- SnaO be cpndemrved and taken under the rower of em+nent dome n the ASSOCiai+On shat! nave the rgnt to demand that alt damages awarded for the taking of pr +nlury to sad prem+Ses snap be paid to the Assoc+atwn +ts wccessors o+ assigns. up to the amount then ur+pad on th+s mortgage. and may be applied to any sums last payable hereunder 1 1 That time +s of the essence of this contract and that no waiver of any oDhgatan Hereunder O+ Of the UD'~gat+on sewre0 hereby shat! at any time thereafter be held to be a waiver of the terms hereof Or of the promissory note secured Hereby 12 to the event of any default in any of the terms of tMS mortgage or m the note secured Hereby. and accNeranon by the ho'der o+ any other situation that would reuse the +nterest pad rx payattae order tMS oW+gat+or+ to exceed the interest rate sut?+or+red by +aw then in such event a+i e.cess interest theretofore paid she+' ne credited to pr+ntipal and a" accrued and ahead eracess +nterest shall abate and shalt not be an ob'igation or the maker o+ of any other cerson 13 That to the a.tent of the indebtedness of the Mortgage to the Assoc!stan dexnbed herein o+ secured Hereby. the Associauan +s Hereby wWogated to the Men or hens and to [ne reghts of the owner and Ialder thereof of each aYd every rtartpaf}e. lien w other encumbrance on the rand Cexnlxd herein- which +s pad aril sausf+ed. in whole or rn part. out of t1N poceeds of the loan dexribed Herein a secured hereby ar:d the respective bens of sa+d mortgages. liens orbther en" cumbrances. shall be. and the same and oath Of them hereby rs preserved end shalt pass to and be held by the Assoaation herein as security for the in- debtedness to the Associatan herein dexnbed or"hereby secured. to the same a:tent that it would have been preserved and world nave been passed to and been He'd by the Associat+on had +t been duty and regularly assigned. transferred. set over. and dehve+ed unto the Assocratron by separate deed o! ass+gnment. notwrthstarding the fact that tfte same may be satisfied and cancelled of record. +t being the intention of the parties Hereto that the same w+!+ be tenet+ed and ~ canceoed o} record by the holders the+eof at or about the time of the record+r+g o! tn+s mortgage 14 Tnat d any of the sums of money f»re,n referred to be Trot Dromptiy and fully pad witMn tn+rty 1301 days ner<t aher the same severe+lv become due and payable. Or d carte and every Lfte SUpulatiOnS. apreemsntS. COndit+on5 and Wvlnant5 O} Sad promissory note and IhiS mortgage Or caner are not duly performed. tom" plied with aril aD+ded by. the iggrsgab win unpaid under Sad promrsSOry note and th+s mortgage sna++ become due and payable /orthwith Or thereafter. at the option Of the ASSOCiatiOn- as fully and cOmpiebfY at d sad apprepat! sum of money wero.png~nai+y stipu+ated to De pa+d Un such day. anylMng m Said promissory note or Herein to the contrary notwitnstar+d+ng [ 15 That m order to accelerate the maturity of the +ndebtedness hereby secured because of the fa++ure of the Mortgagor to pay any ta. assessment liabday ob`+ga i non or encumbrance uron said woDertY as heroin provded. rt she!! hat be necessary no+ requ+srte that the Assx~auon sna+' f+rst Day the same 16 - That the abstract or abstracts of tale covering the mortgaged property she!! at all times during the life o' to+s mortgage. Tema+n +n the Dossess+On o} the Assoc+atan and in event of the forectowre of tMS mo+tgsge. or other transfer of titre to the mortgaged procertr 'n e¦t+r•gu~shment of the ~ndebtndness secured hereby aTl rght tiYe and interest of the Mortgagor in and to any wch abstracts of ripe shat pass to the purchaser or grantee 17 Sfautd the vabdrry Or hen of this mortgage. pr the rate secured thereby. be contested W !