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HomeMy WebLinkAbout2869 ~ _ , . . ' ~ ' ' 3 t t provided for tomes due, and shall with the interest thereon be accured by these prcacnta; but by the paqment ` of any sum hcreundee the mortgagct wilt not be hcld to have waiv~d any right accruing to it bccausr of non- ` ~ s payment ehtreof bq t he mortgagora. ` To waive the benefit of all homcsttad cxcmption or cxemptione a~ to alt amounta securcd herebq. , ~ 9. To p~rrform. tomply with and abide by eath and cvecy tht atipulatiaas~ agreemente, condition: and covtnants in said promissory note and in this decd aet forth. . ~ 10. That granting any extensian or cxeensions of the tinte of paymtnt of the aforesaid note~ ar waiver of or failure to exercise the right to mature the whole debt shall not affect the lien hereof oc tt~c rights of ` the mortgagee htreunder or operate as a reteast from any liabitity on said note or this mortgage; and further ; that acceptance of part payment of any installment of principal or interest, or of ~art performance of any ; covenant, or delay for any petiod of time in exercising the optidn to mature the ent~rc debt, ahall not opeca• ~ ate as a walver oF the right to exercise such option on account of such defau[t~ or any subsequent default. ` , ~ ' II. If any of said sums of money hetein referred to be not promptty and fully paid within thirty : _ E days next after the same severally become due and payable, or if any ,and every the stipulations, agceements. ' ~ tonditions and covenants of said promissory note and this deed, or either~ are not duly performed. complied ' ; with and abided by~ the said aggregate sum mentioncd in said promissory note then remaining unpaid, with ~ ; interest atcrued to that time, and ali moneys setured hereby, shall become due and payable forthwith, ot ; ~ thereafter~ ac the option of said mortgagee, as fully and completely as if alt of the said sums of money were ~ ; ` originally stipulated to be paid on such day. anything in said note or in this morigage to the contrary not- ~ withstanding; and thereupon or thereafter~ at the option of said mortgagee~ without notice or demand, suit at law or in equity~ may be pmsecuted as if all moneys secured hereby had matured prior to its institution. ~ The mortgagee may foretlose this mortgage, as to the amount so declared due and payable, and the said ~ : prPmises shall be sald to satisfy and pay the same together with costs, expenses, and allowances. In case-of ; ~ partial foreclosure of this mortgage, the mottgaged premises shall be said subj~ct to the continuing lien nf ~ this mortgage for the amount of the debt not then due and unpaid. In such case the provisions of this para- : graph may again be availed af thereafter from time to time by the mortgagee. ~ 12. No waiver of any covenant herein or of the obtigation sccured hereby shai! at any time theceafter : be hetd to be a waiver of the terms hereof or of the note secured hereby. ~ In the event of default in any particular as herein provided, or should fortctasure procetdings be inati- " ~ - tuted hereunder on account of any breach or violation of any one or more of the covenants herein, it is - coeenanted and agreed that the mortgagee. its successors, legal representatives or assigns, shall immediately ~ be entitled as a matter of right and without regacd to the value of the premises or of the personal property ~ . herrinabove described, or the solvency or insolvency of the parties. and withoue r.otice to the mortgagors, to ~ the appointment of a receiver for the mortgaged premises, and the rents, issues and profits thereof, with the ~ ~ usual powers of receivers in such cases. and the said mortgagors consent that during such receivership the said receiver may be continued in possession of said premises during the pendency of any foreclosure, and until • the time of sale thereof os thereunder, and until confirmation of said sale by a court having competent juris- . ; idction. - { ~ It is understood and agreed ihat the mortgage.e may at any timt, vaithout notice to any person, ~ } grant to the mortgagors any indulgentea or forebearance, qr any.extension af time for the payment of any indebtedness secured hereby, or allow any change or changes, subst~tution or subst'stutions of any of the prop- erty described in this mortgage or any othec tollateral which may b~ held by the mortgagee withou[ in any ~ ~ manner affecting the liability of tht mortgagor, any endorsers of the indebtedness hereby secured or any othec ~ person for the gayment of said indebtedness. togethec with interest and any other sums which may be due ~ and payable to the mortgagee. and also without in any mannee affecting or impairing the lien of this mort- r ' gage upon the remainder of the progeRy and other collaterat which is not changtd ar substituted; ~nd it is t also understood and agreed that the mortgagee may at any time, without notice to any person, release any ! portion of the property described in this mortgage or any other collateral. or any portton of any other col- i lateral which may be held as security for the payment of the indebtedness hereby secured~ either with or ~ without any consideration foc such release or releases, without in any manner affecting the liability of the ; mortgagors, alt endorsers, if any. and att other persons who are or shall be liable for the payment of said - f indebtedness, and without affecting, disturbing, or impairing in any manner whatsoever the validity and ; priority of the lien of this mortgage for the- full amount of the indebtedness remaining unpaid. together with ~ all interest and advances which shall besome paqable, upon the entire remainder of the mortgaged property ' which is unreleased, and without in any r~~anner affecting or impairing'to any extent whatsoever any and ~ all other coIlateral security which may be heid by the mortgagee. It is distinctly understood and agreed by ; the mortgagors and mortgagee that any release or nleases may be made_ by the mortgagee without the coa- ~ sent or approval of any other person or, persons whomsoever. . ~ The rnailing of a writtcn ndtice or demand addtessed to the owner of record of the mortgaged pcem- ~ ises, or directed to the said ownee at the last addreas= actually furnished to the mortgaga, or if~ none. directed ~ to said owner at said mortgaged premises, and mailed by the United States maits, postage prepaid. shalt be sufficient notice and demand in any case arising under this instrumen[ and required by the provisions hertof i or by law. . ~ Thc covenanta henin contained shall'bind. and the benefits and advantages shall inure to. the rzspative ~ : ~ heirs, executora, administrators, successors, aad assigns of thr partiea hereto. Whentver used, tbe singular : number shall include t6e ~lural. the plunl the singular and the ust of any gtnder ahall in~lude all gendera ` ~ and the term "mortgagct ' shal! intlude at~y ~ayee of the indebtedntss hereby seeured ar any transferee ' thrreof whether by opcration of law or otheewsse. - ' All interlineations and erasures henin wcre made prior to exaution by tlx mortgigora, : ; IN WITNESS WHEREOF, tht aaid mortgagota have hereunto aubstribed thtir names ~nd aH'ixed their ~ 6cale, the dax and year first abovt written. . ~ Signed, aeated and delivered in tht greasnee of: . . .~x-~-~.~u.'~°___~- --~-~--t _ ~`r~t f1. ~;2 i (Seat~ ~ " Z'_ ~ o ~n Broder ' t • ..(Seai) i _ (as to a11 parties) J',~ H~~der i~U~ . ~ ~ U ! _ , ~ • ~