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HomeMy WebLinkAbout0013 . . ; f TO(:ETi{ER N tTll all a~K1 si~~gula~ ~he trncmcnts, hen~fita~nents and appurtenanca th~n•unto Ixlonsing or io .~nywise thern~nto appertainins and the renu, issues and pro(its thereot. and alao all the estate, right, title. interdt and all claim and den?and whatwever, as well io law u in equity. o( the said 1?to~t~agor in and to the tame. includi~a but not Gmitc~! ~o: (a) All ~enta, profits. re~~enues, royaltia, rights and benefits derived trom (1) crops arown on wid secu~ity and proctuce ~ of thc wil otherwise (2) oil, gas or mi~eral leases of the premises ot aoy }?art the~eo(. now exis~in~ or hereina(tec ~nacle, and (3) all other reats, iuua and pro(its of the prrmises irom titne to time accruins, wAether unJer leaxs or tenancies now existina o~ he~eafter created; in each such case with the right in thc I?iortgagee. but only at its option, to ~ecci~•e and ~ercip! ehcre(or and to apply the same as it may elect to any indebtcdneu securnl hereby, and the I1~ortgagee, at its aption, may demand, sue tor and reco~•er any such pa~Tr?c~~s, rrsen•ing to the Mortgagor, however, so long as said I~tortgagor is not in d~fault h4rcunder. thc nght to receive ancl retain such rents, iuues and protits. (b) All judqments, awards of dainages and sct~lem~nts her~a(ter made as a result o( or in licu ot any takinR of the prrmiscs or any pan the~eot under the power o( eminent domain, or tor any dan~age (wheth~r cauaed by such taking or othrrwisc) to the prcmiscs or the impro~•ements thereon or any part thereo(; such part o( any such jud~nent, award or set~lement, as thc Iltortg~gee msy elect to be applied to the indebtedness hereby secured and the balance thereo(, it any, to be r~urved to the puty or partia otherwise entidrel ~hercto. 7'O HAVE AND Tn HO1.D the above granted and desrribed premises to the said Mortgagce, its successors and assi¢ns, (ore~•cr, and the said I?to~tgagor does hereby fully warrant the title to said land, and will de(~nd ~he s~mr aqainst the lawful rlaima of all persons whomsoeve~; prw~idcd always that i( Mortgaqor shall pay to Mortqagee that certain pro~niswry note abov~ ~ describrcl and shall pertorm al) other co~•enants and conditions ot said pro~nissory note, and of any rcnewal, ezt~nsion or modi- ~ fication th~reof, and ot this mortgage, thrn this mortgaqe and thc estate h~reby creatcd shall cease and be null and void. ~ ! Mortgagor (urther covenants and agrees with Mortgagee as [ollows: ' ~ 1. To pay all sums i~cludinq interest securcd hereby when due, as pro~idecl (or i~ said promiswry note and any renewal, ; ' ~xtension or modi(ication thereof and in this mortgage, all such sums to be payable in lawiul monev o~ the Uoited States of ; America at Xlortgagec•'s afor~saiJ principal otfice, or at such other place as Mortgagee may daigoate in writing.._ 2. To pay when due, and without requiri~g any notice (rom 111ortgagee, all taxes, assess~n~nts of any type or ~aturc and other charges ln•ic~l or auessecl against the premises he~~by encumbered or any interest o( Atortgage therein. To immediatcly µ+y and dischar¢e any efaim, li~n or rncumbrance a~ainst such premis~s which may be or become superior to this mortgage and ~o permit no de(ault or delinqu~ncy on any other lien, ~ncumbrsnce or charge aqainst such premises. . S. I[ rcquiraf by 11lortga¢er, to also ~nak~ monthly deposits with Mortgaqee, in a non-i~te~at beariqg account, toRether with and in addition to interest and principal, of a sum cqual to one-twelfth o( the yearly taxa and assessments which may bc le~icd against the prcmises, and (i[ so required) on~-twelfth of th~ yearly premiums for insurance thereon. The amount of such ta~es. us~ssm~nts and prcmiams, wh~n unknown, shall be ~stimatccl by \tortgagee. Such deposita shall be used by Mortgagee to pay such ta~c~s, asscssments and pr~miums wheo due. Any insuf(iciency of such account to pay such charges when due sh:?11 be paiJ by Aiortc~Bor to ~iortgagce'o5i d~mand. If, by rcason of any dctault by 1liortgaqor under any provision of this mort- Qag~, 11~ortgagee circlares all sums secured hereby to be due and payable, MortRagee may then apply a~y (unds in said account against the entirc ind~btecln~ss secured hereby. 1'he enfo~crability of the co~•en~nts relating to ca~ces, assessmrnts and insurance prcmiums h~rein othen.ise pro~•ided shal! not be at(ectcd eacept in so far as those obligations ha~e been met by compliance with this paraqraph. 