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HomeMy WebLinkAbout0665TO6BTH>ti WITH aU sad singular the teaemeats, herodiLameata and appustenaaos thereuab belonging or is ar4y wise thereunto appertaining sad the rents, lane and proSts thered. and ahio all the estate, rich pile. interest and all claim sad demand whatsoever, as wep is bw as in equity, d Mortgagor is and b the same inoluding~uL not limited b: (a) All rents, proAts! revenues, royalties. rights sad beae~Qta derived from (1) crops grows on acid asourii<y and produce - d the soil otherwise () oil. ggaass or~ mineral leases d the premises or saypart thereof sow e><isttng oar heteattee made. with We right b receive and receipt there[or sad app~Y the lama to-the indebtedness ssarei~ hereby either before oe after aqy default hereunder. and Mor mp deaisnd, sue er and teoover aqy snoh peymeata but shall not be required a b do. and 43) all other tents. !sans and proQts d the prsgaises from time b time a~oonung; whether Hader leases oe tewnoies taw eiuatu~ or hereafter oreatedt resewmg b Mortgagor, howevee, ao bag ss Mortgagor ys sot is default hereunder, the right b receive and retata tlis Teats, trines wd profits in- clauses (1~ t-nd (3) herein. (b) All judgments, awards d damages an settlements hereafter made r~ewltiny from condemnation pni~eed ngsi oe. the taking et the premiss ar aq~ part thered under the power d emiaenL domain. or ccor any damage (whether mowed b snoh ' or otherwise) b the premises or the improvements thereon or any part thee+ed. or b any rights appnttenant t~b. ind~n i'ng atV award for ~ of grade d streets. Mor u hereby authonssd. on behaU and w the name d Mortgagor b eieonte sad deliver w~lid ~egnittanes tor, and b ap>rom ayy aueh judgtnenes or awards. Mortgagee mss apply sash sums or any part theteot so received. after thep~yment d a310[ its including costs and attorneys' fes, on tbs indebtednes secured hereby in snoh manner as it elects, or. at its option~tirs amount or at~y pact thered so relived tap bs released. ~. TO HAY>s AND TO HOLD the above granted and described premises b Mortgagee. its suooeson sad aaagns~ totever, and Mortgagor tics! hereby tnl4r warrant the titM b said !~ and will defend the same against the lawful oWms d W pssons whomsoever; pprroovided slwsys that if Mortgagor shall pay b ortgsgee that certain promissory note above described and shall perform all other covenants and eoaditions d said promissory note, and d aqy remwal, eocteosion or modiScation thereof. and d this mortgage. then this mortgage and the estate hereby eret-ted shall cease and bs nail and void. Mortgagor tnrtheir eovenaata sad agree with Mortgagee as follows: 1. Tn pay all saws inohidiiig interest scoured hereby when tine. ss provided for in saidwtpWromiasory note and reaewai, Amerio~ at Mortgages ~ doeeee~eeoo[[d~pn'nmeipa~l o~eet sash other place as M~abtga~gee~may designaty~e idn wnting.~8tatee oo[[ ~~ 2. To pay whoa due. and without uiriag any Holies from Mortgage, all taxes, assessments d say type or nature and ~~ other o levied or asseeeed against t e premises hereby encumbered and produce receipts therefor upon demand. To immeda#hte pay Iwd dieebarge any claim. lien or enoambranoe agaiwt such premises which maV be or become superior b .~ this mortgage and b permit ao dehult or delinquency on say other lien. enoumbranoe or ohartre against snoh ptemisee. 3. U required by Mortgagee. b also make monthly deposits with Mortgagee, sin anon-interest bearing soeouat. together with and in addition b interest and ~neipal, d a sum eQua1 to oae•tweKth d th year>,y. lases sad assessments which mavy be levied against the premises, and (ii so required) one-twel[th d the yearly ppr~eemmiums for insurance Lhereoa. The amount d such taxes, aaseseatents and premiums. when unknowi;. slta{l b~ estimated by M finch deposits shall be need by Mor>r gages b such fuss, asssments and pr~iutus,whin d i Any itntnHeienep-of such aoooant b pay sash eharge~ when due shag be paid by M sago to Mortgagee on demand. 