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<br />I <br /> <br />83-00170C <br /> <br />(I) month prior to its due dare the annual mortgage insurance premium in order to provide such holder <br />with funds to pay such premium (0 the Secretary of Housing and Urban Development pursuant to the <br />National Housing Act, as amended, and applicable Regulations thereunder; or <br /> <br />(II) If and so long as said note of even date and this instrument are held by th!, 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/I2) 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) Asum equaJ to the ground rents, if any, next due, plus the premiums that will next become due and payable on <br />poliCies of fire and other hazard insurance covering the mortga~ed property, plus taxes and assessments next due <br />on the mortgaged property (all as estimated by the Mortgagee) less all sums 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 amount thereof shall be paid by the Mortgagor <br />each month in a single payment to be applied by the Mortgagee to the following items in the order set forth: <br /> <br />(I) premium charges under the contracr of insurance with the Secretary of Housing and Urban Development, <br />or monthly charge (in lieu of mortgage illSurance premium), as the case may be; <br />(II) ground rents, taxes, assessments, fire and other hazard insurance premiums; <br />(1lI) interest on the note secured hereby; and <br />(IV) amortization of the princIpal of said note. <br />Any deficiency in the amount of any such aggregate monthly payment shall, unless made good by the Mort. <br />gagor prior to the due date oithe next sucb paymenl, constitute an event of default under this mortgage, The <br />Mortgagee may collect a "late charge" not to exceed four cents (4~) for each dollar ($1) of each payment more <br />than fifteen (15) days in arrears to cover the extra expense involved in handling delinquent payments, <br /> <br />:l. That if the total of the paynwnts made by the \Iortgagor under rb) of paragraph 2 preceding shall exceed <br />the amount of payments actually made by the \Jortgagee for l!rounrl rents. taxes and assessments or insurance pre- <br />miums, as the case may be, such excess, if the loan IS current, at the option of the Mortgagor, shall be credited by <br />the Mortgagee on subsequent payments to be made by th,' \Iortgagor. or refunded t<l the Mortgagor, If, however, the <br />monthly payments made by the Mortgagor under (OJ of pamgraph 2 preceding shall not be sufficient to pay ground <br />rent, taxes and assessments or inSUran(~H prpmiums. as the casp may be. \\hen the ~ame shall become due and pay- <br />able, then the Mortgagor shall pay to the \Jortgagee any amount nece~~ary to make up the defieiency, on or before <br />the date when payment of such ground rents, lax"s, assessments or insurance premiums shall be due, If at any <br />time the Mortgagor shall tender to the \lortgagl'e, in aCI'ordance with the provisions of the note secured hereby, <br />full payment of the entire indebtedness rep,esented thereby, the \lortgagee shall, in computing the amount of such <br />indebtedness, credit to the account of the Mortgagor all payments made under rhe provisions of (a) of paragraph 2 <br />hereof which the Mortgagee has not becoine obligated to pay to the ;",eretary of Housing "nd Urban Development <br />and any balance remaining in the funds accumulated undt'r the provisions of (b) of paragraph 2 hereof. If there <br />shall be a default under any of the provision~ of this mortgage resulting in a public sale nf the premises covered <br />hereby, or if the Mortgaget' acquires thl' prop"'ty other"i,,' after default, the \lortgagee shall apply, at the time of <br />the commencement of such proceedings. or at the time the property is otherwise acquired, the balance then remain- <br />ing in the funds accumulated under {I,} of paragraph 2 preceding, as a credit against the amount of principal then <br />remaining unpaid under said note. and shall properly adju~t any payments which shall b3\'e been mad" under (a) <br />of plU'agraph 2. <br />4. That the Mortgagor will pay ground rents. ta.