Loading...
HomeMy WebLinkAbout0998f:. R. ~U F1;cE3~U f?U; K TOGBTH1Elt WITH e11 end singular the tenements, hersriitamenta and appu:tenatic~i9~ihereuntu belonging ar in any- wisE+ the>rcunw apperZ3ining and the rents, isaucty and profits thereof, and also all the estate, right, title, intercv~t and all claim and deutand whatscwver, as well in law as in equity, of Diortgagur in and to ilia same, including but nut limited to: (a) AI! rents, profits, revenuE~v, nryaltis:v, nghts and beuefitx deriv~xt irum (1) crape grown un said security and produce of ths• soil otherwise ('l) oil, gas or mineral h•aaes of the premisttii ur any part therec,f, now existing ur hereafter mods, with the right to receive and receipt therefor and apply the same to the indebtec~iesr stcun•tl hereby either }adore or sf-er any default hereunder, and Mortgagee may demarul, sue fur and.rt+euver any suoh paymc+nta but shall nut t,o requirctit su to du, and (3) alt other rents, issues and prut115 of the premises from time to time socrutnq, whether uuder leascty or te~anoius new existing ar hen>after created, revserving LQ :~turtgagur, howevEar, so lung as :lturtgagor is nut in default hereunder, rho right to rE•eeivo and cocain the rents, issues and profits in clauses (1) and (3i hernin. (b) All judgutents, awards of damages and settlements hetrafter made rnsultinq from condemnation nrcceeciings ur the taking of the premisRV or any part thereat under the power of etuinent domain, ur fur any damage iwhc•ther causexl by such takingg or otherwise) to the premises ur the iropruvratenls thereon ur say part thereof, or to any nghts appurtenant [hereto, iuchx}irtg any sweat fur change of greuio of streets. Mortgages+ is hereby authuriztxi, on behalf and in the Homo of Mortgagor, to E+xmt[te end deliver valid atvtuittances for, and to appeal irum, env ruch jucTgments or awards. Mortgagee may apply all such Burns or any part ther-ecrt au received, otter the payntent of all of its expenses, including cults and attorneys' fees, on the inciebttt}nr+ss securer} hereby in scch manner as it els>ots, ur, at its option, the satire amount ur any part thereat su received may }x+ releascrl. - v TO }iA~'F AtiD TO [TOLD the above granted and deacri}xri premises to Diortgagm, its successors and assigns, forever, and \turtgagur does horeb}• tally warrant the title to said land, and will de&•nd the same against the lawful claims of all penuns whomscx•ver; pnrvidcri always tjtat i[ Mortgagor shall pay to ~lortgagee iliac crttat i ;::ortissnry note atxn~e dcr:cribed and shall perform a1I other covenants and cunditiuns of said prumis~ory note, and of any renewal, extension ur modification thereof, and u[ this mortgag©, then this mortgage and rho estate hereby created shall ce8.ve and be nut! sad void. Murtgttgor htrther covenants and agrees with 1\fortgageo 6s follows: 1. 'fu pay all sums including interest sErurcvl hereby when due, as provided for in said promisaury note and and: renewal, ea tension or mudi3cation thereof and in !hie ^urrtgage, all such sums to be payable in law ul money of rho l•nitccl Sta!cs ut America at Mortgagee's afurtsaid principal office, or pt suoh other place as Dortgagee may designate in writteg. ~'. '1'o pay rlu•n duE•, .uul without requiring An+• notice franc Murigaget>. all taxes, assESSnu•uts of Any tylx> ur nAture Anil other ehnrges -ecial c,r nss+•sssvl against the premises hereby oncuuilx•rsvl and pr.xlure nreipts therefor ul~ni denr.End. '}'o inunErliately pa}' and dischArge an}• claim, lien or encumbrance against such ;rremises H'hiE•h mAy he ur b+,ronn• superi+,r to this mortgage And to permit no dehtult or delinquency oft any other lien, encumbrance ur charge agAiust such premi=+•~+. a. If nrluired by Dlurtgagee, to also make mcmthly 4lepusits with riortgagae, in anon-interest bearing account, together with and in addition to interest and principal, of s cum tr;ual to dtto-twelft of the yearly taxes: and assE~soments which aces be lgvisrl against rho premises, and (if su rcxtuvctil} ono-twulfth of the yearly pprc[niums for insurence there.rn. 