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HomeMy WebLinkAbout1658 7 208 ... ib~t ST. L.UCIE COUNTY, flA. . TOOETl:iU WITH all and .inrular the tenementl hereditaments and appurtenance. thereunto ~Ionging or in anywi~ thenunto ap~1 and the tents, ia=- and profits thereof, and Alto all the eotate, right, title, inlerest and all cbim and demand wha~r, .. _n In law .. in equity, of the lAid MClMgagor in and 10 the tame, including bul nol lImIted 10: (a> All rents, profits. revenueJ. l'Oyaltiel, rights and ~nefiu derived from (I) crops grow~ .on said se.:~ril,Y alld produce of the 1011 otherorille (2) oil, g... or mineral leue. uf the premises or any part thereof, now U1S!lOg or heremaile' made,. and (!) all other renll, USUel and profits of the premises from time to ti:ne accruing, whether under leases ~r tenanCIes now eXlitlOg or hereafter created; in each 'UC~I caM! with the right in the M.)rtl!a~e, but only at iu option, to rec~,ve a~d receIpt lherdor and to apply the u.me .. it may elect to any indebtedne.. lItCured h~reby, and the Mortgagee, at iu option, may demand, sue for and r~o\'tr any such paymenll, re~rvinl to the Mortga<<or, however, 10 long as said Mortgag':>r is not in default hereunder, the right to receive and retain such rents, iuutl and profi... (b) All judgments, awards of damages and settlemenll herealter made as a result of or in lieu of any taking; of ,the premiJes or any paM thereof under the power of eminent donuin, or for any damao;e (whether caused by such taking or other",..e) to thl' premises or the improvements thereon or any paM thereof; such part of any such judgment, awarn or seHlemenl, :IS the MOMgagee may elect to be applied to the indebtedneu hereby secull"d and the balance thereof, if any, to be reserwd to the party or partiet otherwise entitled thereto. TO H..\VE AND TO HOLD the abc)\'e granted and descriW premi.es to the s~id Mort<>ao;ee, its successors and assig;ns, forever. _. till .ill )(.r'~",,( ~.!.u. l...cf~k, 1...11, ,....~....lIl 11.,,- l:t), l.... __:..1 I."lfll, nod nlll ~L(,..II-d ,tn. :lalU~ a!l..A;'u," ,In.. L...f~l c;'.'- .. WI pll1l11d h_If~'.r; provided alwa)'1 that if Mort,p~or shall p"y to Mort~~C(ee that certain promissory note above described and sha\1 perform all other covenanU and condition. of said promiuory nole, and of any reneHal, rxtension or modi- lication thcrt'Of. and of this mortgage, then this mortgage ar.d the estate hereby cre1trrl ~ha\1 c("'e and he null and voie!, Mortgagor further co..~nants and a~ees with Mortgagee as fo\1owl: ./ ~ 1. To pay aU sums including interest securrd hereby when due, as provid~ for, in said promissory nete a~d. any reney'!o eiten.ion or modification thereof ann in this mortgage, al\ such sums to be payable m lawful monrv of the l mten C;",t~~ of .(tnerica at Mortga~ee's aforesaid prir.cipal office, or lit such other place as Mortgagee may designate in writing, 2. To pay when due, and without requiring any notice from Mortgagee, ,,11 taxe., a"rSJments of any type or nature and other charges levied or ","essed against the premi&es herebY encumbued or any interc,t d M')rtc;a~e therein, To jml'1~di. ately pay and diKharge any claim, lien or encumbrance sgainst such premises which may he or become .uperior to this mort- rap and to permit no derault or delinquency on any other lien, encumbrance or charge '\gaimt such premi~s. 3, If requill"d by Mortgagee, to also make monthly dep:>>iu with Morto;al(cc. in a non.interes: bearing account, to'(elher with and in addition to interen and principal, of a sum equal to one.twelfth of the yearly t;\xe~ and aSJessments which may be levied agaimt the premilleJ, and (if so required) one-lWelIth of the yearl)' premiums for in.urance thereon, The amount of JUch taxes, lUJeumenU ;oDd premiums, when unknown, sha1\ be eJtinutffi by Mortg;aget, Such deposits shall be used by Mortgagee to ~y such u.xes, asscumenll lUld premiums when due. Any insufficiency of such account to pay such charges when due shall be paid by Mortpgor to Mortgagee on demand. If, by reason of any def;;:ult by Mortgag;or under an)' provision of this mort. ~, Mortgagee decla~ a\1 sum. secured hereby to be due and p..yahl~, Morto;agee may then apply any funds in laid account Altaintt the entire indebtedness secured hereby. The enforceability of the covenants relating to taxe., aJJessmrnlS and insurance premiums herein otherwise provicled shan not be affected ~cept in 10 far as those obligations have been met by compliance Vlith this paraJl'aph. Mortpgee may from time to time at ill option waive, and after any such waiver rein~tate, any or a!l provisions hereof requiring such deposit~, by notice to Mortga<<or in writin,!, While any such waiver is in effect Mortgagor shall p..y taxes, lUJeSsmenu lI.nd insurance premiums IU hereii'! elsewhere provided, 4, To PAY all taxes, rtunp tax or other charge which rn3Y be auessed upon this mort~age, or said note, or indebte<\neu JeC>1red hereby, without re~ard to any law, Federal or State, heretofore or herealter enacted, imposing payment of all or any part thereof upon Mortpg<<. 