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HomeMy WebLinkAbout2252 TOCETt1~R ~YITH sll ard dn`ular the tenemrnts, he~rJi~amrnu and d~UflfI1JR~'f! IAf~PUtllO lxlon~ine ur in rn~wiu the~runw appertaini~s and the rents,~ iuua and protit• thereo(, and alw all the e~tate, ti~ht. title, i~terat s~d all claim .~nd deuund whatsoeve~, as well in (aw a~ in equity, of ~he aid ~iortsa~ in and to the wme, includina but not limitnt to: (a) AU rents. pmtitt, revenun, toraltia, rigAq and benetits Jeri~•ed from (1) crops srown on said security and praluce ot the wil otAerwisc (2) oil. su or minera) Irases ot the preniises or any µxrt tAercof, now existinR o~ her,rinatt~~ made, and (J) alt othe~ rcnts, iuun ~nd pro(iq ot the premeses (rom time to time sccruina, w!?ethe~ unde~ k~ses or tenanciK now eaisting or hereafter c~eated; in each such case with the right in the 1ltortgaqee, but only at its option. to rerei~•e and receipt the~etor • and to apply the samc~,u it may elect to any indebtedneu securnl hercby, and the 1?lortgasee, at its optio~, may demand, sue for and reco~•~~ any such paymcnta, resen•ing to the \io~tgagor, howevcr, so bng as said 1liortgagor is not in dctault her~andet, thP right to recei~~e and retain such rcnts. iuues and pm(its. (b) All judgme~ts, awuds o( damaqa and settlements herea[te~ made u a result o( or in lieu ot any tating o[ the prcmisea or any part thereof under the power o( eminent domain, or tor any damaRe (whether caused by such taking or othcnvise) to the premisa or the impm~•emeats thereo~ or any part thereo[; such part ot any such judgment, aw~rd or uttlement, u the Mortgagee may elect to be applicd to the ind~btedness hereby secured and the balance thereof. if any, to bc reun•ed to the puty ar partia othcrwise entitl~d• thercto. TO HAVE A\'D TO HOLD the above granted and deuritxd premisa to the said I~fortgagec, its succeuon and assiens, fortt~er, and the said Mortgago~ does hereby tully warrant the tit~e to said land, and will de(rnd the s:?me aga~nst the lawful ~ ~ claims of all penons whomsoe~•er; provided always that i[ 111ortgagor shal! pay to I~lortgagee that certain promissory notc above d~scribed aad shall perform all other co~•enants and conditiona of said promissory note, and of any renewal, extension or modi- fication thereo[, and oI this mortgage, thcn this mortgaqe and the estate hercby created shall cease and be null and ~roid. i ? Mortgagor turther co~enants and agrees with 11~ortgagee as follows: 1. To pay all sums including interest secured herebp when due, as pro~•ided for in said promissory note and any renewal, extension or mod~(ecation thereof and in this moctgage, all such sunu ta be payable in lawful money oi the United States of America at Mortgagee s afor~said principal olfice, or at such other place as 1ltortgagce may designate in writing. 2. To pay wh~n due, and without requiring any notice (rom ~ior~gagee, all taxes, asscssmenb of any type or naturc and other chazga le~tied or assessed against the premises hereby encumbered or any interest o( ~lortgage therein. To immeciiately pay and discharge any claim, lien or ~ncumbrance against such premises which may be or become superior to this mortgage and to permit no de(ault or delinquency on any other lien, ~ncumbrance or cliarge against such prrmises. 3. If required by I~iortgagee, to also make mo~thly deposits with Mortgagee, in a non-intemt bearing account, together with and in addition to interat and, principal, of a sum equal to one-twelft6 of the yearly taxa and assessments which may be le~ied against the premises, and (it so requircd) one-twel[th of the ~early premiums (or insurance thereon. The amount of such taxa, auessmrntt and premiums, whrn untnawn, shall be estimatcd by lfortgagee. Such deposits shall be uxd by Mortgagee to pay such taxes, astessments and prcmiums when due. Any insu(ficiency of such account to pay such charges when due shail be paid by Mortgagor to 111ortgagee on demand. tf, by reason of any de(ault by I?~ortgagor under any provision o[ this mort- gage, Mortgagee derlares all sums secured h~rcby to be due and payable, Mortgagee may then apply any funds in said account against the rntire indebtedness secured hercby. 1'he rnforceability of the co~-enants relating to taza, assessmrnts and insurance premiums herein otherwise pro~•ided shall not be a(fected except in so far as thou obligations have been met by compliancc with this paragraph. Mortgagee may from time to time at iu option wai~•e, ar.d a(ter any such waiver reinstate, any or all provuions hereoi requiring such deposits, by notice to 1liortgagor in writing. ~Yhile any such waiver is in effect Mortgagor shall pa~ ta.