76000263 - Laserfiche WebLink

Browse

7 1� " 000269 11 ) It and so long as said note of even date and this instrument are insured or are reinsured under the provisions of the National Housing Act, an amount sufficient to accumulate in the hands of the holder one ( I ) month prior to its due date the annual mortgage insurance premium in order to provide such holder with funds to pay such premium to the Secretary of Housing and Urban Development pursuant to the National Housing Act. as amended . and applicable Regulations thereunder; or (II) If and so long as said note of even date and this instrument are held by the Secretary of Housing and Urban Development , a monthly charge fin lieu of a mortgage insurance premium) which shall be in an amount equal to one-twelfth ( 1112) of one-half ( 1)2 ) per centum of the average out • - ' standing balance due on the note computed without taking into account delinquencies or prepayments ; ( h) A sum equal to the pound rents . if tiny, next due. plus the premiums that will next become due and payable on policies of fire and other hazard insurance covering the mortgaged propeny, plus tuxes and assessments next due on the mortgaged property tali as estimated by the Mortgagee) less all sums al- ready paid therefor divided by the number of months to elapse before one month prior to the date when such mound rents, premiums , taxes and assess- ments will become delinquent, such sums to he held by Mortgagee in trust to pay said ground rents• premiums , tales and special assessments; and (c) All payments "mentioned in the two preceding subsections of this paragraph and all payments to be made under the note secured hereby shall be added together, and the aggregate amount thereof shell be paid by the Mortgagor each month in a single payment to be applied by the Mortgagee to the follow- . ing items in the order set forth: (1 ) premium charges under the contract of insurance with the Secretary of Housing and Urban Development. or monthly charge lin lieu of mortgage insurance premium ). as the case may he ; ( U) ground rents . taxes . assessments. tire and other hazard insurance premiums : ( III) interest on the note secured hereby: and ( It') amortization of the principal of said note. Any deficiency in the amount of any such aggregatemonthly payment shall, unless made good by the Mortgagor prior to the due date of the next such payment , constitute an event of default under this mortgage . The Mortgagee may collect a "late charge " not to exceed two cents1,20) for each dollar (SII of each payment more than fifteen ( I5) days in arcars to cover the extra expense involved in handling delinquent payments . • 3 . That if the total of the payments made by the Mortgagor under ( b) of paragraph 2 preceding shall exceed the amount of payments actually made by the Mortgagee for ground rents , taxes and assessments or insurance premiums , as the case may be , such excess , at the option of the Mortgagee , shall he credited by the Mortgagee on subsequent payments to be made by the Mortgagor, or refunded to the Mortgagor . if . however , the monthly payments made by the Mortgagor under (b) of paragraph 2 preceding shall not be sufficient to pay ground rents , taxes and assessments or insurance premiums , as the case may be , when the same shall become due and payable , then the Mortgagor shall pay to the Mortgagee any amount necessary to make up the deficiency • on or before the date when payment of such ground rents , taxes , assessments or insurance premiums shall be due. If at any time the Mortgagor shall tender to the Mortgagee , in accordance with the provisions of the note secured hereby . full paymen ! of the entire indebtedness represented thereby , the Mortgagee shall , in computing the amount of such indebtedness . credit to the account of the Mortgagor all payments made under the provisions of (a) of paragraph 2 hereof which the Mortgagee has not become obligated to pay to the Secretary of Housing and Urban Development and any balance remaining in the funds accumulated under the provisions of (h) of paragraph 2 hereof . if there shall be a default under any of the provisions of this mortgage resulting in a public sale of the premises covered hereby . or if the Mortgagee acquires the property otherwise after default - the Mortgagee shall apply , at the time of the commencement of such proceedings , or at the time the property is other- wise acquired . the balance then remaining in the funds accumulated under (b) of paragraph 2 preceding, as a credit against the amount of principal then remaining unpaid under said note , and shall properly adjust any payments which shall have been made under (a) of paragraph 2. 4 . That the Mortgagor will pay ground rents . taxes • assessments , water rates . and other governmental or municipal charges , fines , or impositions , for which provision has not been made hereinbefore . and in default thereof the Mortgagee .mgy q; pay the same : and that the Mortgagor will promptly deliver the official receipts therefor to the Mortgagee . 