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HomeMy WebLinkAbout0082 - I 4• That. in ceder to pout more hralr tM saeurity d the mtrrtgsge. tM Mortgage. togethe. Wrth aril in sddrhon to. the monthly payments under tM terms o! tM rota eettered Mreby. on tM apeGfied paymMt date d rich monM until tM sad nori is fuaY pad. wilt pay to tM Association tM Idbwrng wms bl An enataamMt d tM rises aril assessttrants Nv+ed a to be Nvrad against tM pem,MS covered by the mottgage. and an rnstaurnent of tM pemrum . a pemwms that wia Oatorrta dw anQ payable to raryw tM msuranq on tM primuss cowrad hereby igi,nst ties by f,n, aria w,ndstorm. as pov,dW Mr by pMagtaph 3 peoadreg. a wilt other ftazard as may reasonably M repwnd by tM Assouitan. and an installment of tM Dremrum tMt w,11 tectonic dw and payatlN to rMtanr tM mortgage rnNrranq. it any. Such rnataNmanri shah M epuil, respxbvely. to orie-twNhh 11.12tM of tM es• united psmwm or prarrwtems for such rrqurartte. and tiaaa and assessments neat dw Ices estrrrtated by tM Association? kss cell instauments already pad tl+eeefa. drtrided by tM number d month ttiat an to elapse once month prpr to tM data whM such psmwm a pem.ums and cases and assassn?arlri wra betonta thMrrpuant. Thor Aisocratron. whN applying such payments to inwrarrte pemiums. es¦es and assessments belee tM satire beCOnN deMnpWnl eltaN not tMY mtMeat tO tM Mortgagor on such funds. and all twch payments may W tommrrigled by tM Assocutron with my othM such funds a with iri own lands. TM lards are pledged a addrtanal security for tM wms secured br the Metgage and an wt>fea to use by tM Association rn payment d "4te CMrges" and battle ColNttrpn cMrges (b1 AN paymMri merttiOrNd in tM ptetedrq subMttan d the plragreDh arid as paymMts to be made under tM rari sxured hereby she!! lte added ' togetMr and tM aggregate amount tMnol shah M pad by tM Mortgage each month in a single payment to be applied by tM Association to tM Idbwieq rtertfe n tM order Nt forlA 1 Ta:es. assessmenri. and rnsurante pemwms 2 "late cnargei and bank cWlxtan cfurges. unless moil ,n minrter provded in paggrtlph ! bl 3. Interest on tM nos sxurtW hereby a AeartiiitrOn of tM peril+pil of sad note Any deficrertty in tM amount d such aggregate monthly payments shah. unless pad try fhb Mortgage pre to the due date d the rte:t such payment. con- stituri an evert d defauh under tM matgsga Without waiver d any right. tM Assoaatan may coiled a 'late charge-- ss povrded in the Nots S TM? it tM total of 1M peymartri made by tM Mortpaga under (al d paggrsph 4 pecedirp ttliall ercteed tM amount d WYmtnts xtwtty made by tM Assocation for taws and a»earrNnri and iMUranCe pemwms. q tM taw may be. such elltess shill be uedted by tM Associstan on wbseQtrent payments to be made by tM Morpaga. If,ltovvever. tM monthly wymenri made br tM Mortgage under Ise of paragraph 4 peced+ng alias not haw clean wfircreret to pay piss and asseasntents Mil irytrrartte pemrums. as tM case may be. wMn lM same ahaU becorrre due and payable. then. tM Associaton maV• el its op tan, rmmedrately pay such to:ace artd asNflmants arW +MUranq psmwm, and tM Mptgagp shall pay to tM Assocutan shy amount necessary to make up the dslrcrency. end such payment sAaN ba dw and PeYabN wtthn they 1301 days slice tM data d mailing of notice fry tM Assocutan setting forth tM amoum of such defit:rMtty. I/. at any lima, tM Mortgage sMN tertWr to tM Assocratrot+. in attedanee with tM povisans of tM note secwed hereby. full payment of the entire irdebtednesa repespr?tW hxeby. tM Association sMN. m oomputrfrg tM amount of such rrdebtedness. credit to tM xcount of the Mortgagor any balarrn remauwng in tM funds accvrttulated under tM poviaions d cal d paragraph 4. 8 To genial. comnut o. moiler rto waste. rmparrment a deterteatron d said property. or any part thereof. and upon the failure d tM Mortgagor to keep ene twddings on sad popeAy in good condition a repair and maintenanq. tM Assocution may demand proper maintensrite and tM rmmed+ate +et`ax d sad bU+Idinga. a sn increase in tM amount d eecurrty. o< tM rmmedrari repaymMt of tM debt Mreby secured, aril tM fs,It:•,e of tM Moregsge to comply vwih sad demand d tM Association for a pehod d thuty 1301 days sMN constdute a beach of the mortgage. and. at tM option of tM Assoc+stan. immedratehr mature tM entire amount d principal and interest Mreby seared end tM Asaotiatan immediately end without nonce may itnutute pocesd+ngs to feeNOSe the mortgage end apply for tM appointment d a reteever, as hlreiMher povrdsd. and m case of tM refusal. neglect or inability of tM Mortgagor to repair and mainum sad poperty. tM Assosatron may. at its option. nab such repairs or cause tM sarr+e to be made, and advance moneys m that behalf. 