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every of which, it being expre8sly understood, is hereby mortgaged as if
apecifically set forth and described in the granting and habendum clauses
hereof, and such receiver, shall have all the broad and effective functions
and powers in an}?Wise entrusted by a court to a receiver, and such appoint-
ment shall be made by such court as an admitted equity and a matter of ab-
solute right to said Lender, and without reference to the adequacy or in-
adequacy of the value of the property mortgaged or to the solvency or in-
solvency of said Borrower or the defendants, and that such rents, profits,
it~come, issues, and revenues ahall be ~pplied by such receiver according
to the lien of this Mortgage and the practice of such court.
7. Breach. That (a) in the event of any breach of this Mortgage or
default on the part of the Borrower, or (b) in the event that any of the
sums of money herein•referred to be not promptly and fully paid without de-
mand or notice, or (c) in the event that each and every one of the stipulations,
agreements, conditions, and covenants of said Note and this Martgage, 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 pay-
able forthwith, or thereafter, at th~ option of said Lender, as fully and
completely as if all of the said sums of money were~originally stipulated to
be paid on such day,.anything in said Note or in this Mortgage to the contrary
notwithstanding; and thereupon or thereafter, at the option of said Lender,
without notice or demand, suit at law or in equity, may be prosecuted as if all
moneys secured hereby had matured prior to its institution. The Lender 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 Property shall be sold sub~ect to the continuing lien of this Mortgage
for the amount of the debt not then due and unpaid. In such case the provisions
af this paragraph may again be availed or thereafter from time to time by the
Lender.
8. No Waiver. That 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 secured hereby.
9. Eminent Domain. If at any time all, or any portion, of the Mortgaged
Property shall be taken or damaged by condemnation proceedings under the power
~ of eminent domain, all compensation awarded or otherwise paid shall be paid
; directly to the Lender and applied on the indebtedness hereby secured.
;
10. Default. That if the Borrower defaults in any of the covenants or
agreements contained herein, or in said Note, then the Lender may perform the
same, and all expenditures (including reasonable attorneys' fees) made by the
Lender in so doing shall bear interest at the highest rate allowable by law, and
shall be repayable immediately and without demand by the Borrower to the Lender, ~
and, together with interest and costs accruing thereon, shall be secured by this ~
Mortgage. It is further agreed that any sums, including without limitation
payments of principal and interest on said Note, which shall not be paid when ~
due whether maturing by lapse of time or by reason of acceleration under the i
provisions herein stated, shall bear interest at the highest rate allowable by
law and shall be secured by the lien of this Mortgage.
11. Consent to Transfer. In the event the Borrower, without the prior
written consent of the Lender, (a) shall sell, convey, transfer (or shall con-
tract to sell, convey or transfer in exchange for installment payments) the
Mortgaged Property or any part thereof or any interest therein, or (b) shall the
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