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HomeMy WebLinkAbout2043r- •} . rf c~ v • TOQ6THS)R ~'Pl'IH all and singular the tenements, hereclitaanents and a purtenanoes thateuntu belonging or in any- ~~ise the:ounto appertaining. anti the rents, tsaues and profits thereof, and also -11 the estate, right, title, interval and all claim and demand whatsoever, as well in law as in equity, of Mortgagor in and to the same, inoluding but sot limited to: (a) All rents, profits, rovenuee, royalties, nghGs and boneftta denved from (1) crops grown on said security and produce of the soil cthet•wise (3) oil, acs or mineral txssra of the premises or any part thereof, now existing or hereafter made, with the right to teoeive and reacipt therefor and apply the same to the indebt Hess scoured hereby either before or otter any default hereunder, and Mortgagee may demand, sue for and r•eoover any auoh payments but shall not be required ao to do, and (3) all - other rents, issues and profits of the premises from time to titttis soorutng, whether under losses or tenanoiea now existing or hereafter are+ted, reserving to Mortgagor, however, so long as Diortgagvr to not in default hereunder, the right to receive and retain rho rents, issues and profits in olauaee (1) std (3) herein. (b) All jidgments, aw~arda of damages and settlements hereafter male resulting from condemnation proceedings or the - taking of the premises or .ny part cheroot under the power of eminent domain, or for arty damage (whether caused b}• such talong or otherwise) to the prerniacls or the improvements thereon or any part thereof, or to anp rights appurtenant thereto, including any award fur change of gruie of streets. Aortgagee is hereby authorigzed, on behalf and in rho name ~ vi Rptg~ B All to execute and deliver valid acquittances fur, and to appeal from, an auoh ud manta or awards. 1\iortgagee fees on the auoh auras or any part thereof so rtxeived, after the payment of all of its expenses, indudinq Deals and attorneys indebtedness secured hereby in such manner as it sleets, or, .:its option, the entire amount or any part thereof so received may be released. TO HATE AND TO HOLD the above granted and described premises to Mortgagee, its au•~oesaora and assigns, forever, and Dtortgagor does hereby family warrant the title to said land, and will defend the same agstnat the lawful claims of all persona whomsoever; provided always that if Mortgagor shall pay to Mortgagee that certain promtasory note above described and shall perform all other covenants and oonditiona of said promtasorv note, and of any renewal, extension or modifloation thereof, and of this mortgage, then this mortgage and the estate hereby created shall cease and be null and void. I1lortga~gor further cavonanta and agrees with Mortgagee asTollowa: ~ - 1. To pay all sums inoludirlg interest secured hereby when due, ss provided for in said promissory note and any rene~vsl, extension or modlflaation there+ and in this mortgage, all auoh sums to be payable in lawful money of the Unitcxi States of America at Mortgagee'r aforesaid principal office, or at atlah other place as hlortgageo.may designate in writing. 2. 'fo pay when due, and without requiring an}' notice frotrir4lortgagee, t.h taxes, assessments of any typo ar nature and other charges levied or assccssctil againsE the premises hereby eneumbenci and prcxluce receipts therefor upon demand. To immediatrl-v pay and discharge any claim, lien or encumbrance against auoh premisevs which may bo or bec{tmo superior to this mortgage and to permit no default or delinquency on any other lien, encumbrance urcharRe against such premises. ' 3. It required by Mortgagee, to also make monthly deposits with Mortggages, in anon-interest bearing account, 1 ther with and in addition to interest and principal, of a sum actual to ono-twelfth of the yearly taxes and assesamenta which may be levied against the premises, and (if so roqurred) one-twelfth of the yearly ppremiums fur maurance thereon. The amount of such taxes, $,csoasments and premiums, when unknown, shall be estimated by Mortgagee. Such deposits shall be used by hiortr g~gee to ply such taxes, assessments and premiums .when due. Any inautficieno}• of such account to pay such charges whon due shall be paid by Diortgagor to Mortgagee on demand. It, by reason of any default by Mortgagor under any provision of this mortgage, biortgagoe dealaros ad sums sec~rod hereby to be due and payablo, 14Sortgagoe may then apply any funds in said account „galnst the entire mdebtedness secured hereby. The en[oraeability of the ooveasnta relaiing to taxes, assessments and insurance pre~tiuma herein otherwise provided shall not be affected except m so tar as these obligatwns have been mot by compliance with this paragraph. Mortgagee may from lime to time at its option waive, and after any ouch waiver reinstate, any or all provisions hereof requiring such deposits, by notice to Mortgagor in writing. While any such waiver is in efYeot Dortgagor shall pay taxes, assessments and insurance premiums ds harem elsewhere providod- d. To promptly pay all taxes and acsessments assessed or levied under and by virtue of any state, tedcral, or municipal law• or regulation hereafter paved, a{{ainst ~jiortgagee upon this mortgage ur the debt hereby stcurcKl: or upon its interat under this mortgage. provided however, that the total amount so paid for any such taxes pursuant to this paragraph together with the inten:a payablo• un said indehteciness shall not exceed rho highest lawful rate of interest in Florida and pruvldcYl further that in the event of the pasago of any suc!t law or regulation, the entire indebtecLiess secured by this mortgage shall ihereupun become immediately due and payable, at the option of Mortgagee. 