R95-57 AUTHORIZING AGREEMENT DOWNTOWN RENTAL REHAB

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� MORTGAGE Page 2 (continued) TT IS FUR7'HER AGREED, that in the event of the failure of the mortgagor(s)to make any of said payments or to perform any of the covenants herein, that the whole of said obligation and note(s) shall become due immediately without demand and the mortgagee may, at his option, file suit for foreclosure thereof and filing of the suit will be sufficient notice of declaring of the whole of said amount due; that any sums advanced by the mortgagee for taxes, special assessments, insurance premiums, repairs or any other sums which in his judgment might be necessary for the preservation of said premises, shall be added to and made a part of the principal amount, and shall draw interest at seven(7)per cent after their payment,which sums shall be immediately due and payable.. IT IS FiTRTHER AGREED, that the mortgagor(s) shall pay any sum which mortgagee may be put to for attorney's fees in defending any suit of any character in connection with said premises. TT IS FLTRTHER AGREED, that all expenses and disbursements paid on behalf of the mortgagee in connection with the foreclosure of this mortgage, including reasonable and customary attorney's fees to be fixed by the court in which proceedings are pending, outlays for documentary evidence, stenographer's charges, cost of procuring or completing abstract showing whole of title to said premises from the United States down to and including the final decree therein, Master's certificate of sale, and all other charges including any insurance due during the pendency of said foreclosure, shall be an additional charge and lien upon the premises herein described, and shall be added to and made a part of the sum which shall be adjudged and decreed to be due and owing under the provisions of said note or of this mortgage. IT IS FiJRTHER AGREED, that the mortgagee sha11 have the right upon the filing of any complaint for the foreclosure of this mortgage to apply for and shall be entitled as a matter of right without regard to the value of the mortgaged premises or the solvency of the mortgagor(s) or any subsequent owner of said premises, to have a receiver of the rents, issues and profits of said premises, which receivership shall continue until the expiration of any period of redemption from any sale, with the usual power of receivers I� in chancery, including the power to pay all taxes and assessments which now are or may become a lien on I said premises, an�that any amount collected by said receiver after payment of necessary costs of � receivership, payment of t�es, assessments, repairs or expenses in connection with the upkeep of said premises, shall be applied upon any deficiency which may exist by virtue of such foreclosure proceedings and sale of said premises, and an assignment of all rents, issues and profits of said premises is hereby made to said mortgagee or the receiver, and upon default, the said mortgagee is authorized and empowered to enter into and upon and take possession of the premises hereby conveyed at any time, and to let same and collect all rents, issues and profits thereof. ADDITIONAL CLAUSES TO MORTGAGE: 1. The terms and conditions contained in the original Note shall be considered a part of this mortgage the same as if the Note were set forth in its entirety in this mortgage. The terms and conditions of the mortgage shall be considered to be set forth in the Note the same as if such terms and conditions were set forth in their entirety in such note. 2. Rent charged for property receiving funds under the DOWNTOWN Rental Rehabilitation Program shall not exceed the HUD guidelines on fair market rent less tenant paid utilities. Any breach of this rent restriction shall cause all indebtedness secured by this mortgage, at once or at any time thereafter,