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HomeMy WebLinkAbout1628 r, N. 80~K t " , tj q, LUCIE CrUNTY. rL~. \'1 " TOGETHE.R WITH all and lingular the tenementJ, h,,~ditaments and appurtenances tht'reunto ~Ionging or in :fnywiae t"e~unt.) api"'rtAining and the re"u, iuuel and profitJ thereof, and also all the eltate, ri!(ht, title, interell and all claim and demand whallOeWr. u well in law u in equity, of the said Mol"tgagor in and to the same, including but not limited to: (a) All ~nU. p-:o fi Is, ",venuel, royalti~I, rightl and ~ndill drrived from (I) crops grown on said luurity and produce of the ..~il olherwise (2) oil, gu or mineral le:uel of the premises or any part thereof. now existin!( or hereinaher made, and (~) all other ~ntJ, issues and pi'Ofitl of the premises from time to time aCffuin\(, whetht'r under le:>.ses or tenallcir, now existing or hereafter c~ated; in each I\h:h case with the right in the Mortl(al(ee, bul only al its option, to recei,'. and rt'aipt therefor and to apply ihe same as il may elect 10 any indebtedn... lecured herrby, and the ~fortgagee, at its option, rr>a)' demand, lue for and reCOHr any luch payments, resen'ing to the Mortt:agor, ho-...ever', so long al said Mortl(a/;or il not in default hereunder, the tight to receive and retai.. such ~nts, iuues and profiu. (b) All judgmer,lI, awardl of damages and settlementJ hereither tna,le al a result of or in lieu of any takinl( of the premises or any part thereof under the po'o-"t'r of eminent domair" or for any dama.,-e (whether caused by such taitinl!' or otherwise) to the premi.es or the improvements thereon or an)' part thcreof; such part of anv ",ch juol(m"nt, award or selllemt'nt, as the Mortgag~ may elect to be appl;ed to the indt'htedn,'ss "~reby secured and the balance thereof. if any, to ~ rt'IC'n'"d to the party or parties otherwise entitled thereto. TO HAVE AND TO HOLD th~ abovc granted and descri~d prcmi'eJ to the I.lid Mort",al(cc, its succelSOfS and auigns, for-ever. aatil u.. 'Ai" }{'F'8.~.r ~ltt. .'ilii~ h.11} ... r;lR' .h. t.ill. '9' .~',.I I...~..t. ~~~ . 'ill .Jl'TR,j 1qT ...........- ~R.,.;.....t th_ l-u..,.flll ~ ^, .~II pt---t "~I'Al"1 u; provided always that if MOrl!(al(Or shall pay 10 ~{ortl(:ll(~e that certain promissory nol" :>bove descri~d and shall perform all other cov~nanU and conditionl of said promissory nOle, and of any' renewal, extemion or modi. ficAtion thefl'of. and of Ihis mortgage, then this mort!(age .lnd the "'!:\lC hereb\' creltt'rl .hall cn'e and he null ano voirl, Morlgl\gor further co"rnants and a!lr~s with Mortgagee al follows: I. To pay all sums including interest securcd hereby when due, as provid"d for in said promissory 110t,. and any renewf" extension o~ modification thereof anti in Ihis mortgage, all such sums to ~ payahle in lawful monev of Ihe l'nited Slatn of Amenca at MOrl!(al(~'s afore!aid prindpal office, or at such ether place as Morlgal(re may de,ignate in writinl(. ( 2. To pay when due, and wilhout requiring any notice from ~{ort"azet', all tax".. a<<rm1lents of any Iyp" or nature and other char!tes levied or as.seued al(aimt the premi,el hereby encumbned or any in!t'r,.,t of M'lrll(ill:e therci:l, To immedi. ately pay and discharge any claim, lien or encumbrance against sllch premi,es whirh may ~ or brcome .upeliur to Ihis mort- g-age and to permit no default or delinquency On any ether lien, encumbrance or charz,. a<:aimt such pretr.isel, 3. If required by Mortgagee, tCJ also mah montl.ly dej>~sits with Morto;a<:ce. in a non-intere!! heari.11( account, lOl(ether with and in addition to interest and principal, of a sum equal to onc.twelfth of Ihe yearly t,lXes and asseslmenls which may ~ levied agaiMt the premiJes, and (if 10 required) one-twelfth of the yrarly premi1lms for in.urance Ih"rron. The amount of such taxel, assessments and premiums, when unknown, shall be estimatrd by Mortgal(ee. Such deposiu shall De med by Mortgal{ee to pay such taxes, asseuments and premiums when due. Any insufficiency of .uch arcount to pJ.Y suo:h charl(es wi.en oue shall be paid by Mortgagor to Mortgagee on demand. If, by reason of any d,.fault by Mortgai(or under any provision of this mort. gal!'e, Mortgagee declares all sums senlred hereby to be due and p.