'f he Amututt of suph tease, asseasmrnts and premiums, when unknown, shall be estimated b7 l~turtgagee. Such deposits shall hu tY:;aci by ~lort- F,aAm to pay such taxes, assessmentr and premiuns when due. Any insufhciene}• of ouch account to pay such nharges wi[en due shall be pai<t by llfortgagor to Mortgagee un demand. If, by reason of any default h}' Mortgagor under any provisiuu ut this mortgage, Diortgags'P dcxlares all sums seourtri hereby to be due and payable, Murtgags+e may then apply any funds in said acct,unt against the entire indebttrlness socursrl hereby. 'the enforceability of the covenants rotating to taxes, assessments and insurance premiums herein otherwise provided shall not he affected except in ac far ag those nhligations have been acct by compliance with this paragraph. bUxtg ee may from time to time at its option waive, and after any such waiver reinstate, any ur all provisions herc~uf requiring such deposits, by notice to Diortgagur in writink. «hile ens such waivur is in c•Bect \iortgagur ;haft pati•'taxes,~.,•.vc+stirucnts and insurance premiums av here[n elsowheru provided. 4. 'I'o prompth• pay all taxes Aud nssessn[euts assesEVl uY levirvl ands>r and hp virtue of any sttde, tcvlerAl, ur nninicipsl law or requlntiun bereaftcr paE•d. Against Alortgttgcr> u;xai this mortgage nr the .1eht hereby ssrunvl, ur upon its interest Under t}Ill mnrtgAgl>, pr+)~•IdMI hllN'f•\"1•i, t}IAt the t/rtAl 81n1,!IIIL till p$Id t,,r Ally tilleh taxf`.ti pllr;llAnt t+, tlllK par:tgrapl! together with the inten>st payable on s:[id indehtcvlness :+lral! nut exccvvl the highest lawful rate ut inlen•;t in F'Io[idA and providsvl further that iu Uu• event of the passaEge of any such IAw or rrgulAtiuu, the entinr indebtsvlness wrunvl by this mortgage shall thereupon bcrunu+ iuuuediutcly due and ;ray-able at the option of ~turtgagee. 5. '1'o keep the premises insur~ri against loss ur damage by fire, windstunn and such other hazards av may tx• rcx~uirecl by ~Sortgagec+, in form and amounts satisfactory to, and in insurance companies approved by \iortgagex>, thu policies or which insurance shall he payablu to !liurtgaggen. Such poiicie:v, and abstrac4s and other title uvic~ence, shall },c+ delivertYl to and hold by Mortgagoo. Upon foroclosuro of t-tis mortgage or other aa}uisiliun of the premises or any part thereof by Mortgagee, said policies, abstracts and title evicteuco shall become the ahsolutu property of AfurlgagEx+. ti. 'To first uMam the written consent of Mortgagee, such con•;ent to }re granttri ur withheld at the lulu discretion of such Murtgagm, }x>tore (a) removing ur demolishing any building now ur hereafter erected on the premises, (b) altering the arrange meat, dmign ur structural character thereof. (c) rnakinq any repairs'~'hich involve the reuxrval of structural parts ur the expusure+ ut the interior of such building to the elements, or (d) except for domE>stic, purposew, cutting or r^movinq ur pE•rmrttinq thv cutting and removal of any trees ur timber on the premiss. 7. 'I'u maintain premisav in good condition and repair, including but not limitri to the making of such repairs &.v biurtgagm may from limo to time determine to be ntcessar}• for the preservation at the premises and to nut commit roc permit any waste thcrcut. H. To compl~• with all laws, orclinances, regulations, -^+n•enants, cunditiuns and rea!rictions alle•ctinq the premiscv, and nut to suRer or pennrt any violation thereat. ' 9. It Murtge.gor tails to pay any claim, lien of encumbrance which is superior to this nutrtgaq~, or, when +},•e, any tax ur aw;essntE>nt ur insurance , renuutn, ur to keep the premises in repair, or shall eoutmit or permit waste, or if there }xr nuuunenc«i any action ur pnrccx+?linq afTsrting the premises ur the title thet•etu, including, bat not linrittrl to, eminent domain and hsnkntptm• ur rsrrrgAnizatiun proctrrtink~c, than Diurtgagee, at its option, may pay said clean, lien, encumbrancr, tax, axsessment ur pre•mnin[, with right ut suhrugatiun thereunder, may make such repairs