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200605645 5 otherwise acquired; and accumulations under (a) thereof shall be likewise credited unless required to pay sums due the Secretary of Housing and Urban Development, acting by and through the Federal Housing Commissioner under the Contract of Mortgage insurance; II. That the Mortgagor will pay all taxes which may be levied upon the Mortgagee's interest in said real estate and improvements, and which may be levied upon this Mortgage or the debt secured hereby (but only to the extent that such is not prohibited by law and only to the extent that such wiII not make this loan usurious), but excluding any income tax, State or Federal, imposed on Mortgagee, and will file the official receipt showing such payment with the Mortgagee. Upon Violation of this undertaking, or if the Mortgagor is prohibited by any law now or hereafter existing from paying the whole or any portion of the aforesaid taxes, or upon the rendering of any court decree prohibiting the payment by the Mortgagor of any such taxes, or if such law or decree provides that any amount so paid by the Mortgagor shalI be credited on the mortgage debt, the Mortgagee shalI 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 be given, the said debt shall become due, payable, and collectible at the expiration of said ninety (90) days. 12. That Mortgagor wilI not commit, permit, or suffer waste, impairment, or deterioration of said property or any part thereof, and in the event of the failure of the Mortgagor to keep the buildings on said premises and those to be erected on aid premises, or improvements thereon, in good repair, the Mortgagee may make such repairs as in its discretion it may deem necessary for the proper preservation thereof, and any sums paid for such repairs shall bear interest from the date of payment at the rate specified in the Note, shall be due and payable on demand and shall be fully secured by the Mortgage; 13. That if there shall be a default in any of the terms, conditions, or covenants of the Mortgage, or the Note secured hereby, then any sums owing of the Mortgagor to the Mortgagee shall, at the option of the Mortgagee, become immediately due and payable. The Mortgagee on any holder ofthe Mortgage and the Note secured hereby shall then have the right to enter into the possession of the mortgaged premises and colIect the rents issues, and profits thereof, in any action to foreclose, the holder of the Mortgage shall be entitled the appointment of a receiver of the rents and profits of the mortgaged premises as a matter of right and without notices with power to collect the rents, issues, and profits of said mortgaged premises, due and becoming due during the pendency of such foreclosure suit, such rents and profits being hereby expressly assigned and pledged as additional security for the payment of the indebtedness secured by this Mortgage, without regard to the value of the mortgaged premises or the solvency of any person or persons liable for the payment of the mortgage indebtedness. This Mortgagor for itself and any subsequent owner hereby waives any and alI defenses to the application for a receiver as above and hereby specifically consents to such appointment without notice, but nothing herein contained is to be construed to deprive the holder of the Mortgage of any other right, remedy, or privilege it may now have under the law to have a receiver appointed. The provision for the appointment of a receiver of the rents and profits and the assignment of such rents and profits is made an express condition upon which the loan hereby secured is made; 14. 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; 15. That all payments made by the Mortgagee to remedy a default by the Mortgagor as aforesaid and the total of any payment or payments due form the Mortgagor to the Mortgagee and in default shall be added to the debt secured by this Mortgage and shalI be repaid to the Mortgagee upon demand. Any such sum and interest thereon at the rate specified in the Note shall be a lien on the premises, prior to any other lien Rental - Rider to Mort Restr Mtg 09-15-04