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HomeMy WebLinkAbout2783 repair of said property, or an increase in the amount of security, or the immediate repayment of the debt hereby secured, and the failure of the Mortqagor to comply with said demand of the Mortqagee for a period of fifteen (15) days, shall constitute a breach of this Mortgage, and at the option of the Mortgagee, immediately mature the entire amoiint of principal and interest hereby secured, and the Mortgagee, immediately and without notice, may institute proceedings to foreclose this mortgage and apply for the appointment of a Receiver, as hereinafter provided. 5. To perform, comply with and abide by each and every the stipulations, agreements, conditions, and covenants in said promissory note and this mortgage set forth. 6. To deliver to the Mortgagee, on or before February 1 of each year, tax receipts evidencing the payment of all lawfully imposed taaes upon the mortgaged property for the preceding calendar year; to deliver to the Mortgagee receipts evidencing the payment of all liens for public improvements within ninety (90) days after the same shall become due and payable, and to pay or discharge within ninety (90) days after due date, any and all governmental levies that may be made on the mortgaged property, on this Mortgage or note or in any other way resulting from the mortgage indebtedness secured by , this mortgage. I 7. To pay all and singular the costs, charges, eapenses and lawyer's fees including appellate proceedings, incurred or paid at any time by the Mortgagee, because of the failure of the Mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said promissory note and this mortgage or either regardless of whether or not legal proceedings are initiated, and every such payment shall bear interest from date at the.highest rate permitted by law. 8. That if any action, or proceeding, shall be commenced by any person other than the holder of this mortgage (eacept an action to foreclose this mortgage, or to collect the debt secured thereby) to which action, or proceeding, the holder of this mortgage is made a party, or in which it shall become , necessary to defend, or uphold, the lien of this mortgage, all sums paid by the holder of this mortgage for the eapense of any ! litigation to prosecute, or defend, the rights and liens ' created by this mortgage (including reasonable counsel fees), shall be paid by the Mortgagor, together with interest thereon, at the highest rate permitted by law, and any such sum, and the ~ interest thereon, shall be a claim upon said premises, and f shall be deemed to be secured by this mortgage. The sums paid ~ by or incurred by the holder hereof in accordance with the terms of this paragraph, shall be paid by the Mortgagor unto ! the holder hereof within thirty (30) days, and the failure or ~ omission of the Mortgagor so to do shall entitle the Mortgagee ; to add such sums to the principal indebtedness of this mortgage ~ and the note it secures, and/or at its option declare this ~ mortgage and the note it secures to be in default, thereupon ~ maturing all of the unpaid indebtedness including the sums ~ advanced hereunder. ~ ~ 9. That no eatension of the time or modification of the terms of payment hereinabove, and no release of any part or parts of the mortgaged premises, ever_ though made without the consent of the Mortgagor shall release, relieve, or discharge the Mortgagor from the payment of any of the sums hereby secured, but in such event the Mortgagor shall nevertheless be liable to pay such sums according to the terms of such extension or modifications unless specifically released and ~ discharged in writing by the Mortgagee; and furthermore, that ~ acceptance of part payment of any installment of principal or ~ R ~ ~ ~ -3-. ~ ; BOGK~~~ P,,~~2783 ~ ~ ~ - - - - - - - - - - - ~ ~ ~ ~ '~~~~~~R