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HomeMy WebLinkAbout1722 ~b~i .... 7 272 ~T. LUCIE COVHTY. FlA. TOGJ.rnu wlrn all and ainsuJar the tenements, hereditamenu and appurten&nCI.S th~reunto belon!(i....g "I' in 3nywi.e theRuoto apperta.ininJ and the rents, u.uea and profita thereof, and a!so ~I the estate, right, title, inter~1l and all claim and demaDd wJ.auoever, .. wen ill law ~ ill equity, of the P-id Mort!lAlOr in and to the lame, ir.cluding but not li:nited to: (a) All rents, profits, revenue., royaltiea, rishu and beneliu d~rived from 1,1) crops grown 011 said security and produce of the .oil otherwiac (2) oil, eu or minl1:ral leaaet of the premi.e. or any part th~reof. now exisring or hereinafter made, and (~) aD other rents, u.ue. and profiu pi rhe premises from time to time accruing, whether under leases or tenancies now existing or hereafter cle..ted; in each luch ~ with the righ. m the MortK..ttee, but only at its option, to rec~ive and r"r~ipt therefor aDd to apply the aame as it rosy elect to any indebtedne.. ICcured hereby, and the Mortgagee, at ill option, may demand, sue fN and recover any luch paynlents, rete~inll to the Mortgagor, however, 10 !on!! ,. said Mortgag~r is not in default hueunder, the riaht to rece;ve .nd retain luch rents, Uluf!l and pr06ts. (bl ,"II judgments, awardl of dam.... and ICttleIDenta hereaftcr made a' a result of or in lieu of a~y taking of ,the pnmi.es or any J>>rt th"reof under the p"....er o! eminent domain, or for any damal(e (whether caused by such takmg or otherwud to the premiles or the improvemenu thereon or any part thereof; such part of any 5t:ch jud!\ment,. award or settlement. H the Mortgagee may elect to be applied to the inc!ebtedneu hereby Kcured and the b:dance thereof, if any, to be reserved 10 the party or pattiet othel-...i~ entitled thereto. TO HAVE AND TO HOLD the above granted and described premi.es to the snid Mort"al(ee, ill successors and aSSIgns, fonvcr, Mil Mil ..ill )( ""IlISf ".u "'11'1~' (.AI) .J .t lh.. ...1- l~ _:.1 1_...1, ....1 ..;1\ A.f".d tl" .~.... _!..:,..t the 1",..h.1 -"i15;~' ..l .11 r--.r--- .L_ T Ir; provided always that if Mort!(at{Or shall P,'y to Mortgaltee that certain promiuory note above de.uibed and shall perform all other co\'cnanll and condition. of said promissory note, and of any renewal, extension or modi, fication th,treof, and or thjs mortga~. then this mort!(age and the estate hereby cre'\t~rl .hall c~"~ and he null and voirl Mt>rtgagor further eovenanU and a~rees with Mortgagee as follows: I. To pay aU IUIlU including interett Kcurfd hereby 'when due, as providrd for in said promissory note :>nd an)' renew:>!. ~xtenaion or modification thereof and in this mortgale, all such sunu to be pay:>"le in lawful money of the l'nited St"te. of America at Mort!(..~ee's afcresaid principal office, or at luch other place as Mortgag~e may designate in w(itinl1;' 2. To pay when due, and without requiring any notice from Mort<:a1(ee, all tax~,. ."'r&sment, of any type or nature and other Lharges levied or a,w-\Jed altainst the premises h~reby encumbt-red or ..ny intere,t of M'ntl(a\:e therei;], To immedi- ately pay and discharge any clajm, lien Of encumbrance against such pr~mi.e' which ma)' be or beccme .uperior to this mort- ca<<e and to permit no defadt or delinquency on any other lien, encumbrance or char1(e a~aimt such premi~s, ~. If required by M0l11aKee, to abo mw monthly dep'-"iu with Mortl(all:ee. in .. non-intere.t bearing account, tOl1;ether with and in addition to interest and principal, of a sum equal to on~-twelfth of the yearly t"xes and ancnmenh which m:>y be 10evied again.t the premUes, and (if 10 required) one-twelfth of the ~arly premiums for in.urance ther~on, The amount of such taxet, a&seUmenu and pnmiuma, when unknown, ahall be eltimatffi hy Mortga~ee, Such deposits .hall be uled by Mortgagee to pay IUch taxes, auessmenU Ilnd premiums when due. Any insufficiency of .uch account to pay such chnrges when due Ihall be paid by MortplOl' to Mortp~ on demand, If, by reuon of any default by Mort!(a!(or under ;\ny provision of this mort- pjte, Mortgasee declarel all SU'lU KCurcd hereby to be due and pa)'3bl~, Mortl!agee may then apply any fund, in said account Il~nst the enti~e indebtednen lecured hereby. The enforceability of the co..