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<br />I <br /> <br />(I) month prior to its due date the allllualmortgag.e insurance premiulll in order to provide such holder <br />88--101555 with funds to pay such premium to the Secretary of Housing aud Urban Development pursuant tu the <br />National Housing Act, as amended. and applicable Regulations thereunder: ur <br /> <br />r <br /> <br />(II) If and so long as said note of even date and this instrulllent arc held by the Secretary of Housing and <br />Urban Development. a monthly charge (in lieu of a mortgage insurance premium) which shall be in an <br />amount equal to one-twelfth (1/12) of one-half (1/2) per centum of the average outstanding balance <br />due on the note computed without taking into account delinquencies or prepayments; <br />(b) A sum equal to the ground rents, if any. next due. plus the premiums that wiII next become due and payable on <br />policies of lire aud other hazard insurance covering the mortgaged property, plus taxes and assessments next due <br />on the mortgaged property (all as estimated by the MortgageeJ less all 5ums already paid therefor divided by the <br />number of months to elapse before one month prior to the date when such ground rents, premiums, taxes and <br />assessments will become delinquent, such sums to be held by Mortgagee in trust to pay said ground rents, pre- <br />miums, taxes and special assessments; and <br />(c) All payments mentioned in the two preceding subsections of this paragraph and all payments to be made under <br />the note secured hereby shall be added together. and the aggregate amoun t thereof shall be paid by the Murtgagor <br />each month in a single payment to be applied by the Mortgagee to the following items in the order set forth: <br /> <br />L <br /> <br />(I) premium charges under the contract or insurance with the Secretary of Housing and Urban Development, <br />or montWy charge (in lieu of mortgage illSlirallce premium). as the case may be: <br />(II) ground rents, taxes, assessments. fire and other hazard insurance premiums; <br />(III) interest on the note secured hereby: and <br />(IV) amortization of the principal or said note. <br />Any deficiency in the amount uf any such aggregate monthly payment shall. unless made good by the Mort- <br />gagor prior to the due date of the ncxt such PaYlIIcut, constitute an evcnt of dcfault under this mortgage, TIle <br />Mortgagee may collect a "late charge" not to exceed four cents (411) for each dollar ($ I) of each payment more <br />than fifteen (15) days in arrears to cover the extra expense involved in handling delinquent payments. <br /> <br />3. That if the total of the payments made by the \1ortgagor under (i,) of paragraph 2 prec('ding shall exceed <br />the amount of payments actually. made by th(' 'lortJ!a~('(' for l!round rents, taxes and assessments or insuram~e pre- <br />miums, as the case ma)' be, such excess, if the loan is currelll, at [he option of the Mortgagor, shall be credited by <br />the Mortgagee on subsequt>nt payments to be made by the \lortgagor. or refunded to the \lortgagor. If, howc\"('r, the <br />lTIonthly payments made b}' the Morrgagor under (f,) of paragraph 1 preceding shall not be sufficient to pa)" ground <br />rent, taxes and assessments or insurance prl'miums, as the ('as(~ may be, when the same shall becoml' due and pay- <br />able. then the Mortgagor shall pay to thl' )Iortgag('(' allY amount n ('('('.'0' 5a I)' 10 make up the defieil'fl('Y, on or before <br />the date when p3)'menl of such ground rents, I axl'S, as,,:cssment:3 or insurance premiums shall be due_ If at any <br />time the Mortgagor shall tender to the \lortgagee, in al'('ordanc(! with the pro\'isions of the note setured hereby, <br />full payment of tbe entire indebtedness represent('d then"b)", the \Iortgag('(' shall, in computing the amount of such <br />indebtedness, credit to the account of [he Mortgagor all pa~'mcOls made under the pro\'isions of fa) of paragraph 2 <br />hereof Yo'hich the Mortgagee has not be('ome obligllll'd to pay to the ~cretaf)' of lIoul"ing and l'rban Deyelopment <br />and any balance remaining in thl' funds a('cumulatl'd undpr the provisions of fl,) oj paragraph 2 hereof. If there <br />shall be a default under any of th(' provisions of thi" mortgagl' resulting in a public sale of the premises ('on-red <br />hereby, or if the Mortgagep ll.