11, by mason d aqy default by Mortgagor ender aqy pmvtsi~ d this mortgage. MortgageeoM declares sIl soma scoured hereby b be due and ppaa,y~able. Mortgagee ayy then apply aqy- fitnda in said aooonnt against We ga~ire indebtedness scoured hereby. The cnforoeability of tbs covenants relating b taxes. aseestnenta sad inauranoe prem~uma herein otherwise provided shall not be s0eoted e:eept is so far as those obligapons have bees met by coin Wiaoe with this h. M may from time b time a! its option wave, and titer aqy such waiver reinstate. P paragrap any or all provisions her+eot requiring his deposits, by notice b Mortgagor in writing. ' W1We say sash waiver is in easel Mortgagor shall pay taxes, assessments and insuraaoe premiums as herein elsewhere provided. 4. To pprroomptly ppaayy all taxes and aaseasmeats aeBSSed or levied Hader and by virtue d any state. federal, or mnnioipal law or regu4tion he~resfter passed, against Mortgagee upon this mortgage or the debt hereby secsured. or upon its interest under this mortgage, provided however, that the bW amount so paid for say snoh taxes pursuant b this paragraph together with the interest payable on said indebtedness shall not exceed the b' hest lawful rate d interest in Florida and provided farther that in the event d the passage of say snoh law or regulation, the entire indebtedness scoured by this mortgage shall thereupon become immediately due end payable at the option of Mortgagee. b. To ]seep the premises insured against loss or damage by Sre. the perils against which inauranoe is afforded by the $stended Coverage Etidorsemeat, and such other risks and perils as Mortgagee in its discretion may require. The policy or policies d snoh insursnoe shall be in the form in general use from time to time to the locality in wluoh the premises are situsf~ed. shall be in snoh amount as Mortgagee may reasonably require, shall be issued by a company or companies approved by Mort- gagee4 and shall contain the 8tsndard Mortgagee Clause with loss payable. b Mortgagee. Whepever required by Mo , snoh polioiea,.and abstraata and other tiNe evidence, shall be delivered immediately b and held by Mortgagee. My sn all amounts reoetved by~Mortgagee under any of such policies may be applied by Mor~agee oa the indebtedness scoured hereby in such manner as Mortgagee may, in its sole dtsoretion, elect or, at the option of Mortgagee, the entire amount so received or an part thweof. ntay be reieaeed. Neither the application nor the release of any sash amoants shall aura or waive aqv default. Upon ezerctse d the power of sale g-van in this mortgage or other aognisitiont of the premiss or any part thereof by Mortgagee, such poliaies,,sbatrswts and title evidence shall 6eoome the absolute property o[ Mortgagee. 6. To Stet obtain the written consent d Mortgagee, sash consent b be granted or withheld at the Bole discretion d sash Mortgagee, before (a) removing or demob building now ar hereafter erected on the premiss, (b altering the arrange- ment, design ar etrnatural eharaater thered, (e say repairs which involve the removal d struot~ parts or the exposure d the interior d such bnildiitg b the elemeata. or () etxept for domestic purposes, Dotting or removing or permitting the sitting and removal d any Lt~ees or timber oa the premises. 7. To maintain premises in good eonditioa sad repair. inelading bat not limited b the malring d.saeh repairs as Mortgagee may from time b Lime determine b be aeeeseary for the preservation d the premises sad b not commit nor permit any waste thereof. 8. To oomplj- with all laws. ordinances, reguLtiaas, eovenaats, conditions and restrictions a8'eotiiig the premises. and not b suffer or permit any violation thered. 