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HomeMy WebLinkAbout0988 . . . :', .', . . . . - ,.' . . . ;. ~ .' ~. . " .' ., . '. ..... '. \ i , O.R: 8001 14 PACE238 -;i, LUCIE COUNTY. flA. TOOETHD WITII aD and Iiqular the teDemenb, hereditame1ltl and appuneD&DCeI th~to beIonPnc 01' in aIIYW_ theftUDto appenaininl and the reob, u.un and profitl theftol, and abo aU the estate, risht, title, intetesl and all claim and demaad wha~r, u weD in law u Us equity, of the aUd Wonlasw in and to the same, incIudilll but DOt limited to: (a) AU rnta, profits, revenues. royaltin, risllu and benefiu d~rived from (I) UOpl IIOWD on laid eecurity and produce of the lOll" oth~rwiae (2) oil, IU or mi_ral leues of the premiael or any part thereof, now ewUq 01' hereinaIter made, and (') aU oth~r rents, u.uea and profits of the premises from tilM to time a<<ruinl. wheth~r und~r ~ or teoancies now exiatina or hereafter creatM; in each I\Ich caae with the risht in the Mortp~, but only at iu option, to rettive tnd receipt th~refor and to apply the same U it may ~lect to any indebtedneaa secured hereby, and the Mortlacee, at iu option, may d~mand, lue for and reco~tr any such paymrnu, reaeninl to the Mort~ap, however, 10 IonS u laid Wortgasor is not in default hereunder, the rilht to rK~i~-e and reta;n luch renb, i.ues and profitl. (b) All judgmenh, awardl of damqes and wttlemenu h~reafter mad~ as a result of or in lieu of any taking of the pr~miJel or any part thereof under the powrr of ~minent domain, or for any dama~ (wh~ther caused by such takina or oth~rwiae) to the pnmi,," or th~ impfOYf'lTK'nts th~reon or any part ther~f; such part of any such judgment, award or Jettlem~nt, as the Mortga~re may ~1<<t to be appliM to the indebted,.~ here1)y aecured and the balance thereof, if any, to be rnervM to the party or p:\rtira o'herwi~ ~ntitlM thereto. TO HAVE AND TO HOLD the above p-anted and descnDed premises to the s:,id Mortsagre, iu lUC:C:etIOrI and aaaipa, fo~r, and the said Mortgagor does hereby funy warrant the title to said bnd, and will d~f~nd th~ same asainst the lawful claims of all penoDJ wholmOenr; providM always that if Mortlla~r shall pay to Mortg3~ that c~rtain promiuory note above describrd and shall perform all (ah~r CO\"eIlanU and conditiona of said promiuory note, and of aay renewal, ~xtena!on or modi- fication therrof. and of this mortgage. then thil mortp;age and the estate hereby nntffl shall ('r,,'e and he null and void. Mortgagor further c-ovrr.anU and a~ with Mortgagee as follows: I. To pay an sums induding int~reIl secured h~reby wh~n due, al providM for in said promiuory not~ and any r~newal, exteDJion or modification thereof and in this mortgase. all luch sunu to be payabl~ in lawful mon~ of the United Stat~s of Amerka at Mort~alt<<'s aforesaid prinripal office, or at such other place as Morts~ may designate in writing. 2. To p3y when due, and without requiring any notice from Moru:3gff, all taxN. a.unsments of any type or nature and other ,-harges levied or assessed a~ainst the premises hereb)' encumbrred or any internt of Mortgase th~~in. To imrneoi. ately pay and discharl:e any claim, li~n or ~ncumbrance against s\l('h pr~mises which m:\y be or become superior to this mort- pse and to pamit no d~fault or delinqu~ncy on any other lien, encumbran('e or charge against such premises. 3. H required by Mortpgee, to abo make monthly depo.iu with Mort~a!l;re. in a non-interest bearing account. t~ther with and in addition to intere1lt and principal, of a sum equal to c:me-twdfth of the yearly talles and auessmenb which may be levied a~ain.t the premiws, and (if so required) one-,-Ifth of l~e yearly premiums for insurance thereon. The amount of such taxes, oweuments and premiums, when unknown, shan be estUnatl'd by Mort~. Such deposiu shaD be wed by Mortgal'=f' to pay such tolXet, auessments and p~miurns wh~n due. Any insufficieney of such account to pay such ('harges when due shaD be paid by Mortpgor to Mortgasee on demand. H, by reason of any default by Mortga~r under any provision of this mort- ga~, Mortgagee declarn an sums secured bereby to be due and payable. Morts&gee may then apply any fundi in said acc:ount a!f&iDJt the entire indebtMness sKured hereby. The enforceability of the CO\"eIlanU relating to taXe1, asteIIIJIenb and insurance premium, h~rein otherwite provic:lM shall not he affected except in so far as thole oblilfatioDJ have been met by compliance with this parattraph. Mortpgee may from time to time at iu option waive. and after any such waiver reinstate, any or all provisions hereof requirins IUch deposib, by notice to Mortpgor in writing. While any such waiver is in rftKt Mortgagor shaI1 pay taxes, _nb and iMUrance premiums as herein elsewhere provided. 