<'quirt>s the prop('rty othl'rwis{> aftN dl'fau1t, the \Iortgagcc shall appl)", al the timp of <br />the commencement of such proceedings, or at the time the property is otherwise acquired, the balanee thm remain- <br />ing in the funds accumulated undl'r (l,J of paragraph 2 Im'l'l'ding, as 1I crl'dit against thl' amount of principal then <br />remaining unpaid under said notl', and shall propprly adjust an~' paympnts \\hi('h shall have been made undl'r fal <br />of paragraph 2. <br />4. That the Mortgagor will pay ground rents. [axes. assessments. water rates, and other governmental or municipal <br />charges. fines, or impositions. for which provision has not heen made hereinbefore. and in default thereof the Mortgagee may <br />pay the same: and that the Mortgagor will promptly delh'er the official receipts therefor to the Mortgagee. <br />5. The Mortgagor will pay all taxes which may be levied upon the Mortgagee's interest in said real estate and improve- <br />ments. and which may be levied upon this mortgage or the debt secured hereby (but only to the e"tent that such is not prohihit- <br />ed by law and only to the e"tent that such will not make this loan usurious). but excluding any income ta". State (lr Federal, <br />imposed on Mortgagee. and will file [he official receipt showing such payment \\ilh the Mortgagee. Upon ,'iolation of Ihis umler- <br />taking. or if the Mortgagor is prohipiled by any law no\\" llr hereafter existing from paying the whole or any portion of the ;lfore- <br />said taxes. or upon the rendering of any murl decree prohioiling the payment Ily the Mortgagor or any such taxes. or if such law <br />or decree prm-ides thCit any amounl so paid hy Ihe Mor[gagor shall he credited on the mortgage debt. the M(lrtgagee shall have <br />the right to give ninety days' written nOllce to the owner of the mortgaged premises. requiring the payment of the mortgage <br />debt. If such n(1tice be given. the SOlid dellt shall bcClmle due. payable and l'ollec!ihle atlhe expiration of said ninety days. <br />6. That should he fail to pay :In)" sum or kcep any co\'enan[ provided for in [hi\, \lortg:ige. then the Mortgagee. at its op- <br />tion. may payor perform the samc. and all e.\penditures so m;llle shall he added to the principal sum owing on the abm'c note. <br />shall be secured hereby. ;md shall hear interest ai the rate set forth in the said note. until paid. <br />7. That he hereby assigns. transfers and sets over to the Mortgagee. to be applied toward the payment of the notc and all <br />sums secured hereby in case of a default in the performance of any of the terms and condilions of this Mortgage or the said <br />note. all the rents. revenues and income to be deri\'ed from the mortgaged premises during such time as the mortgage indebted. <br />ness shall remain unpaid: and the Mortgagee shall have power to appoint any agent llr agents it ma}' desire for the purpose of <br />repairing said premises and of renting the same and collelling the renl... revenues and income. and it may payout of said in- <br />comes all expenses of repairing said premises and necessary commissions and expenses incllrred in renting and managing the <br />same and of collecting rentals therefrom; the balance rem;;ining. if any. to he applied toward the discharge of said mortg..ge <br />indebtedness. <br />8. That he will keep the improvements now existing 0' hereafler erected on the nwrtgaged property, insured as may be <br />required from time .to time by the Mortgagee against loss b}' fire and other hal.ards_ casualties and cllntingencies in such <br />amounts and fc,rsllch periods as may be required by the Morlgagee and will P:I}" promplly. when due. any premium.. on sllch <br />insurance provision for pay'ment of .....hich has not been made hereinbcf(1re. All insurance shall be l';uried in companies ap- <br />proved by the Mortgagee and the Jlulicies and renewals thereof shall be held by the Mortgagec and havc allaehed thereto loss <br />pay'able clauses in fa\'or of and in form acceptable to the Mortgagee. In event of loss ~Iorlgagor will give immedia[e notice by <br />mail to lite Mortgagee, who may make proof of loss if nOl made promptly hy Mortgagor. and each imurance company con- <br />cerned is hereby authorized and directed 10 m..ke payment for such lo~s directly to the Morlgagee instead of to the Mortg;\gor <br />and the Mortgagee joitltly. and the in<,unmce proceed... or any pari thereof. may he applied by the Mortgagee at its option either <br />to the reduction of the indebtedness hereby' secured or iO the re~toration or repair of the properly dam..ged. In cvent llf foreclo. <br />sure of this mortgage or othcnrans.fer of title to the morlgaged property in e\lin~uishment of the indebtedness secured herelly. <br />all ril!ht. title and interest uf the Mortgagor in and 10 any insur;mce policies then in fmet" shall pa~s 10 Ihe PUn:h;lser or gmntce. <br />9. Thai as additionlJl and collateral security for the payment of the nnte descrihed. and all slims 10 beCt1mc due under this <br />mortgage. the Mortgagor hereby assigns In the Mortg;lgce all PfCl!1tS. revenues. TOvallics. ri~hts and benefits lIccruing to.Jhe <br />Mortgagor under :In)' and all oil and gas leases on said premises. with the right In ~ccci\'(' and rN:eipl for the' samc";drid ;topl) <br />them to said indebtedness as well before as after def,lull in ihe conditions of this I11l1rl~a~c _ al1lllhe Mortgagee Illay demand. slle <br />for !lnd H~Clwer ;tn~. such p..ymenls when due and ra~'able. bUI shall nlll toe required '<' III <I". Thi~ ;Issignmcnl is In tl'rminall' <br />and !>tcume null and \ llid UP{lO release llf lhis n\{lrt~al!e. <br /> <br />IlU092143M l~' 191 <br />