\e\, assrssments. water rates. and other governmental or municipal <br />charges. fines, or impositions, for which provisi"n has not been made heteinbef"re, and in default thereof the Mortgagee may <br />pay the same: and that the Mortgagor will promptly deliver the official receipts therefor to the Mortgagee. <br />5, The Mortgagor will pay all taxes which may he le\-ied 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 herehy (bur only III the extent that such is not prohibit- <br />ed by law and only to the extent that such wtll not make this loan usurious), but excluding any income tax, Srate or Federal. <br />imposed on Mortgagee, and will file the official teceipt showing such payment "ith the Mortgagee. Upoo violation of this under- <br />taking, or if the Mortgagor is prohibited hy any law now or hereafter existing from paying the whole or any portion of the afore- <br />said taxes, or upon the rendering of any court decree prohihiting the payment hy the Mortgagor or any such taxes, or if such law <br />or decree provides that any amount so paid hy the Mortgagor shall be s'redit..J ,)fi the mortgage debt, the Mortgagee shall have <br />the right to give ninety days' written notice to the owner of the mortgaged premises. requiring the payment of the mortgage <br />debt. If such notice be given, the ,.id debt shall become due, pay'ahle and collectible at the expiration of said ninety days, <br />6, That should he fail to pay any sum or keep any ,'ovenant prslVided for in this Mortgage, then the Mortgagee, at its op- <br />tion, may payor perform the same, and all expenditures so made shall he added to the principal sum owing on the above note, <br />shall be secured hereby, and shall hear imerest at the rate set f,>rth in the said note, until paid. <br />7. That he hereby assigns, uansfers and sets over to the Mortgagee, to be applied toward the payment of the note and all <br />sums secured hereby in case of a default in the performance of any of the terms and conditions of this Mortgage or the said <br />note, all the rents, revenues and income 10 he derived 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 or agenls it may desire for the purpose of <br />repairing said premises and of renting the same anli collet.::ting the rents. revenues and income. and it may payout of said in- <br />co~es all expenses of repairing said premises and necessary commissions and expenses incurred in renting and managing the <br />same and of collecting rentals therefrom; the balance remaining, if any, to be applied toward lhe discharge of said mortgage <br />indebtedness, <br />8. That he will keep the improvements now existing or hereafter erected on the mortgaged property, insured as may be <br />required from time to time by the Mortgagee against loss by fire and other hazards, casualties and contingencies in such <br />amounts and for such periods as may be required by the Mortgagee and will pay promptly, when due, any premiums on such <br />insur.ance--provision for payment of which has not been made hereinbefore. All insurance shall he carried in companies ap- <br />proved by the Mortgagee and the policies and renewals thereof shall be held hy the Mortgagee and have anached thereto loss <br />payable clauses in favor of and in form a,ceptable to the Mortgagee. In event of loss Mortgagor will give immediate notice by <br />mail to the Mortg<lgee. who may make proof of loss if not made promptly by Mortgagor, and each insurance company con. <br />~cd is hereby authorized and directed to make payment for sllch loss directly to the Mortgagee instead of to the Mongagnr <br />and theMOftgagte jointly. and lhe insurance pHlceeds, or any part thereof, may be applied by the Mort8'agee at its option either <br />to the r~du(;tion of the indebtedncScs hereby secured or to the reslOration or repair nf the property damaged. In event of f(,lredo- <br />sure of this mortpge or other transfer of title to the mortgaged property in extinguishment of the indehledness secured hereby, <br />all right,-tnh! andinrerest of the Mon&allO' in and to any insurance policies then in force shall pass to the purchaser or grantee, <br />9, That as additional and "nllateral security for the payment of the note de,nibed, 'lOd all sums 1,1 hec,'me due under this <br />mortgage. the Mmtgagor hereby assigns to the Mongagee all pr<lli~s.rev,e,!!I~fi.. n'>YlI\t!es, rights and benefits 'KS'Tuillg to the <br />Mortga&Or under any and all ml and gas leases nnsald premISes, "'ttl) tM ti8~Il'O,'Cl:etve and re,'elpt for the slime and apply <br />them tll said indebtedness as well before as after default in the conditi,lOs of this mortgage, and the Mortgagee mllY demund, sue <br />for and ft'Ci..Wer any such VOlymenh when dut ant.! pa}'ubte. t'lut shan not 11c rcquir('d "'0 to do Thl$ assi8nmcnt i-:;; tll terminale <br />and. be~ome null ~md VLI:Jd U(X.IO feleas.c ,...f thi;; mortpi.e. <br /> <br />HUi),\l)l.aM 11l-79J <br />