HomeMy WebLinkAbout1392 tender to the Mortgagee in accordance with the provisions of tl« note secured l~ereb~, full payment of the
entire indebtedness represented thereby, the Mortgagee, as trustee, shall, in computing the amount o! such
indebtedness, credit to the account of the Mort gor any credit balance remaining under the provisions of (a)
of said ph 2. It there sl~aU be a default under any of tl?e provisions of thts rnortga~e resulting in a
public salhe premises coveted hereby, or if the Mortgagee acqutr+a the property othenvtse after default,
the Mortgagee, as trustee, shall' a~i' at the itir~,e .o the caanencernent of such proceedings or at tl~e time
the property is otherwise acquit+ed,~ire~mounptt~e~~uaining to credit of Mortgagor under (a) of paragraph 2
pr~ecedtng a. a credit on the interest accrued and unpaid and tl~e balance to the principal then remaining unpaid ~
on said note.
4. He will pay aA tatcea„ asaesssnents, water rata, sad other governmental or municipal charge, fines, otr
impoeitiot», tar which provision has not bees made heninbefore, and m default Wereot the Mortgagee may pay the
acme; and that hs will P~P~Y ddiver the o~dal receipts tberdor to the Mortgagee. '
b. lie will permit, commit, or su8er ao waste, impsirmeat, a deterioration d said property or an part thereof
except ra~sanabk wear and tear; and in the event d the failure d the Mortgagor to keep the building oa sai~
premises and those to be enocted on s.id premises, or improvements thereon, in good repair the Mortgagee may
make such repairs as in its discretion it may deem neoeseary for tlMe proper peacrtrstion thereo#, and the lull aanount
of each and every such payment shall be due and payable thirty (30) days efts deasand, sad shall bs secured by
the lien d this mortgage. _
6. He will pay all and siagulu the `oohs, ~6ar~,~ sad eipeases, including reasonable 4wyer's fees, and costs
d abstracts d tick, incurred or paid at anti time bythe-Mortgagee because d the failure on the part d the Mortgagor
promptly and fully to perform the agc~eements sad oovenmts d said promieeory note and this. mortgage, and said
poets, charges, and expenses shall be immediately dus end pe?yabk and shall be secured by the lies d this mortgage.
7. He will ooatinuoualy maintain hazard iostirance, of such typo or types end amounts as Mortgages may
from time to time require, on Lhe improvements now or hereJter on said premises and except when payment
for ail such premiums has theretofore been made tinder ~(a of paragraFh 2 hereof ~e will pay promptly when
due say premtums therefor. All insurance shall be carribd in eoopperues aPProve~ by I?iortgagee and the poli-
cies and renewabs ther+eoi shall be held by Mortgages and have attached thereto loss payable clauses in favor of
abd in form acceptable to the Mortgagee In event of lose 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 authorized 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 therepf a~yy••be~_p~ltneod 1~ Mo
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gages at its option either to t~ reduction of the indebtedness hereby secured or td tie z+~fo pair
the property dammed. In event of foreclosure of this mortgage, or other traaafer of title td the mortgaged
property w extingutshment of the indebtedness secured hereby, right, title, and interest of the Mortgagor
in and to any insurance policies then in force shall pass to the pnrchsasr or grantee.
R. If the prnmises, or any part thereat, be condemned under the power of eminent domain, or acquirnd for
e public use, tl~e damages awarcleel, tlu• pra•ecds for tl~e takingg of, or the consicleration for such atyu~sition, to
the extent of the (all amount of the remaining unpaid indeLterinebs sec•urrd b~• this mortgage, am hernby
assiKned to the ~iortt;agee, and hie hems or assigns, and shall tin paid forthwith to said Mortgagee or his
assignee to be applied on account of the last maturiuK installments of such indehtedness: provi~le~l, hoNCVer,
the `iortguKee or his assiKr?ee, may at .his discretion pay dir~yt to the Mort~or, his heirs or assigns any part
or all o[ sucl~ aNard; provided, that if tl~e loan is Kuaranteed or insured, tl~e consent of the guarantor or insurer
is obtained in advance of said pa~•ment.
