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HomeMy WebLinkAbout0417 . ; - ~ ~ ~ 2. That, in order moro fully to protect the security of this mortgage; the 1~it ttgagor, to~s~e~~wlth, ~n11 in addition to. the monthly payments under the terms of the note secured hereby, on the first day of each month untU the said note is fully paid, will pay to the mort- gagee the following sums: (a) An amount autficient to provide the holder hereof with fund: to pay the next mortgage irt:unnce premium U thi: instrument and the note securod heroby are insured, or a monthly charge (In Ucu of a mortgage insurance premium) If they aro held by the Secre- tary of Housing sad Urban Development a: follows: (1) ![and so long as said note of even date and this instrument are iruured or aro reinsured under the provisions of the National Housing Act, an amount sufficient to accumulate in the hands of the holder one (l) month prior to its due date the annual mortgage rnauranoe promium, in order to provide such holder with funds to pay such premium to the Secretary of Housing and Urban Development pursuant to the National Housing Act, as amended, and applicable Regulations thereunder; or (11) I[ and so long as said note of even date and this instrument are held by the Secretary of Housing and Urban Develo ment, a monthl charge (in lieu of a mortgage insurance promium) which shall be in an amount a ual to one-twelfth (1/pi2) of one-half ~1/2) per creittum of the average outstanding balance due on the note computed without taking into account do- ltnquenciea or prepayments: (b) A sum equal to the ground roots, if any, next due, plus the premiums that will next become due and payable on policies of fire and other hazed Insurance covering the mortgaged property, plus taxes and assessments next due on the mortgaged property (all as estimated by the mortgagee) less all sums already paid therefor divided by the number of months to elapse before one month prior to the date when such ground yenta, premiums, taxes, and assessments will become delinquent, such sums to be held by mortgagee in tout to pay said ground rents. premiums, taxes, and special assessments; and (c) AU payments mentioned In the two preceding subsections of this paragraph and all payments to be made under the note secured heroby shall be added together and the aggregate amount thereof shall be paid by the mortgagor each month in a single payment to be applied by the mortgagee to the following items in the order set forth: (I) premium charges under the contract of insurance with the Secretary of Housing and Urban Development, or monthly charge (in lieu of mortgage insurance premium). as the case may be: (ll) ground roots, taxes, assessments. faro, and other hazed insurance premiums: (III) interest on the note secured hereby; and (IV) amortization of the principal of said note. - Any deficiency in the amount of such aggregate monthly payment shall, unless made good by the mortgagor prior to the due date of the next such payment, constitute an event of default under this mortgage. The mortgagee may collect a "late charge" not to exceed four cents (4~) for each dollar (S1) of each payment more than fifteen (1 S) days in arrears to cover the extra expense involved in handling do- linquent payments. 3. That if the total of the payments made by the mortgagor under (b) of paragraph 2 preceding shall exceed the amount of the pay ments actually made by the mortgagee, for ground rants, taxes and assessments and insurance premiums, as the case may be, such excess if the loan is current, at the option of the mortgagor, shall, be credited on subsequent pa merits to be made by the mortgagor, or refunded to the mortgagor. If, however, the monthly payments made by the mortgagoy under (b) of paragraph• 2 preceding shall not be sufficient to pay ground rents, taxes and assessments and insurance premiums, as the case may be, when the same shall become due and payable, then the mortgagor shall pay to the mortgagee any amount necessary to make up the deficiency, on or before the date when payment of such ground rents, taxes, assessments, or insurance premiums shall be due. If at any time the mortgagor shall tender to the mortgagee in accord- ance with the provisions of the note secured hereby, full payment of We entire indebtedness represented thereby, the mortgagee shall. in computing We amount of such indebtedness, credit to the account of the mortgagor_aU payments made under the provisions of (a) of para- graph 2 hereof which the mortgagee has not become obligated to pay to the Secretary of Housing and Urban Development and any balance remaining in the funds accumulated under the provisions of (b) of said paragraph 2. If there shall be a default under any of the provisions of this mortgage. resulting in a pubUc sale of the premises covered hereby, or if the mortgagee acquires the property otherwise after do- fault, the mortgagee shall apply, at t}~,e time of the commencement of such proccedings or at the time the property is otherwise ac- quired, the balance then remaining in the funds accumulated under (b) of paragraph 2 preceding as a credit against the amount of principal - then remaining unpaid under said note and shall properly adjust any payments which shall have been made under (a) of said paragraph.. 4. That he will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines, or impositions, for which provision has not been made hereinbefore, and in default thereof the mortgagee may pay the same; and that he will promptly deliver the official receipts therefor to the mortgagee. 5. That he will permit, commit. or suffer no waste, impairment, or deterioration of said property or any part thereof; 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 necessuy for the proper preservation there- of, and the full amount of each and every such payment shall be immediately due and payable, and shall be secured by the lien of this ~ mortgagee. 6. That he will pay. all and singulu the costs, chuges, 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 psri of the mortgagor promptly and fully to perform the agreements and covenants of said promissory note 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. 7. That he wr7l keep the improvements now existing or hereafter erected on the mortgaged property insured as may be required from time to time by the mortgagee against loss by Cre and other hazards, casualities, and contingencies in such amounts and for such periods as ~ may be required by mortgagee, and will pay promptly, when due, any premiums on such insurance for payment of which provision has not been made hereinbefore. All insurance shall be carried in companies approved by mortgagee and the policies 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 mortgagce may make proof of loss if not made promptly by mortgagor, and each in- surance company concerned is hereby authorized and directed to make payment for such loss directly to mortgagee instead of to mortga- goy and mortgagee jointly, and the insurance procceds, or any part thereof, may be applied by mortgagee at its option either to the reduc- tion 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 extinguishment 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. 8. That if the premises, or any part thereof, be condemned under any power of eminent domain, or acquired for a public use, the damages, proceeds, and the consideration for such acquisition, to the extent of the full amount of indebtedness upon this Mortgage, and the Note secured hereby remaining unpaid, are hereby assigned by the Mortgagor to the Mortgagee and shall be paid forthwith to the Mort- gagee to be applied by it on account of the indebtedness secured hereby, whether due or not. 3 9. That the mortgagee may, at any time pending a suit upon this mortgage, apply to the court having jurisdiction thereof [or the ~ appointment of a receiver, _pnd such court shall forthwith appoint a receiver of the premises covered hereby all and singular, including all and singulu the income. profits, issues, and revenues from whatever source derived, each and every of which, it being expressly under- stood, is hereby mortgaged as if specifically set forth and described in the granting and habendum clauses hereof, and such receiver shall have all the broad and effective funct:ons'and powers in anywise entrusted by a court to a receiver, and such appointment shall be made by such court as an admitted equity and a 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 insdvency of said mortgagor or the defendants, and that such rents, profits, in- come, 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 ono-twelfth (1/12) of the aggregate of the twelve montlay installments r 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. l0. That (a) in the event of any breach of this mortgage or default on the part of the mortgagor, or (b) in the event that any of said sums of money herein referred to be not promptly and telly paid without demand or notice, or (c) in the event that each and every the sti- pulations, agreements, conditions, and covenants of said note and this mortgage, are not duly, promptly, and fully performed; then in either or any wch 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 all of the card soma of money were originally stipulated to be paid on such day, anything in said note or in this mortgage to the con- trary 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 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 mort- gage 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 s from time to time by the mortgagee. i I _ BCOIRIc~ POD ~7 _.a