4: To pay all taxes, stamp tax or other charge which m:lY be llSIeIscd upon this mortpse, or said note, or indebtedDeta secured hereby, without n1I;'ard to any law, Federal or Sute. b~retofore or hereaftu ~nacted, imposins payment of all or any part th~reof upon Mortpgee. In event of enactment of any law imposinS payment of all or aDY portion of any such taxes upon Mortgagee, or the renderin~ by any court of last retOrt of a decision that the undertakin<< by Mortpp, u herein provided, to pay Rich tax or taxes il legally inoperative, theD, unleu Mort<<&IlOr ne\ocrtheleu pays sucb taus, all IUJDI hereby lecured, without any deduction, shaD at the option of Mortg&pe become immediately due and payable, notwidutandina anything contained herein or any law he~tofore or h~reafter enacted. I \ j . 5. To keep the premises insured agailUt Iou or dlUJ1&le by fire, windstorm or extended c:cwefqe and such other huarda u may be required by Mortgagee, in form and amounb satisfactory to, and in iDJurance companies approved by Mortgagee, and with acceptable mortgasre loss payable c1awes attached. Such policies, together with such abctrac:u and other title evidence u may be required by Mortt{3gee, shan be delivered to and held br Mortp.See without liability. Upon forecbure of this mortple or other acquisition of the premiJel or any part thereof by Mortgacee, said policies, abltracu and title evidence aha1l become W ablolute property of Mortpgee. 6. To fint obtain the written COOIeIlt of Wortppe, such consent to be granted or withheld at the sole discretion of such Mortp<<ee. before fa) removin<< or d~molishing any building new or brreafter elUted on th~ premiJet, (b) a1terinlf the arranae- \\ ment, design or structural charact~r thereof. (c) makina any repairt which involve the removal of Itructural patU or the exposure of the interior of such buildin<< to th~ elemer.~, or (d) e-...::ept for domestic Purposc-l. cuttinl or retnO\'ina or permittin<< ( the cuttins and removal of any tnet or timber on the premiaet. 7. To maintain premilet in good condition and repair, including but not limited 10 the makin~ of sudl rep3in.. Mortppe may from time to time det~rmine to be necessary for the praervation of the premiles and to not commit nor pennit any waste thereof. 8. To comply with all laws, ordinances, resulatioDJ, covenanU. conditions and ~strictioDJ a1fectin<< the premises, and not to lUBer or permit any violation thereof. 9. If Mortl&gOr faib to pay any claim. lien or encumt.ance which is superior to thil mort<<ase, or, when due, any tax or .-.ment or insurance premium, or to keep the premises in repair, or Ihall COIIIInit or permit walle, or if there be commenced any action or proc:eeding ail'ecting the premises 01' the title thereto. th~n Mortpsee, at iu option, may pay said claim, lien, enc:um- bnrKe, tax. _t or premium, with right of subrogation thereunder, may mUl! II\J("b repain and take such Ite~ u it deems a.dvisable to prevent or cure such waste, and may appear in any such action or proceedi"l and retain COUD8el therein, and taIIe auch action th..rein as Mortgal{ee deems advisable, and for any of said purpolet Wortsacee may advance such IWDI of mooer, iDcludiq aD COllI, fees and other items of expenJe u it deems necessary. MortpJ'ee shaD be the IOIe judp of the leplity, validity and priority of any such claim, lieu, enc:umbnnce, tax, ....-.esanent and premium, and of the _t ~ to be J*d in ..tisfac:tion thereof. Mortpgee ahalI not be held acco\\DtabIe for any delay in makin<< any such payment, which delay may result in any additional interest, coil, charaa or apaue otherwise. 10. Mortgagor wiD pay to Wonppe. immediately and without demand, aD _ of money advanced by Wortppe pwIlt- aIIt to thia mort~, eos-ether with interest OIl each such advucement at the rate of ten per cent. (l~) per aDIlum, u-" aD IUCIl IUIDI and int~rat thereon ahaD be IKUred hereby. II. AU IUIDI of money secured herebr .... be payabae witltout MY relief wbaIewr from any vahaatioa 01' appraiIemeDt IaWl. . t 2. If defauh be mAde in par-t cI any i-..t-..t cI priDcipaJ or iDterat cI laid __ or any put thereof when dIM, 01' ID pa)'IIKDt, when dIM of any other _ Iec1INd ........,. or ill pedormance cI any of W~. obIiptiODl, eovenanu or apeemeDtI hereunder. aD of the indebcedDeaI aecured bereby IbaD becoa. and be ilmDediatel, the and payable at the optiOD cI W~, without notice 01' demand wIaJda an ........, ~ waived, ill wIUda neat Wortppe ..., aniI itaelf cI aD rirbII .~. .. ..... !.... --