and take such steps aF it dorms atlvisahle to prevE-tri ur cure sac}, waste, and may appear in any such action ur pnwoec}ing and retain counsel therein, and take such action therein a; ~turtgaggee dsrms rulvisable, and h,r any, of said purlwses itortgagE•e may advance such sums of money, including all costs, n•asona},Ic attontev's fs>t>s and ether items of expense av it deems ncottwsar:. ~turtgags+t+shall he the sole judge of the legality, validity nncl priority of any such claiut, lien, encumbrance, lax, assessment and premntm, and of the Amount nsctssary to tx• paid in sAtts- f:utioa thertr,f. Mortgages+ shall nut be held accountable fur any tie}ay in making auy- suoh payment, which delay may result in env additional interest, costs, chargsrn or expense otherwise. 10. Jfurtgagur will pay to Murtgagee, imnurliatelp and without demand, all sums of money ad4•anccrl by ~lurtgagee punuaut to this nurrtgstgc>, including all cErsts, reasonable attorney's ttrs and other items ut expenss•, together with inlen>st on each such advancement at the rate of ten per cent. (IOc'~) per annum, and all such sums And interest thertvm shall be sscurErl he>rehy. 1 1. Atl sums of money soured hereby shall be payable without am• relief whatever from any vAluation ur appraiseuu•nt Iswr . 1'l. If default }>E+ fnade in payn:enl ut any Installfneilt Ut pClnClpal ')r rhterE-;t O( said note or [trn• part therev,f when due, or in pavmc•nt, when due, of any, other sum sccurat hers>hy, or in ;x~rtoeroance of any of \turt~ A};or's obligations, covenant, ur Agrrr•nu>nts hereunder, all of the indehttriness sec+ure41 hereby shall become and he immediate~~ due and payable at the option of \iurtgager, without notice or demand which are hereby expressly waival, in which event JturtgagEr+ may Avail It:;f•if of all rights and remedies, at law ur in srluity, and this mortgage may he forsrlosect with all rights and renuviies Afforded by the laws of Florida and ~iortgAgor shall pay all costs, charges and axpenser thereof, including a reasonable attorney's ftrs>. Ia. It default be matte in payment, when due, of any indehttriness ssrcurEVl hereby, or in performance of any of \turtgagor's obligations, covenants ur agnvmenla hereunder: (a? Mortgagee is authorizat at cry time, without nutrce, in its sole discretion to enter upon And take crusse•s,ion of the premises nr env part thereof, to perform any acts ~fortgAgee dcr;Ins nccessarti• ur proper to conserve the sErurity and to colhrt and rtr<ive all rents, issum and pruits ths•r~r,f, includinX those pa.t due. av well av those accruing thereafter, rod (1,? ~tortgagsr shall cur entithvl, as s matter of strict right And without reseal to the value or occupancy of the security, to hats' a rcceiyer ap;xrintcvl to enter upon and take possr_ssion of the premi:;c=s. collc>el the rents and proi;i:; thendrom And Apply the sAtne as the cwurt may direct, such rsreiver to havo all :tic ril;hts And powers permitted under the laws of Fluricla. In E~ithor such case ~~ortgty;c•e or the receiver may also take passesswn of, And fur thesu parposs:s use. any amt all personal property contained in rho premises and ustrl b}• Mortgagor in fire rEntal or Ic•asinq thermf nr Any part then>ut. '!'he exp,vise (incluc}irq react,. er's fax :, a6;t+nsel fees, casts And Agent's compensation) incurrtd pursuant to the ~rwen hers•in containErd shall be strunvi hereby. ;!lortgAgE>e shall fatter payment of all costs and c•xpense+ incurreVtl apply such rents, irvues and profits rsrcicrvl by ii un the indebtsvlnc•sv secured hc•rehy in such order As ~turtgagE~determinezr. The right to enter and take posses,iun of said prupc•rty, to r:tanAge and operate the same, end to collect the rents, issues and proflts ths>rnrf, whether t>,v a receiver or otherwise, shall },e cumuiatice to am• other sight nr remErly hereunder or aftordet} by law, and may !x+ exerciser! concurrently coca>with or indcFer.eiently thereof. ~forigagee shall tx+ liable to acarunt only frr suoh rents, issues anu profits actually rs,~eivEVt by ~Sortgagee. - ` t y• ~ Yi - ~ -~ --