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HomeMy WebLinkAbout2159 t.~.. ~ tender to the .Mortgagee in accordanee•Mth the ~ m~na of the note secured hereby, full pa~•ment of the ~ ~ entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in con?puting the amount of such indebtedness, credit to tl?e account of tl,e Mortgagor any credo Lalance re???aining udder tl?e provisions of (a) of said paragraph 2. If tl?ere sl?all be a default under any of tt?e provisions of this ?nortga~e resulting in e public sale of the premises covered l?ereby, or if ti?e Mortgagee acyu?res ti?e property otl?erwtse after default, the Mortgagee, as trustee, shall apply, at the time of the co????nencement of such proceedings or at tl?e time the property w otherwise acquired, the amount Il?en retuaining to credit of Mortgagor under (a) of paragrap}? 2 preceding sa a credit on the interest accrued and unpaid and t ?e balance to the principal then re?nain?ng unpaid on said note. 4. Hs will pay all taxes, assessments, water rates, sad other ¢overnmental or municipal charges, fines. oft impoeitioas, for which provision has iwt been made hereinbefore, and to default thereof the Mort;agee may pay the same; and that he will promptly deliver the official receipts therefor to the Mortgagee. b. I3e will permit. commit, or softer no waste, impairment, or deterioration of said property or an part thereof except reasonabb wear and tear; and in the event of the failure of the Mortgagor to keep the buildings on aai~ premises and those to be erected on said premises, or improvements thereon, in good repair We Mortgagee may make such repairs as in its discretion it may deem neeeaeary for the proper preservation thereo~, 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 costs, charges, and expenses, including reasonable Sawyer's fees, aIId costs of abstracts of title, incurred or paid at any time by the Mortgagee because of the failure oa the part of the Mortgagor promptly and fuller to perform the agreements and covenants of said promissory note and this. mortgage, and said costa, charges, and expenses shall be immediately due and payable and shall be secured by the lien of this mortgage. 7. He will continuous)ry maip azard insurance, of such type or types and amounts as Mortgagee ma tram time to time require,:an tbs vements now or hereafter on said premises and except when payment for all such remiums has theretofore n made under (a) of paragraph 2 hereof,'he will pay promptlyy when due any premiums therefor. All insurance shall be carried in companies approved by Mortgagee and the poli- cies and renewals thereof shall be held by Mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the Mortgagee. In event of loss he will give immediate notice by mail to Mortgagee, and Mortgagee may. make:proof of loss if not made promptly by Mortgagor, and each insurance company concerned is hereby suthotized "and directed to make payment for such loss directly to Mortgagee instead of to Mortgagor and Mortgagee ointly, and the insurance proceeds, or any part thereof, may be applied by Mori gages at ?ta option either to ~e reduction of the indebtedness hereby secured or to the restorat?on or repair of the property dammed. In event of foreclosure of this mortgage or other transfer of title to the mortgaged property in extingu?shment of the indebtedness secured hereby, s~l right, title, and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. R. If the prcn?ist•s, or un~- part then•of, bc• c•ondt•nn?ed under tht• powc•r-of emint'nt doniuu,, or at•yuired for a public use, the dau,agc•s awarded, tht• prot•et•ds for the taking of, or tht• c•onsidt•ration for such t<t•yuisitia,, to the extent of the full amount of the remaining un(iuid indrbtednt•ss seruirtl h.• this mortgage, are lirrcbr unsigned to tht• ~fortgaKce, and his heirs or assigns, and shall l?t• puid fort6N•ith to said ~fortRagee or his assignee to lx• applied oft act•ouut of the laa uiaturiug installnu•nts of sut•h indt•btt•dness; provided, hoH•rrer, the `iortguget• or his a.4.ciknce, niu~- at his disc•n•tion par direct to the Mortgagor, his heirs or assigns an~• part or all of such avrard; providc•tl, that if tht• loon is guuruntt•t•d or insured, the consent of thc• guarantor or insurer is obtained in advance of ,aid pa~•nirnt. 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 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 mortgaged ae if specifically set forth and described in the granting and habendum clauses hereof. Such appointment shall be made by such court as an admittRd equity and s matter of absolute right to said Mortgagee, and without reference to the adequacy or inadequacy of 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 Mortgagor agrees to pay to the Mortgagee on demand as a reasonable monthly rental for the premises an amount at least equivalent to one-twelftl, (~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 inauraooe premiums for such year not covered by the aforesaid monthly payments. 10. In the event of any beach 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 Cully 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 become due and payable forthwith, or thereafter, at the option of said Mortgagee, as fully and completely as if alt of the 1 said sums of money were originally stipulated to be paid on such day, anything in said note or in this mortgage to the contrary notwithstanding; and thereupon or thereafter, at the option of said Mortgagee, without notice or demand, suit at law or in equity, may be prosecuted as if sU moneys secured hereby had matured prior to its institu- tion. The Mortgagee may foreclose this mortgage, as to the amount so declared due and payable, and the said premises shall be sold to satisfy and pay the same together with costa, expenses, and allowances. In case of partial foreclosure of this mortgage, the mortgaged premises shall be sold subject to the ogntinuing lien of this mortgage j for the amount of the debt not then due and unpaid. In such case the provisions of this paragraph may again be y availed of thereafter from time to time by the Mortgagee. 11. No waiver of any covenant 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 lien of 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. h la. If the Mortgagor default in any of the covenants or agreements contained herein, or in said note, then the Mortgagee may perform the same, and all expenditures (including reasonable attorney's fees) made by the Mortgagee in so doing shall draw interest at the rate provided for in the principal indebtedness, and shall be repa~•able ~ thirty (30) days after demand, and, together with interest and costs accrued thereon, shall be secured by ~ this mortgage. .f 14. Upon the request oI the Lortgagee the tortgagor shall execute and deliver a supplemental note or ~ notes for the sum or sums advanced oy the Mortgagee for the alteration, modernization, improvement, main- tenance, or repair of said premises, for taxes or as.~es_sments 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 i( the advance evidenced thereby were included in the note first described above. Said s,pplemental note or notes shall bear interest at the rate provided for in the principal indebtedness and shall be a}able in approximately equal monthly paymenu for such period as may be agreed upon by the creditor and debtor. Failing to agree on the 4 maturity, the whole of the sum or sums so advanced shall be due and pa~•able thirty (30) days after demand by the creditor. In no event shall the maturity extend beyond the ultimate caturity tii the note first described above. 11R A~f 2152 BtlOfi~~ P F- - - - - s.:_ _ _ _ _ ~