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HomeMy WebLinkAbout0340 TO HAVE AND TO HOLD the above described property unto the Mortgagee, its successors and assigns forever. The Mortgagor hereby covenants with the Mortgagee that the Mortgagor is indefeasibly seized with the absolute and fee simple title to said property, and has full power and lawful authority to sell, convey, transfer and mortgage the same; that it shall be lawful at any time hereafter for the Mortgagee to peaceably and quietly enter upon, have, hold, and enjoy said property, and e~~ery part thereof; that said property is free and discharged from all liens, encumbrances, and claims of any kind, including taxes and assessments; and that the Mortgagor hereby fully warrants unto the Mortgagee the title to said property and will defend the same against the lawful claims and demands of all persons whomsozver. NOW, THEREFORE, the condition of this mortgage is such that if the Mortgagor shall well and truly pay unto the Mortgagee, ttie indebtedness evidenced by that certain pro- missory note, of even date herewith, made by the Mortgagor and payable to the Mortgagee, in the principal sum of ONE MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS (y1,830,000.00) together with interest as therein stated, and shall perfor.m, comply with and abide by each and every stipulation, agreement, condition and covenant contained and set forth in this mortgage and in the promissory note secured hereby, then this mortgage and the estate hereby created shall cease and be null and void. AND the Mortgagor does hereby covenant and agree: 1. To perform, c~mply with and abide by each and every of t~e stipulations, agreements, conditions and cov- enants contained and set forth in said promissory note and this mortgage deed. 2. To permit, commit or suffer no waste and to main- tain the improvements at all times in a state of good repair and condition; and to do or permit to be done to said pre- mises nothing that will alter or change the use and char- acter of said property or in an;~ way impair or weaken the security of this mortgage. And in case of the refusal, neglect or inability of the Mortgagor to repair. and maintain said property, the Mortgagee may; at its option, make such repa~rs or cause the same to be made, and advance moneys in that behalf. 3. To pay all and singular the taxes, assessments, levies, liabilities, and obligations of every nature on said described property each and every when due and payable ar~nr~in? tn la~j hPfnrP thPV hP~nme ~Plin~i~Pnt; an~ t~ deliver to the Mortgagee on or before March 15th of each year tax receipts evidencing the payment of all lawfully imposed taxes for the preceding calendar year; to indemnify the Mortgagee upon its demand for all taxes, aGsessments and charges that may be assessed upon this mortgage or the indebtedness secured hereby, and paid-by the Mortgagee, without regard to any law heretofore enacted or hereafter to be enacted imposing payment of the whole or any part thereof upon the Mortgagee. 4. It is further covenanted and agreed by said par- ties that in the event of a suit being instituted to fore- --•close this mortgage, the Mortgagee shall be entitled to apply at any time pending such foreclosure suit to the court having jurisdiction thereof for the appointment of a rec- eiver of all and singular the mortgaged property, and of all rents, incomes, profits, issues and revenues thereof, from whatsoever source derived; and thereupon it is hereby ex- pressly covenanted and agreed that the court shall forthwith - 2 - ~~~~ 35~ F~ ~