HomeMy WebLinkAbout1956 tender to the ZVlortgagee in accordance with t~?e, provisiors of the uote secured hereby, full psyn?ent of the
entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in con?puting the a?uount of such
indebtedness, credit to tl?e account of tl?e Mortgagor any credit balhr?ce remaining under tl?e provisions of (a)
of said paragraph 2. It there sl?al) be a default under any of the provisions of this n?ortga~e resulting in a
public sale of the premises covered 1?ereby, or it tl?e Mortgagee acqu?res Il?e property otl?erw?se after default,
the Mortgagee, as trustee, shall apply, at the time of the commencement of such proceedings or at tl?e time
the ro rt ?a otherwise ac wired, the amount then remaining to credit of Mort '
P Pe Y q gagor under (a) of paragraph 2 ~
preceding as a credit on the interest accrued and unpaid and tl,e balar?ce to the principal then rer??sining unpaid
on said note.
4. He will pay all tauea, aaseamseafs, water rates, and other governmental or municipal charges, or +
impositions, for which provision has not bean made heninbeiore, and in default thereof the Mortgagee may pay tbs ~
same; and that be will promptly deliver the official receipts therefor to the Mortgagee, i
b. He will permit, commit, or suSer no waste, impairment, or deterioration of said property or any part thereof
except reasonable wear sad feu; and in the event of the failure of the Mortgagor to keep the buildings oa said
ptiem?see and these to be erected on said prea~iaea, or improvements thereon, in good repair the Mo
make such repairs ae in its discretion it may deem neecesary for the proper preservation thereo~, and the
frtull~amou 6 -
of each and every such payment shall be due sad payable thirty (30) days liter demand, sad shall be secured by ~
the lien of this mortgage. ;
6. He will pay sL sad singular the coats, charges, and expenses, including reasonable b?wyer'e fees, and costs 1
of ebstncts of title, incurred or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor
promptly sad luAy to perform the agreements end covenants of slid. promissory note and Chia. mortgage, and said
costa, charges, and expenses shall be immediately due and payable sad shall be secured by the lien of this mortgage,
7. He will continuously maintain hazard insurance, of such type or types and amounts as Mortgagee may
from time to time require, on the improvements now or hereafter on said premises, and except when payment
for all such premiums has theretofore been made under (a) of paragraph 2 hereof he will pay prom tl when
y ;
due any prem?uras therefor. All insurance shall be carried in companies approve by Mortgagee an the L-
ties and renewals thereof shall be held by Mortgagee and have attached thereto lose payable clauses in favor of
and in Iorm 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 ?s hereby authorized' and duetted to make payment for such loss directly to Mortgages instead of
to Mortgagor and Mortgagee ointly, and the insurance proceeds, or any part thereof, may be applied by Mori t
gages at refs option either to t~e reduction of the indebtedness hereby secured or to the restoratnon or repair of
the property dammed. In event of foreclosure of this mortgage or other transfer of title to the mortgaged
property rn extingu?shment of the indebtedness secured hereby, a~l right, title, and interest of the Mortgagor
u? and to any inauranc:e policies then in force shall press to the purchaser or grantee.
R. If the pren?is?s, or unr purl U?ereof, be c•ondenn?ed under the power of cn?inent. don?um, or acquired for
a public use, the dan?nl;c•s awarded, the proceeds for the taking of, or the consideration for lush ucquisition, to ~
the extent of the full amount of the remaining unpaid indebtedness secured by this mortgaKe, arc hereb~• a
ussil;ned to the VlortRaRec, and hi4 heirs or assil;ns, and Shull I,e puid forthwith to said ~fortgnKee or his 4
assiKnee to be applied on acrow?t of the Inst mnturi??g iustalluu•nts of such indcbtednc•ss; pmvicled, hoKCVer
the ~+1ortKuKee• or his assiKnee, u?ay at hie disen•tion pay din•et to the blortgnKor, his 1?eirs or assi;;ns am• part s
or ull of such award; provuled, that if the loon is Kuuruntred or insured, the consent of thc~ gunrantor or insurer
is obtained in advance of said payn?eut. t
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 anid singular, including all and singular the income, profits, issues, and revenues from whatever source {
derived, each and every of which, it being expressly undenstood, is hereby mortgaged ea if specifically set forth and
described in the granting and habendum clauses hereof. Such appointment shall be made by such court ss an admitted
equity and a matter of absolute right to said Mortgagee, and without reference to the adequacy or inadequacy of j
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 tfe applied by such receiver acxording to the lien of thin 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 a8 a reasonable monthly rental for the premises an amount at leant
equivalent to one-twelfth (~z) of the aggregate of the twelve monthly installments payable in the then current
Year plus the actual amount of the amual taxes, assessments, water rates, and insurance premiums for such yew
not covered by the aforesaid monthly payments.
10. In the event of any beach of thin 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 sad fully paid according to the tenor hereof, or in the
event that each and every the stipulations, agreements, conditions, and oovenante of said note and this mortgage
an 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 become
due and payable forthwith, or thereafter, at the option of said Mortgagee, as fully and completely se if all of the
said sums of money were originally stipulated to be paid on such day, anything in said note or in this montgage 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 all moneys secured hereby had matured prior to its inatitu- '
Lion. The Mortgagee may foreclose this mortgage, ss to the amount so declared due and payable, sad the said ~
premises shall be sold to satisfy and pay the same together with casts, expenses, and allowances. In case of partial ~
foreclosure of this mortgage, the mortgaged premises shall be sold subject to the centiauing lien of this mortgage
for the amount of the debt not then due and unpaid. In such case the provisions of this paragraph may again be
availed of then~eaftzr from time to time by the Mortgagee.
11. No waiver of any covenant herein or of the obligation secured hereby ahaA 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 nay part thereof secured hereby,
1:3. If the Mortgagor default in any of the covenants or agreements contained herein, or in acid note, then the
Mortgagee may perfonm the same, and all expenditures (including reasonable attorney's fees) made by the Mortgagee
in so do?ng shall draw interest at the rate provided for in the principal indebtedness, and shall be rnpayable ~
thirty (30) days after demand, and, together with interest and costs accrued thereon shall be secured by
this mortgage.
14. Upon the request of the Mortgagee the Mortgagor shall execute and deliver a supplemental note or
notes for the sum or sums advanced oy the tortgagee for the alteration, modernization, improvement, main-
tenance, or repair of said premises, for taxes or assessments 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 if the advance -
evidenced thereby wen included in the mote first described above. Said supplemental note or notes shall bear
interest at the rate provided for in the principal indebtedness and shall be ayable in approcimately equal
monthly payments 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 shall be due and payable thirty (30) days liter demand
by the creditor. In no event shall the matwity extend beyond the ultimate matwity of the note first
j described above.
1
6t101(c~ PLt~ ~~7eJ~
_ ,
r.,..p