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Mortgagor further covenants and agrees as follows: <br />I. To keep all buildings, fixtures and improvements on said premises, now or hereafter erected thereon, and all equipment attached <br />to or used in connection with the fixtures on said premises herein mortgaged insured against loss or damage by fire, windstorm and extended <br />coverage in such sums and with such insurers as may be approved by Mortgagee as a further security for said indebtedness, which insurance <br />policy or policies shall carry a mortgage clause with loss payable to Mortgagee in form satisfactory to Mortgagee to be delivered to possession <br />of Mortgagee to be held continuously through period of the existence of said indebtedness or any portion thereof. <br />2. To exercise due diligence in the operation, management and occupation of said real estate and the improvements thereon and <br />not to remove or suffer to be removed any fixtures and/or appliance, now or hereafter placed on said premises; and to keep said real estate <br />and improvements thereon in their present condition and repair, normal and ordinary depreciation excepted; Mortgagor shall not do or <br />suffer to be done any acts which will impair the security of this mortgage nor any illegal or immoral acts on said premises; and Mortgagee <br />shall have the right to inspect said premises at all reasonable times_ <br />3. The holder of this obligation may renew the same or extend the time of payment of the indebtedness or any part thereof or reduce <br />the payments thereon; and any such renewal, extension or reduction shall not release any maker, endorser, or guarantor from any liability <br />on said obligation. <br />4. No sale of the premises hereby mortgaged or extension of time for the payment of the debt hereby secured shall operate to release, <br />discharge or modify in any manner the effect of the original liability of the Mortgagor; and any extension of time on this mortgage by <br />Mortgagee or his assigns, without the consent of the holder of any junior lien or encumbrance, shall not operate to cause a loss of the priority <br />of this mortgage over such junior lien. Mortgagee shall be subrogated to any lien or claim paid by moneys advanced and hereby secured. <br />5. In case any part of the premises is appropriated under the power of eminent domain, the entire amount paid for said portion <br />of the premises so appropriated shall be paid to this Mortgagee. <br />6. It is agreed that time is the essence of this agreement and that, in case of default in the payment of any installment when the <br />same shall become due and payable, the holder of the note and mortgage may, at his option, declare all of the debt due and payable, and <br />any failure to exercise said option shall not constitute a waiver of right to exercise the same at a later date. In the event any proceedings <br />shall be instituted on any junior lien or encumbrance against said real estate, then the Mortgagee herein may immediately declare this <br />mortgage due and payable and institute such proceedings as may be necessary to protect his interest. The lien of this mortgage shall include <br />all heating, plumbing and lighting or other fixtures now or hereafter attached to or used in connection with said premises. <br />7. In case of delinquency or default in any payment required in this mortgage and the institution of foreclosure proceedings <br />thereunder, Mortgagee is expressly authorized to cause a continuation of the abstract of title at the expense of Mortgagor to show the con- <br />dition of the title at the date of said continuation and which sums necessarily spent for continuation of the abstract of title to the said real <br />estate, together with interest thereon at the rate of eight per cent per annum, shall become part of the debt secured by this mortgage and <br />collectable as such; and in case of foreclosure and purchase of said real estate pursuant to said foreclosure by the holder thereof, the abstract <br />of title and any continuation thereof shall be the absolute property of the Mortgagee. <br />8. In the event of such foreclosure, the Mortgagee, or his assigns, may apply for the appointment of a receiver, which receiver <br />is hereby authorized to take possession of the said real estate, collect the rents, income or profit, in money or in kind, and hold the proceeds <br />subject to the order of the court for the benefit of the Mortgagee pending foreclosure proceedings. Said receiver may be appointed irrespective <br />of the value of the mortgaged property or its adequacy to secure or discharge the indebtedness due or to become due. <br />9. All terms of this mortgage shall be binding on each and all successors in ownership of said real estate, as well as upon all heirs, <br />executors, administrators of Mortgagor or successors in ownership. <br />10. Clauses numbered eleven (11) as set forth in Mortgage Addendum and attached <br />are hereby incorporated in and made a part of this mortgage. hereto <br />State of Indiana, St. Joseph County, ss: <br />Before me, the undersigned, a Notary Public in and for said County <br />and State, personally appeared: <br />Town Tower Motel Corporation by <br />Anthony Gurvis, President <br />and acknowledged the execution of the foregoing mortgage. <br />In witness whereof, I have hereunto subscribed my name and affffixrd <br />Illy Official seat, this —A---day offWU%_P' <br />J� qD __,V i <br />resi�iiz 'n S ,]'cos ph County, <br />l )• �. <br />Rlj.�•i,riniiti.ti+nrt expires_LV—�==5 <br />Dated this�Day of 14 �3 <br />Anthony Gurvis, President of <br />Town Tower Motel Corporation Seal <br />/,-," seal <br />AfUT140/U Y rUR Lill � PVe:S, <br />Seal <br />Seal <br />Sea! <br />Seal <br />r <br />This instrument was prepared by C—ar—O-Iyn,_ M.UeiAphsg er,.Assistant City —Attorne, South <br />hfen'drn?ir. Jo.{pph Coanh• Indiana Bar Association Bend, Ind.ana_ <br />