1.1 event of enactment of any law imposing payment of all or any portion of any such taxes upon Mortl~, or the rendering by any court of last resort of a decision that the undertaking by Mortgagor, as herein provided, to pay such tax or taXel is legally inoperative, then, unless Mortga/for ne\'~rtheleu pays sud. taxes, all sums hereby ~cured, without any deduction, shall at the option of MOMgafee becom~ immediately due and payable, notwithst.lnding anything contained herein or any law heretofore or hereafter enacted, 5, To keep the premises insured apintt lose or duna~ by fi1'e, windstonn or extended coverage and such other hazards as may be required by Mortpgee, in fonn and amounb satisfactory to, and in inJurance companies approved by Mortgagee, and with accepubl.e mortga~ Iou payable c1alUeS atuched. Such policies, together with such abstracts am! other title e\'id~nce at may be required by Mortgagee, thall be delivered to and held by Mort(al'ee without liabili,y, Upon foreclosure of this mortgage or other acquiaition of the premi_ or any part thereof by MOMracee. lAid policies, ablttacll and title evidence shall become the abaolute property of MQrtp,ee. 15. 'to 8nt obtain the written consent of Mort~, .uen conse,ll to be granted or w:thheld :\1 the sole discretion of such Mort~, beCore (a) rernovinll' or demolishinll' any buiJdinll' now or herealtrr erected on the premises, (bl altering the arrange-./ e!\t. de.ip or rtructural character thereof, (c) makinr any repaiu which involve the remo\'al of structural parts or t~ . ure of the interior of such buildinll' to th,~ elemenb, or (d) except for domestic purposes, cutting or removing or penniltlOg e euttlnr and rmIOVal of :..,,. treet or timber Oft the premiu., {l 7. To maintain premises in good condition and repair: including but not limited to the makinlf of such repairs :u Mortgagee ma,. from time to time detenniDe to be D<<nsaJ'y for ~ preservation of the premises and to 'lot co~mit nor permit any waste thereof. e. To e:omply with all laws, on:Iinances. regulations, covenaDU, conditions and restrictions af!ecting the premise~, l\nd not to lUff er t:W pen:o.it any violatkin thereof, t. If ~lJ&IOf fails to pay uy claim, lien or encumbrance whkh is superior to L.:. mortga!;e, or, when due, any tax or --.n:JCnt Of huuran<e premium, or to keep the pretniJes in repair, or sh&11 commit or permit warte, or if there be commenced an,. actloD or proceeding afrcetlng tb~ pre:nUes or the title thereto, then Mortgagee, at ill option, may pay said claim, lien, en cum. ~e, tax, UMm1Mlnt or premilU11, 'W!tb ~ght of lubrogation thenander, may make soch repairs and take such steps at it deenu llCIviAbIe 10 prevent or cure ~ wane, and mal appear in any su:h action or proceedins and retain counJel therein. and take R1C:h action therein u ~onppe d_ advilab1e, and Cot any of aid purpolel Yor.gagee may advance such IUrns of money. WcluJinr AI! COlts, fea and other Items of expelue .. It d~ ~Cetsary. Mortp~ shall be the sole judge of the Ifgality, valMit-, and priority of lAY .uch claim. lil'.J1, encumbn.Q.:e, tax, &.ucarD1!tlt and premium, RDd of the amount neceu&i'Y te I;~ paid ba uti.sbetioft thereof, )(ortpgee shaD ~ be belti attO'.wta.ble fOl an,. elm}' hi makin, any such payment, which dela,. may ~t Va aD1 Kdl~al iAt.erM, COlt, d1&rpt " apeNe otbr.wiJe, f.'10. Mortgagor will pay to Mortgagee, immediately and without demand, all sums .,.-of money advanced by Moripietl pursuant to this mortgage, together with interest on each SUC11 advancement at th~' X"8.te of 61% per an..9)um, and all such sums and interest thereon shall be secured hereby if r.1.ade by Mortgagee for the account of Mortgagor because of Mvrigagor's defa.u11. 11. All sums of money secured hereby shall be payable without =lny retiel' whate~er from any valuation or appr,aJaement laws.