5. To keep the premises insured eeggaa-inat loss or damage by fire, windstorm and such other hazards as may be roy~ired h ;`iortgagee, in form and amounts satisfactory tn, ar:d in insurance companies approved b l~iort{;agee, the polioit~ for which ~nsuranae shall be payable to Diortgagoe. Saab policies, and abstract-9 and other title evtdenoe, shall be deli~ercci to and 681d by liortgagoo. Upon foreclosure of this mortgage or other acquisition o[ the premises or any part thereof by Mortgagee, said pohcles, aostr.~ets and title er~dence shall beoomo the absolute property o[ Mortgagee. 6. To first obtain the written consent of llortgageo, such oonsont to be granted or withheld at rho role discretion o[ such ':Mortgagee, before (a) removing or demolishing any building now ar hereafter erected on the premises, (h) slte,ing thn nrrango- ment, design or structural character thereof, (o) makingg any repairs which involve rho removal of structural pats or the exposure of the intenor of such building W the elements, or (d) except tar domoatio purposes, Duffing or removing nr perntitting the cutting and removal of any trees or ttntber nn the premises. 7. To maintrin premises in good condition and repair, including but not limited to the making of suck repairs as hiertgxgeo may from time to limo determine to be necessary for the preservation of the premises and to not commit nor permit any waste thereof. - $. To complr• with all laws, ordinances, regulations, covenants, conditions and rcttrictions affeoting the premises, and not to suffer or permit any violation iheraof. ft. if ;`furtgagor tails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or assessment ur insurance pretnmm, or to keep the premises in ropair, or shaggll commit or permit waste, or if there be commenrc?d any action or pi-ucecding affecting the premises at its o i lion mate a csa d clai~ntl en. oincumbrance ~ tax t assessment or premlutn>. ur reorganization procecxlings, then Mortgagee, P Y Y with right of subrogation thereunder, may malts auoh repairs an take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action ur proceeding and retain counsel therein, and take such action therein ag Morigagee deems advisable, and for env of said purposes Mortgagee may advance such sums of money, incluciinq all costs, reasonable attorney's fecx and other items of expense as it dcems nac~sary. Aiartga~eo shall txt the sole ;udge of the legality, validity anti Priority of any such claim, lien, encumbrance, tax, assessment and premuun, and of lire arnnunt nece~sarv to bo paid in satis- faction thereof. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may result in any ariditiunal interest, costs, charges or expense otherwise. 10. Mortgagor will pay to liortgagee, immediately and without demand, all sums of money advanced by Jiartgagee pursuant to this nuxtgage, including all gusts, reasonable attorney's tees and other items of ezpensa, together with interact on each such advancement at the rata of ten per cent. (10`ib) per annum, and all such sums and interest ihereun shall be secured perch}-. 11. All sums of money soured hereby shall be payable without any relief whatever from any valuation or appraisenient lave. :2. It default be made in pa} mint ut any installment of principal 'u intermit of said note or anti- part thereof wl~c-, duo, or in Dayment, when due, of any other sum secured hereby. or in performance of any of hlortGa.gor s obligations, cov: rants or agreements hereunder, all of rho indebtednesr: secsrired hereby shall beourne and be immediately due and payable at the option of Jtartgagee, without notice or demand which are hereby expressly waived, in which event Mortgageo may avail itself of all rights and remedies, at law or in aquity, and this mortgage may be foreclosed with all rights and remeciles afforded by the laws of Florida and \Sortg€gor shall pay all costs, charges~nd expenses cheroot, including a reasonable attorney's foe. 13. If default )ie made in payment whon duo, of any indebtednes secured hereby, or in performance of any of ~Sortgagor's obligatiuav, covenants or agreements ~iFreunder: (s) biort{~agee is authorized at nny time, without notice, in its sole discre~i` n ro ec ttepr ecr~ervecthe seta rity~and to the premises or any part thereof, to perform any eats hiortgagea deems noc~uary P P collect and receive all forte, issuErl and profltg thereof, indu tnq these past due ea well as those accruing thereafter, and (b) Diurtgagce shall be entitled, as a matter of strict right and without re~ard to the value or occupai•: y of the security, to have a receiver appointed to enter upon and take possession of the premiaecs, ac> legt the rents and profits therefrom and apply rho same a5 the court may direct, such receiver to have all th8 rights and powers permitted under the laws of Florida. [n either such case I<{ortgagee or the reoeivyer may also take possession of, and for these purposesr use, any and all personal F n l~dingreceiver~s tetra Pcpunsel~fe~, coat and aKent a Doompengation)tancurred purstuan~t the powerst heretono contamodpshall be secured hereby. 'Mortgaaggee shat! (after payment of all costs and expenae~a incurred) apply such rents, rues and pro*ita reoeivoci by it on the indebtcvJness secured hereby in such order as hiortgageo dotennines. The right to enter and take possession of said property, to manage and operete tae same, and to collect the rants, tssuas and roftts thereof, whether by a receiver or otherwise. shall be cumulative to env other right or remedy hereunder or afforded by Paw, and may be ezerci~ed concurrently therewith or independontty thereof. itiiortgagee shall bo liable to aaoount only for auoh rents, issues and profits sotually received by 3ortgagee. - • , . 1 A_ ,,,.