This Mortgage is given by (Name of borrower), hereinafter called Borrower, of (Borrower's address) to (lender's name), hereinafter called Lender, which term includes any holder of this Mortgage, to secure the payment of the PRINCIPAL SUM of ___________ $__________ together with interest thereon computed on the outstanding balance, all as provided in a Note having the same date as this Mortgage, and also to secure the performance of all the terms, covenants, agreements, conditions and extensions of the Note and this Mortgage.
In consideration of the loan made by Lender to Borrower and for the purpose expressedabove, the Borrower does hereby grant and convey to Lender, with MORT G A G ECOVENANTS, the land with the buildings situated thereon and all the improvements andfixtures now and hereafter a part thereof, being more particularly described in Exhibit Aattached hereto and made a part hereof and having a street address of:
Attach Property Description
Borrower further covenants and agrees that:
1. No superior mortgage or the note secured by it will be modified without the consent of Lender hereunder.
2. Borrower will make with each periodic payment due under the Note secured by thisMortgage a payment sufficient to provide a fund from which the real estate taxes, bettermentassessments and other municipal charges which can become a lien against the mortgagedpremises can be paid by Lender when due. This provision shall be effective only in the eventthat a fund for the same purpose is not required to be established by the holder of a seniormortgage.
3. In the event that Borrower fails to carry out the covenants and agreements set forthherein, the Lender may do and pay for whatever is necessary to protect the value of and theLender’s rights in the mortgaged property and any amounts so paid shall be added to thePrincipal Sum due the Lender hereunder.
4. As additional security hereunder, Borrower hereby assigns to Lender, Borrower’s rents ofthe mortgaged property, and upon default the same may be collected without the necessity ofmaking entry upon the mortgaged premises.
5. In the event that any condition of this Mortgage or any senior mortgage shall be indefault for fifteen (15) days, the entire debt shall become immediately due and payable at theoption of the Lender. Lender shall be entitled to collect all costs and expenses, includingreasonable attorney’s fees incurred.
6. In the event that the Borrower transfers ownership (either legal or equitable) or anysecurity interest in the mortgaged property, whether voluntarily or involuntarily, the Lender mayat its option declare the entire debt due and payable.
7. This Mortgage is also security for all other direct and contingent liabilities of theBorrower to Lender which are due or become due and whether now existing or hereaftercontracted.
8. Borrower shall maintain adequate insurance on the property in amounts and form ofcoverage acceptable to Lender and the Lender shall be a named insured as its interest mayappear.
9. Borrower shall not commit waste or permit others to commit actual, permissive orconstructive waste on the property.
10. Borrower further covenants and warrants to Lender that Borrower is indefeasibly seizedof said land in fee simple; that the Borrower has lawful authority to mortgage said land and thatsaid land is free and clear of all encumbrances except as may be expressly contained herein.
This Mortgage is upon the STATUTORY CONDITION and the other conditions set forthherein, for breach of which Lender shall have the STATUTORY POWER OF SALE to the extentexisting under State law.
Executed under seal this date of ___________.
STATE OF :
COUNTY OF :
On _______________________ before me _________________________ personally appeared ___________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Affiant : Known / Unknown :
ID Produced :
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