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HomeMy WebLinkAbout1718~end~r to tl-e ;~lortgagre in accurJanre witl~ the provisiona o~ tlie note securrd I~ernL~•, full pa~•uienl ot tl~e enl,ire i~debtedness represented the~eb~•, the vlortgagee, as trus~ee, st~all, in cou-puting thP amount ot sucli indebteJness~ creclit to tl~e account of tlie ~iort guKdr ut~~ credit balunce re~naininy~ under the pru~•isiuus o( (a) o[ asid paragraph 2. !f there shaA be a default under any o~ tlie provisions of this n~ortga~e resulting in a public se-le of the preuii4r~ covered i-ereb~•, or it the hlortgagre acywres tiie property otiierwisP aftc~ detault, the hlortgagee, as trustee, ahall apply~ at the tune of the couuiiencement ot suclt proceedinga or ut tlie ti~ne the property ia oti~erwise acquired, the suiount t1~en rrn-ainin~ tu ~•rr~iit ut L1u~tKu~ur uu~i. r(a) r-f parngrap}~ 2 preceding t~a a credit on the interc~st accrued and unpaid and tl,e balance to the principal ttu•n rnu~aininR unpaid on said note. 4. He wiU psy all taxee. aeeeasmeata~ water rstea and other governmental or municipal chargee, 6nes, o~ impoeitions, for which provision has not been made hereinbefore~ and in detault thereof the Mortgagee may psy the same; and the-t he will promptly deliver the o~cial rece~pte tberefor to the Mortgsgee. 5. He will permit, commit~ or suPter no ~vaate, impairment. or deterioration of eaid property or any pert thereot, e~ccept reasonable wear snd tear; and in the event of the failure of the Mortgagor to keep the bald-ngs on ee-id premiae8 and t6oee to be erected on eaid premieea. or improvementa thereon, in good repair~ the Mortgagee may mske~such repairs se in ita discretioa it msy deem neoeeeary tor the proper preecrvation-thereof~ and the full smount of each and every euch payment ahall be due aad payable thirty (30) dsye stter demand, sad e6all be eecured by the lien of this mortga,ge. 6. He will pay all and aingular the coeta, chargee, ~-nd expeneee, including reaeonable lawyer'e fees~ and coete of abetracte of title, incurred or paid at any time by the Mortgagee becauee of the failure on the part of the Mortgagor pmmptly and fully to pedorm the agreements and covenanta ot eaid promissory note and thia mortgage~ and esid costa~ chargee, and expenses ahall be immediately due and payeble and shall be eecured by the lien of this mortgage. 7. He will oontinuously maintain hazard insurance, of such type or types and amounta as Mortgagee map imm time to time require, on the improvements now or hereaiter on said premises, and eacept when payment tor all such premiums=6as theretofore been made under (s) oi pa~agrsph 2 hereof~ 6e will pay pmmptly when due any pre~uums therefor. All in~urance shall be carried in companies approved by 111ortgagee and the poli- cies snd renewals thereof shnll be held by ~fortgagee and 6ave attached thereto loss payable clausee in favor of and in form acceptable to the Mortga~ee. In event oi loss he will give immediate notice by mail to Mortgagee, and L1orLg~~e may make proof of ~oss if not made promptly by vi~rtgagor, and ea~h ina~~rence c~mgwnp ooncerned is 6ereby~suthorized and directed to make peyment tor suc6 loss directly to hZortgagee instead of to Niortgagor and Mortgagee jointly, and the insurance proceeds, or any patt thereof~ may be applied by Mor~ gagee at its option eit6er to t6e reduction of the indebtedness hereby secured or to tbe restoraWon or repair of the property dama~ed. In event o! foreclosure of this mortgage or other trenster oi title to the mortgaE-ed propert,y in extingwshment of t6e indehtedness secured hereby, a~l right, title~ and interest of the Vlortgagor w and to any insurunce policies then in force shell pnsa to t6e purchaser or grantee. ft. I( lh~~ pr~•n-is~~, or un~- part th~•r~•of, b~• ~•on~l~•nim•d un~l~r th~ pow•c•r of ~•~uiu~~nt ~lou~.un. ~-r:-~•yuirrd for a~ubli~• us~~. ih~~ ~laniuk~•s ~w'ard~~d, ih~• pro~•~~~•~ls for th~~ titkink of, or th~• ~•~-nsid~~rution for w~•l~ u~•~~u-s~tion, t~~ thc• ~•xtc~nt of thc~ full un~ount of ilu• rt~n~~iinin~- unpui~l iu~li•bt~~~ln~•.s s~•run•d 1-~- tl~is uiort~uK~~, am li~r~~b~- u~~i~nt~~i to th~• ~iort~a~~~~, un~l hi. h~~it~ ~~r ussi~-ns. un~l ~h:-II h~• pi~i~l f~-rthw•ith to sai~l \t~~rtkak~~r or I~i.~ as~irv,n~~ t~ 1-r ap~-li~•~1 nli A~•rmn~t uf th~~ Ili,t IIIAIII~IIIr iustullnu~nts ~-f ,u~•h ind~~bt~~Jn~~~s: pro~~i~i~~~l. lu~~~•~•~•~r, tl-c~ ~lort~:-~c~~ or 1-is :-s.siKn~•~•, n~u~- ut i~is dis~•r~•tiu~- 4n~~- ~kn•~•1 to th~~ ~fort~;u~;or. his h~~ir~ ur S1~~IQ!I15 illl\' OR~l or ull oF su~•h u~card; pro~ i~lt~d. thut if th~• luun is ~:u:-r.int~•~•~I or insured, tl~~ ~•ons~~nt of th~~ Ku.