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HomeMy WebLinkAbout1561 ~ , Mortgagee may pay the same; and that he will promptly deliver the official receipts therefor to the Mortgagee. 3. To permit, commit, or suffer no waste, impairment, or deterioration of said property or any part thereof, except reasonable wear and tear; and in the event of the failure of the Mortgagor to keep the buildings on said premises and those to be erected on said premises, or improvements thereon, in good repair, the Mortgagee may make such repairs as in its discretion it may deem necessary for the proper preservation thereof, and the full amount of each and every such payment shall be due and pay- able thirty (30) days after demand, and shall be secured by the lien of this mortgage. 4. To pay all and singular the costs, charges, and expenses, including reasonable lawyer's fees, and costs of abstracts of title, incurred or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor promptly and fully to perform the agreements and covenants of any promis- sory note secured by this mortgage and this mortgage, and said costs, charges, and expenses shall be immediately due and payable and shall be secured by the lien of this mortgage. 5. To continuously maintain hazard insurance, of such type or types and amounts as Mort- gagee may from time to time require. on the improvements now or hereafter on said premises and he will pay promptly when due any premiums therefor. All insurance shall be carried in companies ap- proved by Mortgagee and the policies and renewals thereof shall be held by Mortgagee and have at- tached thereto loss payable clauses in favor of and in form acceptable to the Mortgagee. In event of loss he will Rive immediate notice by mail to Mortgagee, and Mortgagee may make proof of loss if not made promptly by 1ortgagor, 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 jointly, and the insurance proceeds, or any part thereof, may be applied by Mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged. In event of foreclosure of this mortgage, or other transfer of title to the Mortgaged property in extin- guishment of the indebtedness secured hereby, all right, title, and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. 6. If the premises, or any part thereof, be condemned under the power of eminent domain, or acquired for a public use, the damages awarded, the proceeds for the taking of, or the consideration for such acquisition. to the extent of the full amount of the remaining unpaid indebtedness secured by this mortgage, are hereby assigned to the Mortgagee, and his heirs or assigns, and shall be paid forth- with to said Mortgagee or his assignee to be applied on account of the last maturing installments of such indebtedness; provided, however, the Mortgagee or his assignee, may at his discretion pay direct to the Mortgagor, his heirs or assigns any part or all of such award. 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 co~•erecl 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 r hereby mortgaged as if specifically set forth and described in tb~ granting and h~dum mouses hereof. Such appointment shall be made by such court as an admitted equity and a matter ofaabsolute right to ' said Mortgagee, and without reference to the adequacy or .inadequacy of the value of the property j mortgaged or to the solvency or insolvency of said :1lortgagor or the defendants. Such reds, profits, l income, issues, and revenues shall be applied by such receiver according to the lien of this mgrtgage 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-twelfth (1/12) of the aggregate of the twelve monthly install- menu payable in the then current year plus the actual amount of the annual taxes, assessments, water rates, and insurance premiums for such year not covered by the aforesaid monthly payments. 8. In the event of any breach of this mortgage or default on the part of the Mortgagor, or in the e~•ent 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, condtions, and cov- enants of any note secured by this mortgage and this mortgage, are not duly, promptly, and fully per- formed ;then in either or any such event, the said aggregate sum mentioned in such note then remain- ins unpaid, with interest accrued to that time, and all moneys secured hereby, shall become due and pay- j able forthwith, or thereafter, at the option of said Mortgagee, as fully and completely as if all of the said sums of money were originally stipulated to be paid on such day, anything in such note or in this mort- gage to the contrary notwithstanding; and thereupon or thereafter, at the option of said Mortgagee, t without notice or demand, suit at law or in equity, may be prosecuted as if all moneys secured hereby and matured prior to its institution. 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 costs, expenses, and allowances. In case of partial foreclosure of this mortgage. the mortgaged ~ premises shall be sold subject to the continuing 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 thereafter t from time to time by the Mortgagee. ~ 9. No waiver of any covenant herein or of the obligation secured hereby shall at any time there- after be held to be a waiver of the terms hereof or of the note secured hereby. T 10. 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. . 11. If the Mortgagor default in any of the covenants or a~treements contained herein, or in any n~~te. sc~cur~~l Iw this mortgage, then the Mortgagee may perform the same, and all expenditures (in-