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HomeMy WebLinkAbout0423 . . ~ i 1 f :i. If tli~~ tutili ~~f tli~~ ~~:t~'uu~nt~ mt~~lc~ I~~• tlu~ \lurt~u~;ur :in~i~~r of ~~:trt?~;t~itE~l? pr~~~•r~iin~; s}?ull rxre~~~l ~ ~ . ~ - - ' - - - : .i llll' illlllllllll til ~iti~iili'iiiti ti~ iiiii111 lilii~ii` ii~ iiii' .ii~ii iiif~i~i ~ ~iii~ ~:~~jiiii:i :::.i:.-+ u~.. a:.-~.~.-+.:- - 'c~- - :incr prrn~iums, ns tl~r ~•:ts~~ ma~~l,~~, su~•i? rx~~~~ss sl~all i?~~ ~~Pt'lllll't~ O11 311I)Sl'(iUl'l1I ~)ll~'Rl('11~3 to~l~~~ ina~i~~ l~~~utl« \tort~;agor f~?r su~•h itrm:: ur,~~.i ~tort~;i~~;~~t~'s oEitic?n, :~L:?11 lie r~~fun~lr~i to \1ort~;agc,r. It, lu~wr~•~~r, su~+h montlilv pii}•inrnt:: sluill not L~~ stittici~~nt tu piti~~ sucli ii~~nis whr~i lh~~ Silill(? she~ll 1~~~~~~?m~~ ~lu~~ :uui pu}~:~bl~~, th~~~i 6ii~~ ~tort~;~~~;or sh~~ll pn~' to th~~ ~fort~i?~;~~~~:iii~~ timoi~tit. n~~c~~~.a:ir~~ t~ ni~tk~ i~p th~~ ~lrfici~~r.cy. ~uc•l~ pi?~'1I1P111 :~j1t1II 1,~~ rnad~~ ~~•ithin tl?irty (;ill) ~1:~~~s ~ift~~r ~~~rilicn notic~~ G•om t~u~ ~1oN~;~i~cr st:~lit~g tl:r umoitnl of th~ ~l~~fici~~ny, ~~•l~i~~li ~iotier tii~?~• hi~ ~iv~~n b~• m~til. If itit n~i~• tini~~ tL~~ \inr~~;~?~;o,• slis~ll t~~n~irr tc? llie ~[orlti~~~r~~ i~t itccor~l- ance ~~'ll~l l}1P pro~~isions o! thc~ not~~ s~~c~ured h~~r~~l?y, full p,~~•iu~~nt oi thr ('11I11't` inil~~l>t~~~iti~ss mpr~~srnte~l thrr~~by, tl?~~ ~tort~;n~~~e sli~ill, in aomputing th~ amount of surli indcbt~~ln~~sg, c~r~~~tit t~i tlu~ acc~ount c~t t.l:~ ~fort~iti~or ~uiy~ cmdit. b:~l;inc~~ remi~inin!? i~nil~~r the provisions i~f (~ti) of s~lid pi~r+~~;ri~ph IP lh~~r~~ sltull l~c~ a~i~fii»It. ~utcl~~r ati}• of th~ provisions of tl~is niort~;i?ge result i»g in n~~ui~li~~ ,~~1~~ o[ th~~ pr~~mi,~,~ ~•o~~~~r~~~l h~~r~~b~•, or if tlu~ ~fortgagc~o acquires ih~ proport~~• otherwisr nfter def~iult, the ~~ort~?a~;ec shnll appl~-, nt ihe tiu~t~ of tl?e commrncentont of suc•li proi~ec~lings or :lt tl~~~ time th~ propert~• is oth~•nvis~~ nequirnd, thr anioiuit tlu~ii r~~~nainin~; to cr~Ylit• oi 1~tlit~il~;0[ iitl(~ii' ~i~} cl~ ~)iiPil=;i'ilj)~1 ~ j)Pc'i'~itiii~ ti3 il i'P~i~i~ t)ft ttii ltltf Ti': i ttt'i'i'tl(=i~ fltiii ttIij~Rli~ t=22t~ 1~1C 1}2~~RI2L`P 10 tI1P ~)flI1C1}~ill ~IIPR PMllilllllll~; llll~)i1IlI OIl Si11tI 110~E'. 4. IIe ~vitl pay all ta.r•es, a.~n2ents, Rater rate~, and other go~~ernm~nt.al or municipal eharges, fine~, or impositions, for ~vhich pro~~sion hxs not been made hereinbefore, and in de(ault thereot the i~~ortgagee may pay the sAme; and that he will promptly deliver the official recziptc+ therefor to the Mortgagee. 5. He ~vill permit, couinut, or suf~'er no weste, impairment, or deteriornt.ion of said property or t?ny part thereof, except musonnble wenr and tear; and in the event' of the. failure of the hiortgagor to keep the buildinga ou aaid pmmises nnd t.hose to Ue erected on said premise.s, or impmvements t.hemon, in good repair, the Niortgagee may mal:e such repAirs as in its discretion it may deem nec~saary for the proper preservation thereof, And the full amount of each and every such payment ahnll be due and payable thirty (30) days after demand, and ahall be secured by the lien of this mortgnge. 6. He will pa~~ all and singular the costs, ~harges, and expenses, including reasonable lawyer'a feee, and costa of abstracts of title, incurred or p~id ut any time by the Diortgagee bect3use of the failure on the part of the 141ortgagor promptly and fully to perform the agreements and covenants of said pmmissory note and thia mortgage, and said costs, charges, and expenses shnll be immediately due and p~yable and ahall be secured by the lien of this mortgage. 7. Ho ~sill continuously msint.ain hazard insur~nce, of such type or tspas and amounts as Mortgagea may from time to tima require, on the unprovements now or hereafter on said premises, and ercept `vhen pasment for all such premiums ht~,s theretofore been mado undor (a) of para~raph 2 hereof, he will pay promptly when due any premiums therefor. All insurance shall be carried in companies approved by Ilfortgagee and the poli- cies and renewals thereof shnll be held bs Mortgagea and have attached thereto lo~s'payable clauses in favor of and in form acceptable to the ~Zortgagee. In event of loss he w~ill givo immediate notice by mail to 111ortgagee, and :~iortgagee mny maka proof of Ioss if not mado promptly by Mortgagor, and each insurance company concerned is hereb authorized and directed to mnke pasment for such loss directly to Iilortgage~o instead of to biortgagor and ~~ortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by Mor~ g~gee at its option either to tha reduction of tho indebtedness hereby secured or to the restoration or repair of 4he property dama~ed. In event of foreclosura of this mortgago, or other transfer of title to the mortgaged ~mperty ~.n ext.inguishment of tha indebtedness secured hereby, all right, title, and interest of the Mortg~gor m and to an3~ insur~iice policies then in force ahall pass to the purchasar or grantee. 