~es. assessments and insurance premiums as herein elsewhere pro~~ided. 4. To pa7 all taxd, stamp tan or ather charge which may be ssxssed~upon this mortgase, or aaid rwte, or indebtedness serured herebg, without regard to any law, Federal or State, heretoforc or hereafter enacted, imposing paymrnt of all or any part thereof upon Aiorigagce. 1n event of enactment of any law imposing payment o( all or any portion oi any such taxa upon Mortgagee, or the rendering by any court of last resort of a decision that the undertaking by 1lfortgagor, as herein pro~~ded, to pay such tax or taxes is l~gally inoperati~~e, thtn, unless 1lfortgagor neverthdess pays such taxes, all suma herrby securcd. without anq deduction, shall at the option of Mortgagee become immediately due and payaWe, notwithstanding anything contained herein or any law heretofore or her~after enacted. I 5. To keep the premises insured against loss or dama¢e by fi~e, windstorm or extended coverage and such other hazards as may be rcquired by ~fortgagee, in form and amounts satisfactory to, and in insurance companies approved by Mortgagee, and with i acceptable mort4agee lou payable clauses attached_ Such po3icia, together with such abstracts and other title evidence as may , be required by ]liortgage~, shall be delivered to and held by Mortgagee without liability. Upon forqciosure of this mortgage or ~ other acquisition of the premises or any part thereol by Mongagee, said poticies, abstracts and title e~ndence shall become the € absolute proprrty o( I?tortgagee. f 6. To ~nt obtain the written consent o[ Mortgagee, such consent to be granted or withheld at the wle discrction of such ~ I~iortgagee, before (a) removing or demolishing any building now or hrreafter erected on the premisa, (b) altering the arrango- Q ment, desiqn or structural character thercof, (c) making any repain which inwlve the removal of structural patb or the exposure of the interior of such building to the elements, or (d) except for domatic purpoxs, cutting or removing or permitting S~ ~ the cutting and r~mo~•al o[ any trres or timbet on the prcmises. ~ 7. T•~ r~aintain premisa in good condition and repair, including but not limited to the making oE such repain as Mongagee , may from time to time det~rmine to be necasary for the preservateon o[ the premises and to not commit nor permit any waste thereoi. 8. To comply with all laws, ordinancu, regulations, covenants,• conditions and rstrictions affecting the premisa, and not to suffer or prrmit any ~7olation thereof. 9. If Mortgagor faib to pay any claim, lien or encumbrance whicb is tnperior to this mortgage, or, whm due, an~ taz or ~ assessment or insurance premium, or to keep the premises in repair, or shal) commit or permit waste, or if there be commenced any action or pr«eedin6 affeceing the pcemises or the tide ehneto, then Mortgagee, at its option, may pay said claim, lien, encum- ~ brance, tax, assessment or premium, with right of :ubeogation thercunde~, may make such repairs and take such steps as it deems ad~•isabk to prevent or cure such waste, and mar appear in any such action or proceeding and retain counsel therein, and take SUfFI action therein as Mongagee deems advisablt, and for any of said purposea Mortgagee may advance such sums of moner, ~ including all cosu, f~es and other item~ of expense as it deems necessarp. Mortsagee shall be the wle judge of the kgality. ~ ~•alidity and priority of any such daim, lem, encumbnexe, tax, assessmrnt and prcmium, and o[ the amount necssary to be paid ~ in satisfaction thereof. Mortgagee thall not be hdd accountable for any delay in making any :uch paymmt, which delay may result in any additional interat, cost, charga or tupense othenvise. ~ 10. I?'Iortga¢or witl pay to I?fortgagce, immediately and without demand, all suw of money advanced br Mortgagee punu- ~ ant to this mortgage, together with interat on each such advancement at the r~te of ten per cent. (109(c ) per annum, and alI such sums and interest th~reon shail be secured he~eby. ~ I 1. All sums of money ucured hereby shal) be payablt without any relid w6atever [rom anr valeution or appraisement lawa. l2. I! d~fault be made in payment ot anr instalment of principal or interest of uid note or any put thertof whrn due. or in payment, when due o( anr other sum secured hereby, or in perfornunce oI anr of Mortgagor'~ obligation~, covenants or agreements hereunder, all ot the indebtednas tecured herebp shaU become u~d be immediatdy due and payable at the option oI ~ Mortgagee, without notice or demand which are 6etebr rsprestlr waived, in which evrnt Mortsasee mar avail itselt of all righb and remedies, at l~w or in equitr, and this mortgage mar be (orecloxd witb a11 rishb and remedia aflorded br the lavrs of florida and Mortgasor sAall pay all costs, chuges and e:pen~a thereof, includins a rrawnabk attornep's lee. ~ i~ ~ '5~ _ , ~ . 3 ' t . ~ ~ ~ ~„~G~~~.=:X . o'""_., K, '~"_k'~..~.'v~. ~ ~-.s~'x'. w,'S . ~ _ .