THIS INDENTURE, made as of the _____ day of ____________, 20__, by and
between ________________________, (Mortgagor), and
_____________________________, (Mortgagee).
AMOUNT OF LIEN:
WHEREAS, Mortgagor is justly indebted to Mortgagee in the sum of
__________ dollars ($ ____) and has agreed to pay the same, with
interest thereon, according to the terms of a certain note (Note) given
by Mortgagor to Mortgagee, which is attached hereto as Exhibit A.
DESCRIPTION OF PROPERTY SUBJECT TO LIEN:
NOW, THEREFORE, in consideration of the premises and the sum set forth
above, and to secure the payment of the Secured Indebtedness as defined
herein, Mortgagor by these presents does grant, bargain, sell and convey
unto Mortgagee the property located at
_________________________________________________________________, more
particularly described as:
Together with all buildings, structures and other improvements now or
hereafter located on, above or below the surface of the property; and,
Together with all the common elements appurtenant to any parcel, unit or
lot which is all or part of the Premises; and,
ALL the foregoing encumbered by this Mortgage being collectively
referred to herein as the Premises;
TO HAVE AND TO HOLD the Premises hereby granted to the use, benefit and
behalf of the Mortgagee, forever. Conditioned, however, that if
Mortgagor shall promptly pay or cause to be paid to Mortgagee, at its
address listed in the Note, or at such other place, which may hereafter
be designated by Mortgagee, its successors or assigns, with interest,
the principal sum of ___________ dollars ($______) with final maturity,
if not sooner paid, as stated in said Note unless amended or extended
according to the terms of the Note executed by Mortgagor and payable to
the order of Mortgagee, then these presents shall cease and be void,
otherwise these presents shall remain in full force and effect.
COVENANTS OF MORTGAGOR
Mortgagor covenants and agrees with Mortgagee as follows:
Secured Indebtedness. This Mortgage is given as security for the Note
and also as security for any and all other sums, indebtedness,
obligations and liabilities of any and every kind arising, under the
Note or this Mortgage, as amended or modified or supplemented from time
to time, and any and all renewals, modifications or extensions of any or
all of the foregoing (all of which are collectively referred to herein
as the Secured Indebtedness), the entire Secured Indebtedness being
equally secured with and having the same priority as any amounts owed
at the date hereof.
Performance of Note, Mortgage, Etc. Mortgagor shall perform, observe and
comply with all provisions hereof and of the Note and shall promptly pay,
in lawful money of the United States of America, to Mortgagee the Secured
Indebtedness with interest thereon as provided in the Note, this
Mortgage and all other documents constituting the Secured Indebtedness.
Extent Of Payment Other Than Principal And Interest. Mortgagor shall
pay, when due and payable, (1) all taxes, assessments, general or
special, and other charges levied on, or assessed, placed or made
against the Premises, this instrument or the Secured Indebtedness or
any interest of the Mortgagee in the Premises or the obligations secured
hereby; (2) premiums on policies of fire and other hazard insurance
covering the Premises, as required herein; (3) ground rents or other
lease rentals; and (4) other sums related to the Premises or the
indebtedness secured hereby, if any, payable by Mortgagor.
Care of Property. Mortgagor shall maintain the Premises in good
condition and repair and shall not commit or suffer any material waste
to the Premises.
Prior Mortgage. With regard to the Prior Mortgage, Mortgagor hereby
agrees to: (1) Pay promptly, when due, all installments of principal and
interest and all other sums and charges made payable by the Prior
Mortgage; (2) Promptly perform and observe all of the terms, covenants
and conditions required to be performed and observed by Mortgagor under
the Prior Mortgage, within the period provided in said Prior Mortgage;
(3) Promptly notify Mortgagee of any default, or notice claiming any
event of default by Mortgagor in the performance or observance of any
term, covenant or condition to be performed or observed by Mortgagor
under any such Prior Mortgage. (4) Mortgagor will not request nor will
it accept any voluntary future advances under the Prior
Mortgage without Mortgagee’s prior written consent, which consent shall
not be unreasonably withheld.