5 . The Mortgagor will pay all taxes which may be levied upon the Mortgagee ' s interest in said real estate and improve- ments , and which may be levied upon this mortgage or the debt secured hereby ( but only to the extent that such is not prohibit- ed by law and only to the extent that such will not make this loan usurious ), but excluding any income tax . State or Federal . Y.}; ' imposed on Mortgagee , and will file the official receipt showing such payment with the Mortgagee . Upon violation of this under- taking, or if the Mortgagor is prohibited by any law now or hereafter existing from paying the whole or any portion of the afore- said taxes , or upon the rendering of any court decree prohibiting the payment by the Mortgagor or any such taxes , or if such law or decree provides that any amount so paid by the Mortgagor shall he credited on the mortgage debt , the Mortgagee shall have the right to give ninety days ' written notice to the owner of the mortgaged premises , requiring the payment of the mortgage debt . If such notice he given , the said debt shall become due , payable and collectible at the expiration of said ninety days . 6 . That should he fail to pay any sum or keep any covenant provided for in this Mortgage , then the Mortgagee , at its op - tion . may pay or perform the same , and all expenditures so made shall be added to the principal sum owing on the above note , shall be secured hereby , and shall bear interest at the rate set forth in the said note , until paid . 7. That he hereby assigns . transfers and sets over to the Mortgagee , to be applied toward the payment of the note and all sums secured hereby in case of a default in the performance of any of the terms and conditions of this Mortgage ar the said note , all the rents , revenues and income to be derived from the mortgaged premises during such time as the mortgage indebted- ness shall remain unpaid : and the Mortgagee shall have power to appoint any agent or agents it may desire for the purpose of repairing said premises and of renting the same and collecting the rents , revenues and income , and it may pay out of said in- comes all expenses of repairing said premises and necessary commissions and expenses incurred in renting and managing the same and of collet`„g rentals therefrom ; the balance remaining , if any , to be applied toward the discharge of said mortgage indebtedness . 8 . That he will keep the improvements now existing or hereafter erected on the mortgaged property , insured as may be required from time to time by the Mortgagee against loss by fire and other hazards . casualties and contingencies in such amounts and for such periods as may he required by the Mortgagee and will pay promptly . when due , any premiums on such insurance provision for payment of which has not been made hereinbefore . All insurance shall be carried in companies ap- proved by the Mortgagee arid the policies and renewals thereof shall be held by the Mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the Mortgagee . In event of loss Mortgagor will give immediate notice by mail to the Mortgagee , who may make proof of loss if not made promptly by Mortgagor . and each insurance company con- cerned is hereby authorized and directed to make payment for such loss directly to the Mortgagee instead of to the Mortgagor and the Mortgagee jointly - and the insurance proceeds , or any part thereof , may be applied by the Mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged . In event of foreclo- et A sure of this mortgage or other transfer of title to the mortgaged property in extinguishment of the indebtedness secured hereby , all right , title and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee . 9. That as additional and collateral security for the payment of the note described . and all sums to become due under this mortgage , the Mortgagor hereby assigns to the Mortgagee all profits , revenues , royalties , rights and benefits accruing to the Mortgagor under any and all oil and gas leases on said premises , with the right to receive and receipt far the same and apply them to said indebtedness as well before as after default in the conditions of this mortgage , and the Mortgagee may demand , sue for and recover any such payments when due and payable , but shall not be required so to do . This assignment is to terminate and become null and void upon release of this mortgage . � , 10 . That the Mortgagor will keep the buildings upon said premises in good repair, and nr:ither commit nor permit waste upon said land , nor suffer the said premises to be used for any unlawful purpose . ft . I i . That if the premises , or any part thereof, be condemned under the power of eminent domain , or acquired for a public use , the damages awarded , the proceeds for the taking of , or the considerrtion for such acquisition , to the extent of the full 41 rs(' amount of indebtednes upon this mortgage and the note which it is given to secure remaining unpaid . are hereby assigned by the , j Mortgagorao the Mortgagee , and shall be paid forthwith to said Mortgagee to be applied by the latter on account of the next maturing installments of such indebtedness . r _