-enanU relating to taxe.. anessmcnts and insurance premiums herein otherwiJe proviCled Ihall not be affected except in 10 rll.r as those obliltations h..ve ken met by comi>jian~e WIth this parag:-aph. Mortg.gee may frem time to time at iu option waive. and after any luch wai\'er reimtate, my or all provisionl hereof requiring such oepo-..iq, by r.otice to Mortpsor in writin~, While any such waiver is in effect Mortgagor shall pay taxes, u.-......"ta ADd insurance premiuml &I herein e1lewhere provided. 4 Teo pay all taxet, ltamp tax or other charge which m:!.)' be asaelsed upon this mortgage, or .aid note, or indebtedness secured bereby, "ti thou t ~ard to any law, Federal or State. heretofore or hereafter enacted, imposing paym~nt of all or any put thereof UpoIl Mortpsee. In event of enactment of any law imposing p..ymfnt of all or any portion of any !uch taxes upon Mo~-ee, or the renderinlJ by any court of I&lt relOrt of a decision that the undertaking by Mortgagor, as herein provid~d, to pay such tax or taxeI it 1eca1lY inoperative, then, unleaa Mortga!lor nevertheless p3y~ such taxes, all .ums hereby lecured. without any deduction, ahall at the option or Mortpp become immediately due and payable, notwith.tanding anyt~ing contained herein tw any law bnetofore or hereafter enacted. ~. To keep the premises insured .,.mn Iou or damale by fire, windstorm or extende<1 coverage and such other hazards as may be required by Mortgasee, in form and amounta aatitfactory to, and in insurance companies approved by Mortgagee, and with atCA!ptabIe ~ Iou payable claUJC1 attached. Such !'Glicies, together witll luch abstractl and other title evidence as may be required by Mortlllgee, ahan be delivered to &lid held by MQngqee without liability. Upon foreclosure of this mortgage or other acquisition of the premisea or any part thereof by Mortgagee, lAid policie1, abatracts and title evidence shall become the absolute property of Wo:'tgag-ee. Q, Tc; 1m obtain the written content of Mort<<asee, such con~nt to be !(ranted or .vithheld at the IOle discretion of such Wo~ betore (a) re.-navi!lS or demoliahing any buildinl now or hereafter erected on the premi~s. (b) altering the arran~e- (. _t, design or structural tharacter then;of, (c) makin<< any repairt which involve the removal of Itructural parts Or the" exposure of the interior of such building to the elements, or (d) except for domestic purpGSl1:S, cutting o~ remo,'ing or permitting JI the culline and removal of any trees or timber on the premitei. ~ 7. To naintain premisea in good condition and repair, including but not limited to the makin", or such rep:.irs as Mortgagee may from time to time de1ennine to be hece.auy for the preservation of the premises and to not commit nor permit any waste the:-eor. e. To comply with .0 kWl, otdinancea, regulati_., covenanU, conditiom 3nd restrictiC'lnJ affecting the premis-es, and not to avlfer Cll' pemili any viclatka ~. 9, If MortJa&Ot falls to pay any claim, lien or encumbrance which is luperior to this mortgage, or, when due, any tax or rll .~t Cll' msura&;e premium, 01' to keep the premiIei in repair, or ahaD commit or permit waste, or if there be commenced &111 actIoct or proceedin, aftecdns the pr-emild 01' the title thereto, then Mortc~, at its option, may pay said claim, li~n, encum. bnnce, laX, t...Jll v;eftt or premivm, with ,right of .ubroption thenundet, may make lurh repain and take luch steps as it deenu atlvI.aab1e to pnvent or cure rueb waste, and may appear in any ruth action or procecdir:g ar,d retain rewuel therein, and take auch action thet'~n &I ),(ortgag~ d_ ad...ble, and for any of Kid pUrpocI Monpg-ee may advance IUCh lurns of money, lDc!w!Cic 3ll cotta, r~ and other items of ~ .. it deems nece.ary, MortplJel ahaD be the IOle judge of the legality, nUdity and priority '" any luch claim, tim, elKumbnDce, tax, &lleSAnent an<:! premium, and of the amount neccuary to be paid iu ~t'Af~tion :bereof, Monca('Ce th&l1 DOt be held ~aahle for any delay in mall'll any such pr.yment, ,..bich delay may __to ;.. ..... ~ IBllllt1llt. ClIIIL chams or ~ othCrwi..,. 10. Mort.pior will pay to MortPiee, immediat~1y and without demand, all sums oC moeey advanced by Mortgagee purs1.-1aJlt to this mortgage, together with interest on eachqUch advancement at the rate of 6tv. per ennum, and all such sums and interest thereon shall be secured hereby if made by Mortgagee for the account of Mortpgor beca.use of Mortpgo'f 18 d~fau1t. 11. AU eama of money aecured hereby shall be payable without any relief whatever from any valuation \)r appraisement laws. , 1)