~yahle, MOrll(3gee may then apply any funds in said account a!l'ainst the entire indebtedness secured hereby. The enforceability of the covenants relating to ta,,<e., asseuments and insurance premiuml he~in otherwise pro\';ded shall not be affected except in 10 far as those oblil(ations have Ix-en met by compliance with thil paravaph. Mortgagee may from time to ti'lle at its option WAive, and after any such waiver rein'late, any or all provisionl hereof requiring such deposiu, by notice to Mortgagor in writin~. While any such waiver i. in effect Mortgagor shall pay taxes, lUSCSSmenU and insllrance premiums as herein elsewhere provided, 4. To pay aU taxes, stamp tax or other charge which m~y ~ auc..ed upon thil mortgage, or said note, or indebtedneu secured hereby, without rel{ud to any law, Federai or State. heretofore or hereafter enacted, imposing payment of all or any part thereof upon Mortgagee. In event of enactment of any law imposing pA)'Tnef\1 of all or any portion of any such taxes upon Mortgagee, or the renderinl( by any court of last resort of a decision that the undertaking by Mortga,{Or, as herein provided, to pay .uch tax or taxes i. legally inoperative, then. unleu Mortgai(or ne,'crthele', paYI luch tax~, all sums he~by secured, without any deduction, &hall at the option of MortgaJtCe h<<ome immediately due and payable, notwithstanding anythinR contained h~rein c>r any law heretofo~ or hereafter enacted. ('\I . \1 /~ \.. 5. To keep the premises insured against Iou or damage by fire, windstorm or ~xtended coverage and such other huard. as may be required by Mortgag~, in form and amountJ satisfactory to, ane! in insurance compani~1 approved by Mortgagee, and with acceptable l!lOr!ga~ loss payable clauses attached. Such policies, to~ether with such abstracts and other tille evidence as may be requir~ by Mortgagee, shall be delivered to and held by Mortgagee without liability. Upon foreclosure of this mortgage or ot~r acqliliit:on of the premises or any part thereof by Mortgagee, said policiel, abstr.ctl and title evidence shall become the ablolute property of Mortgagee, 6. To lint obtain the written consent of Mortgagee, such coment !O ~ I!'ran!t'd or wilhheld al the sole discretion; such MOr1gagce, before (a) removing or demolishinlJ any building now or ht'r~aft("r ert"('ted on the premi~s, (bl altering thefrranR~' ment, dC!lign or structural character thereof, (c) makifllJ any repairs which involve the rerr:oval of I!ructural par<~ or the exposure of the interior of .uch building to the elements, or (d) except for domestic purpoSf'I, cuttini'( or removing or pennittinR the cutting and removal of any treeJ or timber on t.he Dremoo. 7, To maintain premise. in good condition and repair, includin" but not limited to the makinl( of IUch rep:ti.s as Mort!l'agee /DAY from time to time determine to be necesu.ry for the preservation of the premise. and to not commit nor permit any wasle :hereof, 8. To comply with all laWl, ordinance.., regulation., c~nantl, conditions and restrictions aff~cting the premises. and not to AlfFer or permit any violation thereof. 9, U Mortgagor fails to pay any claim, lien or encumbnnce which i. superior to this mortga!l'e, or, when due, any tax or UleUrnent Of mlUT&JlCe premium, or to keep the premises in repair, or &hall commit or permit waste, or if there be commenced &Dy action or proeeedin<< aft'ectiJll t~ premiJes or the title tbereto, th~n Mortgagee, at its olltion, may pay laid claim, lien, enrum. bunce, tax, lUJelR1leftt or premium, witb right of subrogation thereunder. may make surh ~pain and take such steps as it d~ms advisable to prevent or cure such waste, and may appear in any such action or proce",iing Ilnd retain Cl)uruel the~in. IJ'ld take Ncb action therein &J Wonttagee deems :.dviubk, and for any of said ~urputel Mortgagee may .advance such .ums of money, j"cludilll all cons. f~ and other Itetm of experue u it dee-Of necessary, MortlJagee shall be the sole judge of the legality, validity and prit>rity of any ,uch claim, tim, encWDbranc~, tax, UIaIJnent and premium, and ol tbe amount neceaary to be paid in _tiJf!lCtion thereal. Wo~ aba11 DOt be heJd IlCCOWltabk for any dehy In m.J.ltm, uy such payment, which delay may rewlt in any additional inte~, cost, cbafJes M expeNe otberwUe. 10. Mortpgor- will pay' to Mortg9.gee, immediately and without demand, all sums of moaey advanced by Mortgagee pursuant to this mortgage, together with interest on each Such advancemer.t at the rate vt 6;'0 per annur.l, and all such sums and interest thereon shall be secured l:1ereby if made by Mortgagee for the account of Mortgagor because of Mortgagor IS default. 11. All sums ot money il2cured hereby shall be whatever from any V2.1uation or appra.\8ement laws. . , payable without any relief