+t+gation or omerwse the Mortgagor agrees to aay to the Association the cost o! defending the same intiuding a reasonable attorne?s fee 18 To DaY all and vngutar the costs. charges and expenses includ+ng attorney's fees reasonably intuited or paid at any rime Hy tt+o Assoc+ation because of the failure of the Mortgagor to periprm. comply w+[h and able by each and every the snp,tations agreements. cn:~ditions ann covenants of said p.omnso•y note and tn~s mortgage. a either. and every such le¦cept (or the payment of rho monthly metaliment as requ+rerf by the Promiswry Note! she!! bear +nterest from date at the rdte of eighteen per cent ii8''<i) per annum until Iuiry paid . 19 The Assoc+at+on shall have the r+ght at any trine and from time to time and wittaut notice to or consent of any person to +ai re:ease any portion of the premises (rom the hen of this mortgage. Ib) .elease any person batik for payment of any indebtedness secured he=eby_ ic+ a.tend the Pine of payment or a,ter the terms of payment Of al! Or any part Of the +ndebtedness. w+Thout affecting Or releasing [fte perSOnal liab+titY of any person lidWe lother than any person released pur- suant heretol for the pigment of any win Or inrore5t secured hereby and wtttaut in any w+se altennp varying o• d~mm+shmg the tortes. effects. Or hen Of this mortgage on alI the prem+5e5 not specifically released from the hen of ton mortgage by the Associat:m 20 Arty agreement hereafter made by Mortgagor and Assoc+ation pursuant to this mrtgage sna!+ be superior to the ngr+ts of the hordes o! any ,nterveniny hen or . encumbrance 21 upon request o1 Mortgagor, the AsSOCiatiOn msY at its tote Optart. hom time to time before full payment of a'! mdeDtedness secured hereby. make further ad" vances to Mortgagor. prtmded. However, that the tots! princ+ps+ sec Wed hereby and remaining unpaid mdud[ng any such advances. sna~t not at any time e: teed tl+e dr+ginal pnntipat sum Secured frereby Mortgagor Shall pay ail such further advances with +nterest and the same Shall De securM hereby All prOwS+Ons - Of ihn mortgage steal! apply to ealfl+ further advance as well as to alb other indebtedness secured Hereby NO!h+ng Here+n Con!a: red However. Steal! bmi: the amount Secured by this mortgage d wch amount is irttressed by advances made try the Assoc+at+on. as herein elsewhere provided for to protect the security 22 In the event the Mortgagor heron. or any wbsequeM Mortgagor. or any person or corporation owning any intere~r wnatsoevw snook: enci,mhor Tne property tierein mortgaged by an mStrUrnent commonly rlfpreA t0 aril kriown as a WraD-arOUn[1 m0•tgage w+tnnVt brsi nbidin~ng Trio wnttan Ansent Of the A550Cia- hOn then. at the option of the Associatan. the pblrgatan seta+ed by this Mortgage shat immerfiateW Irerome d:,e and payable - 23 To provde the Assocrahon w+th Flood Insurance Coverage if the real Crpperty +s nrnv or he•eafte* Rerormmerf to r>a within a sCe[+at fntxf narard area as Shown on Flood Harard Boundary MaprFlood Inwrance Rate Map as pufr~shed by the Federa~ Inca*ance ArTm~mst•ation 24 At the request of the Mortgagor. tfte Assxiat+on apnea to orator tM pror+sans of paragnpH 4 re+at+ve to tfie creation of a here+d inwrance account. provided. hpyvever. that the Assot+atrOn rebms tM npht. at its pptign, to n-+nsbte such ponsans of sad paragraph 4 as an obtipatiOn of [tie Mortgagor hereunder upon the happen+ng of arty of tfM folwwing A Failure to make arty payment raqurrad under tM tams of tM rate on or before the due date thereof B Failure to comply Moth tM inwnnu prov+s+ons of panpnph 3. or of env of the other terms and condrtans of th+s mortgage or note. o+ with the +nwrante regUirement5 COnbir+ed m the Dacleratan Of Condomm+um and rNa;fed documents SHOUId the mortgaged property De commrtled to COndpmirnum devebprrtent cc~-tvt-n Ao.~K.3~Q T/P-A v P~!GE,1 ~~Q ~V Mt~A 47 •