9. Yf Mortgagor fails b pay any claim, lien or eneambranoe which is superior b this mortgage, or, when due, any to or assessment or insnraiice premium, or b keep the premises in repair, or shall commit or permit waste, or tf there be oommenoed any cation or proceeding afieetirig the premises or the title thereto. or the interest of Mortgagee therein, inolnding, but not Wetted `to, eminent domain and banloniptsy or reorganisation pproceedings, then Mortgagee, at its option, may pay said claim, lien, eneumbranoe, tau, assessment or premium, with right of subrogation rhseunder, may make snoh repairs and take such steps ae it deems advisable b prevent or care such waste. and triso appear in any snoh notion or proceeding and retain counsel therein, and take such notion therein as Mortgagee deems advisable sad for any d said purposes Mortgagee may advance such sums of money. ineluduig all costs. reasonable atbrrte)-'s tees sac{ other items d ezpetiae as it deems neoea- sa9. Mortgagee shall be the sole judge d the legality, vslidi~y and prionty of any such claim, lien, enoumbrsnoe, taz, assess- ment and premium, and d the amount necessary b be paid in satistaotwa thereof. Mortgagee shall not be held aoeounL- sble for any delay is making any such pwyment, which delay may result in any additional interest, costa, ohatges or ezpenae otherwise: 10. Mortgagor will pay b Mortgagee. imnnediatel3r sad without demand. all sums d money advanced by Mortgagee pursuant b this mortgage, iaclu id rag all costa, reasonable attorney's tea end other items d e:pease. together with interest on each snoh advancement st the rate d ten per Dent. (10°Jo) per annum, and aII sash sums sad interest thereon shall be scoured hereby. 11. All lams d money assured hereby shall be payable without any relief whatever from any valuation or appraisement laws. IZ. It default bs made is payment d any installment d principal or interest d said note or anyy part theied when due, or is payment, when tine, d other sum seoared hereby, or in orinauee d sty d M is obbgationa, covenants or meats heteitnder, all d~ indebtedness aeonred hereby aha71 become and be tmmedia~ne and payable st the option d Mortgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee mq avail iteeN d all rights sad remedies, st law or in equity. and this mortgage miRy be for+eoiosed with all rights and remedies a[orded by the lava d Florida sad Mortgagor shall paq- all costs, charges end expenses thereof, inclading a reasonable attorney's res. 13. If ddanlt be made in payment, when dnq d any indebtedness seemed hereby. ~ in performance d say d Mortgagor's obligations, ooveoaate or agreements hereunder: (sa Mortgagee is authorised at say time, without notice, in its sole discretion b eater aeon and Woe possession d the premises or buy thered, b perform any.. eats M deems necessary or groper b conserve the security sad to oollst and reoetve all rents. issues and proSts thered, inolu id ag~those last due as well as those aaoruing thereafter, and (b) Mortgagee shall be entitled, as a mailer d shat right and without reprd to the value or ooaapaacy d the security, b have a receiver appointed tp enter upon and Wee d the premiss, collect the rents sad proSts therefrom sad apply the seas as the court may direct„ snoh r~eeei-er b ve all the rights and powers permuted under the laws d Florida. Ia eitlmr such ease Mortgagee or the receiver may also take possession d, sad tar these pnrpoaes use. say and all personal pmp~ty eoatained in the premises and used ~r M is the rectal or leaaitig thered or any part thereat. The e:pen~e (wdn "ding noeiver's tees, counsel fees. costs sad agents! s~mpeasstion) inearred pnrsnant b Xhe powe~ns herein contained shall be seemed hereby. Mortfgga~geess shall (after pe~yment d all costs sad -ezpeoses inanrred) apply snoh rents, !sues and pmSts teoeived by tt on t'•e indebtednes seeur+ed hereby in snoh order a. Mortgagee determine. The right b eater and take ponession d said property W manage and operate the same, sad b collect the rents, lame and pe+oSts thereof whetl-ee by a r+eoetver or otherwise, shall be aimnlattve to other right or remedy hereunder or afforded by bw, and may ~e exer+oised eonourreat~ Werewith or independently thered~ortgagee shall be lisbls b aoooant only for woh r+enta. !erne sad pto8ts aetnal~y received by ]lortgages. go~K1`T9 ~E 664