7. To per/orm. comply weth and abde by exh and wary tM stipu4trorts. agrMmenri. cortditans and cownints m sad pomissory note and this mortgage set forth 8 To comply with tM wbdmsron restrietioer and tM murteeepal zoning pdinances applicable to tM rr+ortpiged popery. roe to erect a permit to t?s erected any new quitdrregs an tM premgea Mreire mortgaged or to add to a pemrt to be added to. make a permd to bs made. any structure! .lterstans to any d tM e><- iatuq rmproventenri tMteon without tlee wrmpt a>nsent d tM Assowtan, and m tM event of any vrdatan or attempt to va!aYe these suvulatrorts. a any of them. the mortgage and aN wms secured leaebY ahaN immedutety become due and pavstrk at the opton of tM Assocutan 9 TMt in case d a default in any d tM terms of rhea mortgage aril tM filing d • bill to feet:bss this a any other mortgage encumbering the within described poperty tM Association shay be entitled to apply. at any t+trte vrrthout ratite pantMrq such feectowre swt. to tM coon Mv+rp prnsdretan thered for tM ap- • Dantment of a receiver d aN and singular tM mortgagW property. and d all tM rents. incomes. pohri. rswes and re.enues tftereof. from whatsoever source derived. and. thereupon. rt is Mreby ettpessly covenanted and agreed that tM court shwa fethwrth appant s receiver of card mortgaged poperty. a!! and singular, and d wM rMri. erttorrres. pofiri. essuee and revenues tlrereol, from whatsoever source denved. with tM uwsl powers and dut,es of receivers rn like cases. aril such apporntrrient shah De made by such court as a mater of strict right to tM Associaton, and w,thoirt reference to the adeQirscy or rnadeQuscy o1 the value of tM poperty hereby mortgaged. a to tM sohreney or ineohericy d tM Mortgagor. std roar wch rants. polite. incomes. rswes. and revenues she!! x applied by such receiver to tM paymem d tM mortgage rrdebtedriess. costs and charges. acceding to the order of wch court t O That +n the event tea pemrees leertby mortgaged. or any part tMred. tlMll be condemned and taken under the power of emir+ent domain. [rte Assoc,ation slut! - haw lM right to demand that aN damages awarded fe tM rik,rq d e rrytiry t0 sad permses shall be pad tO the Assocutan, ifs wCCQSSea Or assigns. ire to the amount then unpaid on this mortgage. and may t!e applied to arty wms last movable hereunder 1 / Thai trine rs of [fie essence d the contract end tMt no warner of any obtigatan Mreunder. or of the obligat,on secured Hereby snag! at any trine thereaher be herd ro be a waiver of tM terms tiered p pl tM pomraaey note secured Mretly 12 In the event of any default rn airy d tM [arms d the mortgage. e m tM note secured hereby. and accelerat,on by the holder. a any other s,tuation that would cause the interest paid a payibN order the otttrgstwn toe:eted tM mtergt qte sutherzed by uw then m such event an e,tcess interest theretofore pad shat! . be credited to prrrtrpat and cell xuued and urrpad e,tuss interest shall abate and sha4 not be an od+gatan Of the maker o. of any other person 13 That to the e,itent d tM rridebtednsss of tM Mortgagor to tM Assocution descr.bed herein or secured hereby. the Associatan is hereby wbrogated to the IiM a lrMS and to tM rights d tM owner end holder tMreof d each end every mortgage. Iran a other encumbrance on the land described herein. which is pail end SaMfied. m whole Or in part. out of tM pOteeda of tM ban described harem a secured hereby. aril the respective teens of said mortgages. hens or other en- cumbances. shah be. and 1M saute and oath of than hereby is preserved aril shat) pass to ared b! herd by the Assoaanon heron as security fe [fie m- debtedness to tM Assowtgn harem dexrrbed Or hereby second. to tM same a:tent that rt would have tech peserved and would haw been wssed to and - beM heW by tfie Associatan had it Deer duly and regulartt+ assrgried. tnnsfNred. set over. end delivered unto the Association by separate deed of assignment ' nOtwrtnstand+rig tM Ixt LMt tM Ntrre may De satisfied and carrglled d raced. rt being the rntenliOn Of the psK,es hereto that the same win ere sat+shed and carrcelted of rxord by tM holders tMreof at a about tM tierN of tM recording of this mortgage ~ 14 Thst if a^.y of the wms d money herein referred to Oe not promptly and /ally pad vnthin th+rtY 1301 daK nest after the sane severally become due and payable ~ or if exh and every tM strptdatans. agreemMri. COrtdtreri and Covenants of sad pom+ssey rate and this mortgage. or either are not duly pertained. com- ~ plied with end abided by. tM aggregate mom unpaid under sad pomissory rate and this mortgage snau become due and pavabte forthw,tn or thereaher at the ' option of the Associatan. es fully and Completeh) as it card aggregate