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<br />I <br /> <br />(1) month prior to its due date the annual mortgage insurance premium in order to provide such holder <br />83 28.0.1 with funds to pay such premium to the Secretary of Housing and Urban De,'elopment pursuant to the <br />-00 . 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 the Secretary of Housing and <br />Urban Development, a monthly charge lin 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 />A su'm equal 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 mortgaged 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 assessmen ts; and <br />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 />(b) <br /> <br />(c) <br /> <br />(I) premium charges under the contract of insurance with the Secretary of Housing and Urban Development, <br />or monthly charge (in lieu of mortgage insurance premium). as the case may be; <br />(II) ground rents, taxes. assessments. tire and other hazard insurance premiums; <br />(III) interest on the note secured herebv; and <br />(IV) amortization of the principal of s'-id note, <br />Any detlciency in the amount of any such aggregate monthly payment shall, unless made good by the Mort. <br />gagor prior to the due date of the next such payment, constitute an event of default under this mortgage. The <br />Mortgagee may collect a "late charge" not to exceed four cents (4f!') for each dollar ($1) of each pay men t 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 \Iortgagor under (b) of paragraph 2 preceding shall exceed <br />the amount of payments actually made by the Mortgagee for !!round 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 the Mortgagor, or refunded to the \Iortgagor. If, however, the <br />monthly payments made by the Mortgagor under (b) of paragraph 2 preceding shall not be sufficient to pay ground <br />rent, taxes and assessments or insurance premiums, as the (.ase may be. when the same shall become due and pay- <br />able, then the Mortgagor shall pay to the Mortgagee any amount necessary to make up the deficiency, on or before <br />the date when payment of such ground rents, taxes, assessments or insuranee premiums shall be due. If at any <br />time the Mortgagor shall tender to the Mortgagee, in aecordanee with the provisions of the note secured hereby. <br />full payment of the entire indebtedness represented thereby, the i\lortgagee shall, in computing the amount of such <br />indebtedness, credit to the account of the Mortgagor all payments made under the provisions of (a) of paragraph 2 <br />hereof which the Mortgagee has not become obligated to pay to the ~ecretary of Housing and Urban Development <br />and my balance remaining in the funds ac('umulated under the provisions of (b) of paragraph 2 hereof. If there <br />shall be a default under my of the provisions of this mortgage fl'sulting in a public sale of the premises covered <br />hereby, or if the Mortgagee acquires the property otherwise after default, the Mortgage(' shall apply, at the time of <br />the commencement of such proeeedings, or at the time the property is otherwise acquired, the balance then remain- <br />ing in the funds accumulated under (b) of paragraph 2 preceding, as a eredit against th" amount of principal lhen <br />remaining unpaid under said nOle, and shall properly adjust any payments which shall have been made under (al <br />of paragraph 2, <br />4. That the Mortgagor wiB pay ground rents. taxes. assessments. \Vater rates. and other governmental or municipal <br />charges, fines, or impositions, for which provision has not been made hereinbefore. 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 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 extent that such is not prohibit- <br />ed by law and only to the extent that such will not make this loan usurious). but excludiog any income tax, State or Federal, <br />imposed on Mortgagee, and will file the official receipt showing such payment with the Mortgagee. Upon violation of this under- <br />taking, or if the Mortgagor is prohibited by 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 prohibiting the payment by the Mortgagor or any such taxes. or if such law <br />or decree provides that any amount so paid by the Mortgagor shall be credited on 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 said debt shall become due, payable and collectible at the expiration of said ninety days. <br />6. That should he fail to pay any sum or keep any covenant provided for in this Mortgage. then the Mortgagee. at its op- <br />tion, may payor perform the same, and all expenditures so made shall be added to the principal sum owing on the above note, <br />shall be secured hereby, and shall bear interest at 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 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 to be 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 agents it may desire for the purpose of <br />repairing said premises and of renting the same and collecting the rents. revenues and income. and it may payout of said in- <br />comes all expenses of repairiog 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 the 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 />insurance provision for payment of which has not been made hereinbefore. All insurance shall be carried in companies ap- <br />proved by, the Mortgagee and the policies and renewals thereof shall be held by the Mortgagee and have attached thereto loss <br />payable clauses in favoro! aod in form acceptable to the Mortgagee. In event of loss Mortgagor will give immediate notice by <br />mailt'lthe Mortgagee, who may make proof of loss if not made promptly by Mortgagor, and each insurance company con- <br />cerned.is hereby.authodzed and directed to make payment for such Joss directly to the Mortgagee instead of to the Mortgagor <br />and the Mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by the Mortgagee at its option either <br />to.theredueti'ln of the indebtedness hereby seeuredor to the restoration or repair of the property damaged. In event of foreclo- <br />sure of this mortgage or other .transfer of.title to the mortgaged property in extinguishment of the indebtedness secured hereby. <br />.all right, title and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. <br />9. That as additional and collateral security for the payment of tbOo noteAescribed, .and ~II sums to bec~me due under this <br />mortgage. the.Mortgagor hereby assigns to the Mortgagee all profits, revenues, royalnes. rights and benetltS acnumg to the <br />Mortgagor under any and all oil and gas leases on said premises, with the right to receive and receipt for the same and apply <br />them to said indebtedness as well before as after default in the conditions of this mortgage. and the Mortgagee ma~. demand, ,ue <br />for and recover any such payments when due and payable. but shall not be required so (0 do. This assignment j" 10 terminate <br />and become null and void upon release of this morll(a~e. <br /> <br />H'" ~!l"2t>!1fIl pl.1!f1 <br />