Loading...
HomeMy WebLinkAbout0142 _ ~ _ _ ...L_ ~a~~103'7P~~~029~. ~ - 0 A.d the said Martiaior doe baeby ooveaaat and airex to asd uritA the said htortiaiee: 1. To p.y all dad siuittlar the priadpal, iaaet dad other sums of money paYabk by virtue of said promissory sate dad this mortiaie, each aed all, promptly as the days, rapestively, the same severally become due. Until the DaYmcat of all sums sacred by this matiaie, to Pay aU and siaiular the taxes, assessmcats. kris. obliptam and etscttmbtstwer of every nature std kind sort 00 or which taay baeafta accrue oa said described property, aM upon this martiaie and the indebtedness centred hereby, esc6 and every. when due and payabk, and promplY deliver the official receipts to the otGoe of the Mortptia, and it the same or eery pan thereof, be nor promptly paid rhea due and payable. said Martiaiee may u day time pay the setae, withota wairiai a affatiai the opioa to forecbse this matiye by reason of such default or soy riilu hereunder; and every psyasem so made shall bear lbe tssuimttty kcal ~d tau of intact from the due thereof, and all such payment, rich iatasu as aforesaid, shall be sawed by the lien of this moniaie. ' a - I. To pay a•11 dad sittiular the costs, fees, charier, dad upenses of every aatwe dad kind, iacltdisi the coat of as abstran of tick to the above desuibod leads found to be Q tecessary or eaorr:etitot in coarseaioa with any suit far the forabwre of this mortisie, dad also iacludiai reasoasbk lawyer's a solicitor's fees, iaattred or expended at day time by said Mortisiee after eery default by said Matiaior, in the foreclosure of this mortiaie of the oolkaioa of the amounts sawed batty, each dad every; dad tray such payment a obliiation shall bear the taaximtsm kial rueof iaaest from the date same maybe made dad with such itttaest shall be sawed by the lice hereof. 4. To keep the buihtinis now or hereafter oa said buds iusweid apiast loss try fire, ~rindstorm and Good rhea applinbk foi thdr full inwabk value io a company or compasties to Oe approved by said Mortiaia, dad the policy or policies to be held by asd ttsade payabk to said Mortiaia by Standard Neer York Mortittie Clause as Moniaia iaaest may appear and in the erect any sum of money becomes PaYabk under such pdicy or policies the Mortiaite shall bare the option to raeive and apply the same oa aooaeat of the itsdebtedaess hereby stxvrtd or to permit the Mortiaior to receive dad use it or any part thereof for other purposes ritbow wsiviai or impairiai day cQuity, lien, or riiht usdtr this sstatiaie; asd said Mortiai:e upon taihae of said Mortisior to perform this aweuant may procure and pay for sur:h inwantx or any pan thereof without raivie?i or affertisti option to torabx this matiaie or any riily hereunder; zed every such payment shall bee the maximum kiwi vale of iacrest from the daft thereof and with such iMatst be secured by the lien hereof.. . S. To permit, commit a suffer no waste, impairnte:m, or deterioration of said propMy, or any pan Ihatot, and upon (ailwe of the Mortiaior a keep the buihLap on said property in iood condition of repair, the Monpiee may make demand for the immediate repair of said builditsis, a as irscreax is the amount of security, or the immediate repaynsesy of the debt batty secured, and tAt tailwe of the Mortpia to coinpfy with said demand of the Mortiaiee for a period of fifteen (t S) days shall conuiwte a breach of this mortiaie, and at the opion of the Mortptia unmediately ttsuwe the entire unpaid pritscipd artd iataest hereby sawed. 6. That if said promissory note, or the interest thntoa, or any of the vent of money herdo refarod w a soured hereby, be as fuly and promptly paid after the same xrerally become due dad payable. a if each and every the mreaanu, airecmeats, cottditiorts and stipuhstions of said promissory note dad of this mortiaie, or any of them. arc not duly performed, complied with and abided try, the said aiirciate sum mentioned in said promissory note. (dap utsearocd interest, less previous payments, it any), shall baomc due dad payabk forthwith a thereafter a1 the opion of the Mortiaia as fuQy and compktely ss if said aiire:iate sum were oriiiaally stipulated to be paid at such time, anythini in said promissory ante, a herein to the oomrary stawithuasdini. - - 7. To perform, comply with and abide by each and erar the tnrenams, aircements, condition dad stipulation in said Promissory note and in this saortpie sa forth. i. That in theeretu suit is itW ituted to foralox and/or reform this snortittie, the Matiaia dull be entitled to apply at day time peadiai such foreclosure suit to the Coup haritsi jurisdiction thereof for the appointment of a Receiver, witbow mice, of all dad sioiular the mortysied property, and of aU the reds, istcorae, profits, issues dad revenues thereof; and it Is hereby exprexsly covenanted and aired tlrt tbaeapoa such Coun shall forthwith appdtu a Reaira of said martiaied proptny, all dad sistiular and of such reds, income, proles, iswer and rereptser, with the usual porrn dad duties of Redress in Eke cases; and such appdatmcm shall be made by such Coup n a rauia ofZttiri riiht to the Mortiaite dad without refaenoe to the adequacy a irtadequsry of the value of the popatY Aaeby mortisied, or to the sdreegr or insdreacy of the MortiiRgr; dad that such rests, profiu, im~ostte, issue asd rexeauer shall be applied by the Receiver aforesaid rwrnrdisti to law and the order and practice of such Covet; dad that said rears, profiu, itscome, issues and rerrnues are hereby tramfared, assiiaed, set ova and pkdied u fwtba security for the paYmewt of the saortiaie indebtedness, with the riiht tbw ao duty) oa she part otthe Mortiaia at day time after a default hatussder to demand and receive the same and apply the same upon the moniaie iadtbtedoess. 