1lfort~aqM may from time to time at its option wai~•~, and after any such waiver rcinstate, any or all pro~•uions hereof requiring surh d~posits, by notice to tliortgaqor in writing. VYhile any such waiver is in effect Mortgagor shall pay tazei, ass~ssm~nts and insurancr prcmiums as hereen elsewhen pro~•ided. 4. To pay all taxes, stamp tax or other charge which may be ass~ssed upon this.mortgage, or said note, or indebtednrss secured hereby, w~ithout re¢ard to any law, Federal or State, heretofore or herea(ter enacted, imposing payment ot all or any part th~rcof upon ~tort¢agee. In event of enactment of any law imposing payment ot aq or any portion o( any such ta~ca upon I?iortgagce, or the r~ndering by any court ot last mort of a decision that thr undertaking by I?iortgagor, as herein pro~~ided, to ! pay such tax or taxes is leqaUy inoperati~~e, then, unless Mortgagor nevertheless pays such taxes, all sums hercby securcd, without ~ any deduction, shaU at the option of 1liortga~e become immediately due and payable, notwithstanding anything cootained herein ~ or any law hcreto[or~ or hereaft~r enacted. ? E 5. To kecp the pr~mises insured against loss or damage by fire, windstorm or extended cmerage and such other.hazards as ~ may be required by \tort,qag~e, in form and amounts satisfactory to, and in insurance companies approved by 11Sortgagee, and with ~ acc~ptable mortgae~e loss payable clauses attached. Such policies, together with such abstracu and other tide evidence as may ~ be required by Iliortgag~e, shall b~ delivercd to and hdd by Mortgagee without liability. Upon foreclosure of this mortgage or ~ other acquisition of the pr~mixs or any part thereof by Mortgagee, said policis, abatracts and title e~~dence shall become the absolute property of I?iortgager. ~ 6. To Cnc obtain th~ written consent of I~iortQagee, such consent to be granted or withheld at the sole discretion o( such ~ 11io~tgac~c, before (al r~moving or demolishing any building now or hercatter erected on the prcmises, {b) altering the arrange- ` ment, desicn or structural character thereof, (e) making any rcpain which im~ol~e the removal oi structural parts or the ~Y ' eaposure of th~ interior of such building to the elements, or (d) exc t(or domestic purposes, cutting or removing or permittinq ; th~ cuttinQ and rrmoi~al o( any trces or timber on the prcmises. ~ ~ ~ , 7. To m~intain premises in gooci condition and repair, including but not limited to the mating of such repairs as Mortgage~e may from time to time det~rmine to be necessary• tor the preservation of the premises and to not commit nor pertnit any waste thereof. ? 8. To comply with all laws, ordinanccs, rcgulations, ro~•enants, conditiona and restrictions affecting the premises, and not to su[fer or pcrmit any aiolation thereoL ? 9. If Mortgagor (ails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or ~ asussment or insurance prcmium, or to keep the premises in repair, or shal! commit or permit waste, er if there be commenced any action or pruceeding affecting the premises or the title thereto, then Mortgagee, at its option, may pay said claim, lien, encum- brance, tax, assessment or premium, with right of subrogation thereunder, may mate such repain and take such steps as it deems ad~•isable to pre~•rnt or curc such wastq and may appear in any such acdon or proceeding and rctain counsel therein, and take ~ such action therein as :?iortgagee deems advisable, and for any of said purposes Mortgagee may ad~~ance such sums of money, ~ including all costs. fees and other items of expenx as it deems necessary. Mortgagee shall be the sole judgt of the legality, ~•alidity and priority of any such claim, lien, encu~nbrance, tax, aueument and premium, and of the amount necessary to be paid ~ in~ satisfaction thereo(. Mortgagee shall not be heM accountable tor y delay in making any such payment, which delay may ~ result in any additional interat, cost, charges or eapense otherwise. ~ , 10_ ~iortgagor will pay to Aiortgagee, immediately and without demand, all sums o[ money advanced by Aiortgagce pursu- an: to this mortgaqe, together with interat on each such advancement at the rate of ten per cent. ( lOr/e ) per annum, and all such sums and interest thereon shall be secured hercby_ ~ ~ 1 L All sums of money secured hereby shall be payable without any relief whatever from any valuation or appraisement laws." ~ 12. If de(ault be made in payment of any instalment of princ:pal or interest of said note or any pan thereof when due, or ~ in pa}Tner.t, when due of any other sum secured hereby or in performance of any of Mortgagor s obligations, covenants or ~ agreements hereunder, a11 ot the indebtednas secured hereby shail become and be immediately due and payable at the option of ~ Mortgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avai! iuelf o( all rights ~ and remcdies, at law or in equity. and this mortgage may be foreclosed with all righu and remedia afforded by the laws of Florida and Mortgagor sha11 pay all costs, charga and tapensa thereof, including a rcasonable attorney's fee_ ~ OR ~ ~89 ~ i3 ~ . _ ~ ~ _ : _ ,~~_.4:.~ v_~,~~ ~ ~ - ~ ~~~i~~ Ts