~rant~~r or insur~~r is obtain~~d in adti•anc~ of ,ai~l pu~-nu•nt. '.1- The ~iortgagee may, at any time pending a suit upon this mortgage, apply to the court having jurisdiction t6ereof for the appointment of a receiver~ and such court shall forthwith appoint a receiver ot the pmmises oo~ered hereby all and singular~ including all and singular the income, pro6ta, isguee~ and revenues from whatever source derived, each and every of which, it being expressly undecstood, ia hereby mortgaged as if apeci6cally set (orth and described in the granting and habendum clauses hereof. Such appointment shall be made by such coar*. as an admitted equity and a matter of absoluie right to said 111ortgagee, and without reterence to the adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said Alortgagor or the defendanta. Such rents, profita, income~ isgues, and revenues shall be applied by such receiver according to the lien of this mortqage and the practice of auch court. In the event of any default on the part of the Mortgagor hereunder, the Mortgagor agrees to pay to the ~iortgagee on demand as a reasonable monthly reatal for the premises an amount at least equivalent to one-twelith (~2) of the aggregate of the twelve monthly installments payable in the then current year plus the actual amount of t6e annual taxes, assessments, water ral,es, and insurance premiama for auch yeat not covered by the eforesaid monthly payments. 10. In the event of any b-each of this mortgage or default on the part of the Mortgagor; or in the event that any of said aums of money herein referred to be not promptly and"fully paid accorciing to the tenor hereof~ or in the event that each and every the atipulations, agreements, conditions, and covenanta of said note and this mortgage, are not duly~ promptly, and fuUy performecf; then in either or any such event, the said agqregate sum mentioned in eaid note then remaining unpaid, with intrrest accrued to that time, and all moneya secured hereby, shall become due and payable forthwith, or thereafter. at the option of said bfortgagee, as fully and cou:pletely as if all of the eaid sums of money were ori~nally stipulated to be paid on such day~ anything in said note or in this mortgage to the contr~ry notwithstaoding; and thereupon or thereafter. at the option ot said h~ortgagee, without notice ~r demand, suit at law or in equity, may be prasecuted as if al) moneSs secured hereby had matured prior to its institu- tien. The titor~gagee m~y f~recl~ cniR mort~r~e, A.4 LA L~1P. BiilOl111L RO (~P.C~SM(I (~llP. SDt~ ~SYAhIP.~ and the w-id premisee shall be sold to satisfy and pay the sume together with cosls, expenses, and allowances. In case of partial foreclosure of thia mortgage, the mortgaqed pmmisea shall be sold subject to the continuing lien of this mortgage for the amount of the debt not then due and unpaid. In suc6 case the provisiona of this paragraph may again be availed of thereafter from time to time by !he ~iortgagee. 11. No waiver of any covenant herein or of the obligation secured hereby shall st sny time thereafter be held to be a waiver of the terma hereof or of the note secured hereby. 12. The lien of thia inbtrument ahall remain in full force and effect during any postponement or extension of the time of payment of the indebtednesa or sny part thereof eecured hereby. I:i_ If the Mortgagor default in any of the covenanta or agreemente contaiaed herein, or in said note, then the Mottgagee msy perform the same, and all exp~nditures (including reasonable attorney's fees) made by the MortqaRee in so doinK shall draw interest at the rate pro~•idcd for in the prin~ipnl ind~bte~ln~ss. and shall be r~pa}•able thirt,y (30) da~•s after demand, anJ, together with interest and costs accrued tl~ereon, sLall be secured by this mortgage. 14. Upon the request of the Viort~a~ee the ~iort~a~or shal) execute and cleliver a supplem~ntal note or notec for the sum or sums acl~anced Dy the ~lortga~;ee for the alteration, modernization, impro~cm~nt, main- tenance, or repair of said premises, for taxe~s or as.~essm~nts a~;ainst ti~e same and (or ea~• other purpose author- ized hereunder. Said note or notes shall be secured hereb~ on a parity with and as fully as i( the aJ~•ance evidenced thereby were incluJed in t,he note firsl deseribed atwve. Said siipplem~ntal not,P or notes shall bear interest at the rate provided for in the principal indebtedness and shall be Pa~•able ~n approximaleh• equa) monthly psy ments for such period as may be e~reed upon b~• the creclitor and ~Icbtor. Failin~ to agrec on the msturity, the whole of the sum or sums so ad~•anced shaU bc due and pa~•ablc thirtt (30) da~s aftrr dcmand by t,6e creditur. In no event shall 6he maturit}• excend beyond e6e ultimate r.~aturity of t6e n~t.e first described above. ~~~~350 ~~~y~171fi