mom of money were eiginalty stipulated [o be pad on sur_n dav. anything m saiO - pomissOry note or AerNn tO tM contrary notwrthstand+ng ~ - i f 15 That m order to accelerate the mature d tM rr+debttrdrtass liar two a encumbsnce upon sad poperty as harsh ,~~11 ~~b~~eS~ the~s+'ure o! the Mortgagor to pay any ta¦ assessment. hab+hr; obl+ga provded. ry eQurste that the Associat,ore shall first pay the same 16 -That tl+e abstrxt a abstracts d Lila covsr+ng tM mortgaged poperty sMII at al! times during the IAe al tors mortgage remain n the possess,on of the Assouatan end. rn avert of tM fexbwre of this mortgage, a other traneier d Utk to the mortgaged propertr. ire eaUnguishmem of the indebtedness secured hereby. as right. tick aril mtaest of tM Mortgagor rn and to airy such abstracts of Ltk shah pass to the purchaser o• grantee 17 Slauld the valdrry a l+en of the mortgage. or tM note secured tMreby. bs contested by bugat•on a otherwise the Mortgagor agrees to pay to the Association ttx cost of defending the same rncludrng s nasonibh attorneys tae ~ 18 To pay au and singular tM costs. charges and a:pMSes. rncltdrng attorney's fees reasonably ,recurred or paid at any lime by the AssouaUOn because of the larlure of tM Mortgagor to perfem. comply with and atr,de by each and every the stipulatraris ayreements- conditions and covenants of said prom,ssory note and this mortgage, a edMr. and every wch le><cept for tM payment of the montMy rnstaltment as requ,red by the Promissey Notel she!! bear interest from ; date at the rate of erghteM per cent 118X1 per anrwm unLl lolly pad 19 The Associaton sea!! have the right at any time aril from Line to LrtN and vnthout not,ce to a consent of any person to lal re:ease any portion o} the penises from the hen of tMS mortgage: lbl release any person 6eble for payment of any indebtedness secured hereby. Ice attend the rme of payment o. alter the terms of payment of sa a any pert of tM indebtedness. w+thout iffecurq a rekising tM personal Iiabihty of any person liable lotner than any person released pur- want hlretOl fa tM payment of any mom o? interest sxurild hereby and w,thout m any verse altering vary,ng. o• dimmish~ng the feces. effaces. or lien e! this mortgage on aH tM psmises not speuhcaNy released from tM 6M d the mortgage uy the Associat,et 20 Arty agreement herlahN made by Mortgagor and Aasocutan purwant to tMS metpage Shall be superar to the rights o! [he holder of any intervening litre pr enCUmbrarrte 21 Upon reouest of Metgsge, tM Association may. at its sole opton. from ume to Line. ltefore fuu payment of all indebtedness secwed hereby. make further ad- vances to Mortgagor. povrded. l+onrerer. tlNt tM total pnnCipat feCUred hereby and remain,ng unpaid. indud+ng any such advances. seal! not at any t,me e. teed the eiginal prntipal mom secured hereby Mortgagor eMll pay all wch further advances w,tn interost and tree same shalt be secured Hereby All eovis+tx,s of this mortgage shaft apply to exh furtM? advance as wee! as to all other indebtedness secured hereby Nothing herein contained, howeve•. Shan limit the amount secured by the mortgage it suCA amount is iriueased by advances made Dy the Association. as herein elsewhere pov,ded for to potect the security 22 In the evMt the Mortgage herein, a arty subsequent Mortgagor, a any person a ceporatan owning any imerest whatsoever should encumber the eoperty Herein mortgaged by an irrftrumMt comrrrorillr referred to end known ass '-wisp-around mortgage without first obtaining the written copse^t o! the Associa- t tan. then. at tM Option of the Association. tl+e obligation secured by the Mortgage shall immediately berome due anA payable 23 To provde IM Assocutan w+th Flood Inswance Coverage i/the real poperty is now a he•eafte• dete•m,ned ro rw wrthina special hood hazard area as shown ` on Flood Narard Boundary Msp/flood Inwrance Rate Map as pudnhed b1• the Federal Insurance Admmistrar.on - ' 24 At tM request d tM Mortgagor, tM Aseasatan agreq to waive tM povisroM of piggriph 4 relatrva to tM ueakan of s hazard .nwrance account. povided. ' however. that tM Astaaation retains tM right. et tri option. to n-instab such povisans o/ sad pang+aph 4 as an obtigat,ore of tM Mortgage Mnurder upon the hsppervng of any d tM folbwirq ~ A Failure to make arty payment required under tM terms of tM note on a before the due date the+eof B Failure to comply with the inwrante provraans of paragraph 3. a d any of tM other terms and cOndrtrOns of this mottgage a note. or with the mwrarice regwrsmenri conriirtird in tM Oeegration Ot Condominium and rNated documents rtrouW the mortgaged poperty be committed to cordominwm . development ; t' e ~ (Cl-MrTi T/P.A ~~r „K~1. Pa~E 82 I / MICA a7 BQ~~ • k 3