9. That if the Mortiaior shall sell, convey or alietute said pmpeny, or atry part thereof, or any iaaest thada, a shall be divested of his tNk or day ipatu therein in any manner a way, wbaha.rduntary or iarduntary, without the written consent of the Mortiaia beitsi first had and obtsintd, Mortiaiex shad have the riiht u its option to rkclare any istdebtedtxss or obliiation centred hereby, irrespective of the muwity date spcdfiod is aey note eridestsSai the same, rmmtdiuely due dad payabk. If f 10. That is the event she premises hereby taortpicd, or any pan thereof. dull be coadcsr?aed asd takrn for public ux under the power of eminent domain, the Mtirtiaiee shall hart thtriih: to deaurd that all dataaier awarded for the takini of or dandier to said premises shall bt paid to the Maniaia up to the asnoum then unpaid on this mortiaic, asd the obliiationsaured hereby, and spay be applied upon the payments hsu payabk under this tnortiaie and the obliptioa secured hereby. - l 1. Tint it is the isyatt hadn to secure payroeot of said promissory note and obleptioa rhetha the whok annum shall have been advanced to the Mortiaior at rte date hereof, or at a later due, dad to secure any abcr annum or amounts shat may be added to the mortisie indebtsodaess under the terms of this inurement; this maniaie secures a principal debt as set out in the note sacred hereby, asd shall also be security :a day aha debt due or adraotxs received by the Mortiaia from she Mortiaia durini the tam hereof asd as sa-urity for all indebtMtsess that may hereafter be due, owitti or existini from the Mortittior to the Moniaia dwiai the existence of this snartiaie and day renewal a reonrals of ooteor saes fa said present or futwe isdebtedstess. 1:. If forecbwre prootedinis of soy saosd mortiaie or any woad trust dead or lien of any kind should be intituted, the Mortiaiee may at its opion tmmeduiely. or thereofter, detect this martpie and the indebtedness sauced hereby due and payabk. - 11. To the extent of the itdebtedness of the Mortiaior to the Mortiaice described herein or sacred hereby the Mortiaiee is hereby subropted to the lien a liens and to the riiltts of the owners and holders thereof o(each and every tstoniaie, Tien a other etscstmbraetoe on the land destibed 6ereia which is paid and/or satisfied. in w hok or in pars. ow of the proaals of the boa described herder of secured 6atby, and the respative lice of said sttorgaies, liens a aba etsnunbraaca, shall be and the same dad each of them hereby a preserved std shall pass w and be hebt by the Mortiaia herein as security for the istdebtedssera w the Mortiaiee herein described or hereby secured, a the same tuesw tbu it would have been presgved dad would hart been passed to sad been held by the Mortpiee had it been duly and reiuhvly assiiaed, tranfared, sa over std delivered by the Mortiaiee by separate dad of assiinmeat, notwitbstaadiairhe fora that she same may be satisfied dad canedkd of read. it trial the imemion of the parties haao than the same will bt satisfied dad anoelled of record by the holders hereof u a abort the time of the «cordiai of this atortiaie. t 14. That if any deice, or proccedisi, shall be eaatntoced by day Patna aba than the bdda of this mortiaie (excep an salon to foredox this mortpie, or to cdkct the debt sacred hereby) to rkth anion, or proceeditrs, the holds of this mortisie is suede a parry, a is which it shay tease necessary to defend, or uphold, the lien of this mortiaie, all wtas paid by the holder of this ssortisie for the expense of day htiiatian to prostavte, a defend the riiMs aavl lien aeattd by this tnortiaie (includini reasonable oouasd feed), shall bcpard by the Monpior, Ioiaher with interest thatoo at the maximum kpl rate of interest, dad asy such sum, aM she imerest tlacrtan, shall be a claim upon said premise, utachiai, or stxruiai, subsequent to the lice o[ this mortiaie, dad shall be deemed to be sawed by this sttortiaie and by the sate that it secures. In am anion. or protxredigi, to foreclose tba sssortiait, a to recover, or collect, the debt severed thatby, the provisiau of law rerpeaisti the recovery of costs, disbursements and a4orances shag prevail, uaatfattd by this asvenaat. ~ IS. If day asnouot required to be paid Aaeuada is not paid within 10 days of the date it is due and payable dad Mortisiee does nor elect to accelerate Pay mcm of the unpaid principal 6ahusce, Mortisior dicta to pay a bye duiese of 2Sti of the past due isntalment paymem or papsseats upon demand rhich shall be secured by this moniaie. 16. It is spaifially airtsed tlut time is of she essence of this mortiaie sad that ao waiter of any obliLstion baeuader a of the obliption secured hereby shall a any ume be btld to be a waives of the tams tarot a of the aprutttettt secured batty. - - BQOK 341 PAGE 142 - - _