8. 7'he b~Iortgagee may, at any time pending a suit upon this mortgage; apply to the court having jurisdiction thereof for the appointment of a receiver, and auch court shall forthwith appoint a receiver of the premises covered hereby all arid singular, including all and singular the income, profits, issues, and revenues from whatever source deriyed, each and every of which, it being expressly understoal, is hereby mortgaged as if specifically set forth and described in the granting and hatzendum clauses hereof. Such appointment shall be made by such court as an admitted equity and a matter of absolute right to axid Mortgt~gee, and without reference to the adequacy or inadequacy of the ~-glue of the property mortgaged or to the solr,-ency or insolvency of said DZortgagor or t'~e defendants. Such rents, profits, income, issues, and revenues shall be applied by such receiver according to t.he lien of thia mortgage and the practice of such court. In the event of any default on the part of the Mortgagor hereunder, the Mortgagor agrees to psy to the Mortgagee on demand as a reasonable ffionthly rental for the premises an amount at least equivalent to one-twelfth (~2) of the aggregate of the twelve monthly installments pAyable in the then current year plus the actual amount of Lhe annusl taxe.g, assessments, water rates, and insurance premiums for such year ~ not corered by the aforesuid monthly pa~~ments. 9. In tne event of an,y breach of this mortguge or default on the part of the riortgagor, or in the event that any of said sums of money herein referred to be not promptly and fully pAid accordi~g to the tenor hereof, or in the event that each and every the stipulations, agreements, conditiona, and covenants of said note and this mortgage, are not duly, promptly, and fully performed; then in either or any such 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 said aums of money were originally stipulated to be paid on such day, anything in sxid note or in this mortgage to the contrary notwithstanding; and thereunon or thereafter, at the option of said Mortgagee, without notice or demand, suit at la~ or in equity, may be prosecuted as if all moneys secured hereby had matured prior to its institu- tion. The D~iortgagee 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 ahall be sold subject to the cont.inuing lien of this mortgage for the amount of the debt not then due and unpaid. In such case the provisions of this pamgraph may again be availed of thereafter from time to time by the ~fortgagee. 10. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereof or of the note aecured hereby. 11. The lien of this instrument ahall remain in full force and effect during any postponement or ext~neion of the time of payment of the indebtednQSS or any part thereof eecured hereby. 12. If the Mortgagor default in any of the covenants or agreementa contained her~in, or in said note, then the Mortgagee may perform the same, and all expenditures (including resaonable attorney'a feea) made by the Mortga~ee in so doing shall draw interest at the rate provided for in the principal indebtedness, and shall be repayable thirty (30) days after demand, and, together with interest and costs accrued thereon, shall be secured by this mo. tgage. 13. Upon the request of the rlortgagee the Mort.gagor shsll executo and deliver a supplemental note or notes for the sum or sums advanced by the ;liortgagee for tha alteration, modernization, improvement, main- ~ tenance, or repair of said premises, for taxes or a~Gessments against the same and for ~ny other purpose author- ized hereunder. Said note or notes shall be secured hereby on a parity with and as fully as if the advance evidenced thereby were included in the note first described above. 5sid supplemental note or notes shall hear interest at the rate provided for in the principal indebtedness and shall be payable in ap pro~imately equal ' monthly payments for such period as mRy be agreed upon by the creditor and debtor. Fail"ing Lo agree on the maturity, tha whole of the sum or sums so advanced shall be due and payable thirty (30) days after demand by the creditor. In no event~ shalt tho maturity oxtend beyond the ultimate maturi~y of the note first described above. . Duuh