' 9. The Mortgagee may, at any time pending a suit upon this mortgage, apply b We court having jurisdiction
! thereof for the appointment of a r+eoeiver, and such court shall forthwith appoint a receiver of the premises covered
~ hereby s>f sad 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 as J specifically set forth and
described in the Granting and habendum clauses hereof. Such appointment shall be made by such court as an admitted
~ equity and s matter d absolute right to acid Mortgagee, sad wnWout refer+enoe to the adequacy or inadequacy of
~ the value d the property mortgaaed or to the solvency or insolvency of said Mortgagor or the defendants. Such
rents, profits, income, issues, and revenues shall lfe appUeci by such receiver according to the lien of this mortgage
j and the practice of such court. Ia the event d any deffault on the part of the Mortgagor hereunder, tbe 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 (yf s) d the aggregate of the twelve monthly installments payable in the Wen current
~ year plus the actual amount d the annul taxes, agents, water rates, and insurance premiums for such year
not covered by the aforesaid monthly payments.
f 10. In the event d any b*~each d this mortgage or defauk on the part d tbe Mortgagors or in We event that
any d acid sums of money herein referred to be not promptly and fully paid accordng to the tenor hereof, oa in the
event that each and every the stipulations, agreements, eonditio», and eovenanta d said note sad this mortgage.
are not duly, promptly, and tally performed; then in either or any such event, the said aggregate sum mentioned
iQ said note then remainrng unpaid, wiW interest aocnred to that time, and all moneys secured hereby, shall become
s dtre and payable forhiwith, or thereafter, at the option d said Mortgagee, as fully and completely as if .ell of the
said sums d money wen originally stipu4ted to bt paid on such day, anything in said note or in this mortgage to
~ the contrary notwithatsnding; and theretrpoa or thereafter, at tbe option d said Mortgagee, without notice or
demand, suit st law or in equity, rosy be prosecuted as if all moneys secured hereby had matured prior to its inatitu-
lion. The Mortgagee may foreclose Wia mortgage, as to the amount so declared due sad payable, and the said
remises shall be sold to sstidy and pay the acme together with costa, expenses, and albwancea. In case dpartial
: foreclosure of this mortgage, the mortgaged premises shall be sold subject to the continuing lien of this mortgage
for the amount d the debt not Wen due and unpaid. In such sax the provisions d this paragraph may again be
availed of thereafter from~tiaae to time by the Mortgagt~e.
1 1. No4waiver d any ooveaant herein err d the obligation sectued hereby shell at any time thereafter be held
to be a waives od the terms hereof or d the note secured hereby.
12. The lien d this iaszrtiment ehaII rrraain in full tome and effect during say Postponement or extension d
' the time d payment at the indebtedness or any pare thereof secured ber+eby.
13. If the Mortgagor delsWt in any d the covenants or agreements contained herein, or in said note, then the
Mortgagee may perform the acme, and all e:penditures (including reasonable attorney's fees) made by the Mortgagee
' in so doing shall d»w interest at the rate provided for in the principal indebtedness, and shall be repayable
thirty (30) days attar 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 aupplementai note or
notes tort sum or sums advanced by the titortgagee for the alto»tion, modernizstan, improvement, main-
; tenance, or repair of said premises, for taxes or asfexments against the same and for any other purpose author-
i:ed hereunder. Said note or rates shall be secured hereby on s parity with and as fully as if the advance
evidenced thereby were included in the note brat described above. Said aupplementa! rate or notes shall bear
interest at the »te provided for in the principal indebtedness and shall be ayable in proximately 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 after demand
by We creditor. In no event shall- the maturity extend beyond the ultimate rsaturity of the rate first
described above.
era 334 ~~~E1388