DEFAULTS
Default. The occurrence of any one of the following events which shall
not be cured within _____ days after written notice of the occurrence of
the event, if the default is monetary, or which shall not be cured
within _____ days after written notice, if the default is non-monetary,
shall constitute an Event of Default: (1) Mortgagor fails to pay the
Secured Indebtedness, or any part thereof, or the taxes, insurance and
other charges, as herein before provided, when and as the same shall
become due and payable; (2) Any material warranty of Mortgagor herein
contained, or contained in the Note, proves untrue or misleading in any
material respect; (3) Mortgagor materially fails to keep, observe,
perform, carry out and execute the covenants, agreements, obligations
and conditions set out in this Mortgage, or in the Note; (4) Foreclosure
proceedings (whether judicial or otherwise) are instituted on any
mortgage or any lien of any kind secured by any portion of the Premises
and affecting the priority of this Mortgage.
Upon the occurrence of any Event of Default, the Mortgagee may
immediately do any one or more of the following: (1) Declare the total
Secured Indebtedness, including without limitation all payments for
taxes, assessments, insurance premiums, liens, costs, expenses and
attorney’s fees herein specified, without notice to Mortgagor (such
notice being hereby expressly waived), to be due and payable at once,
by foreclosure or otherwise; (2) In the event that Mortgagee elects to
accelerate the maturity of the Secured Indebtedness and declares the
Secured Indebtedness to be due and payable in full at once as provided
for herein, or as may be provided for in the Note, then Mortgagee shall
have the right to pursue all of Mortgagee’s rights and remedies for the
collection of such Secured Indebtedness, whether such rights and
remedies are granted by this Mortgage, any other agreement, law, equity
or otherwise, to include, without limitation, the institution of
foreclosure proceedings against the Premises under the terms of this
Mortgage and any applicable state or federal law.
MISCELLANEOUS PROVISIONS
Prior Liens.
Mortgagor shall keep the Premises free from all prior liens (except
for those consented to by Mortgagee).
Notice, Demand and Request.
Every provision for notice and demand or request shall be deemed
fulfilled by written notice and demand or request delivered in
accordance with the provisions of the Note relating to notice.
Severability.
If any provision of this Mortgage shall, for any reason and to any
extent, be invalid or unenforceable, the remainder of the instrument
in which such provision is contained, shall be enforced to the maximum
extent permitted by law.
Governing Law.
The terms and provisions of this Mortgage are to be governed by the
laws of the State of __________. No payment of interest or in the nature
of interest for any debt secured in part by this Mortgage shall exceed
the maximum amount permitted by law.
Descriptive Headings.
The descriptive headings used herein are for convenience of reference
only, and they are not intended to have any effect whatsoever in
determining the rights or obligations of the Mortgagor or Mortgagee and
they shall not be used in the interpretation or construction hereof.
Attorney’s Fees.
As used in this Mortgage, attorneys’ fees shall include, but not be
limited to, fees incurred in all matters of collection and enforcement,
construction and interpretation, before, during and after suit, trial,
proceedings and appeals. Attorneys’ fees shall also include hourly
charges for paralegals, law clerks and other staff members operating
under the supervision of an attorney.
Exculpation.
Notwithstanding anything contained herein to the contrary, the Note
which this Mortgage secures is a non-recourse Note and such Note shall
be enforced against Mortgagor only to the extent of Mortgagor’s interest
in the Premises as described herein and to the extent of Mortgagor’s
interest in any personalty as may be described herein.
IN WITNESS WHEREOF, the Mortgagor has caused this instrument to be duly
executed as of the day and year first above written.
_______________________________
Mortgagor
STATE OF )
COUNTY OF )
Subscribed and sworn before me this the _____ day of ____________, 20__.
Witness my hand and seal.
_______________________________ My commission expires:
Notary Public