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HomeMy WebLinkAbout0794 TOGSTHER WITH all aad ai~aular the teneme~ts, henditamenta and eppurtene?nces thereunto belon~ing or in sny wi9e thereunto appertaining and the renta. iaeuea and profits thereof~ and also ~il the eatate~ right, iitle intereat and all claim und demand whatsoever. ae well in lew Rs In equity. of the aaid Mort~agor in and to the aam0. ~noludln~ but not limited to: All rents~ profits. revenuea, royalti~s. rt~hta and benefIls desived from (1) ctops Qrown on ssid security and prod- uce oi the soil otherwiae (2) oil~ g~u or miaerRlleases oi the premisea or ~ny part thereol~ now esiatin~ or hereinafter made. and (3) sll other renta, isaues ~nd profits oi the premisea imm time to time accrning. whether undar le~ses or tenancit~ raw e~cistin~ or hereafter created; in each auch case with tl~e riQht in the Mortga~ee~ but only et its option. to receivs and receipt therefor and to ~pply the same as it may elect to any indebtedneas aecured hereby, and the Mortgagee at ita option. may dem~nd~ sue for and recover any such payments~ reserviag to the MortgaQor~ however. eo long as eedc~ Mortg~gor is not in default Lareunder, t~a right to receive •~d retain auch rents~ iesues and profits. ~ (D) All ~udgmenN~ ~~vards of ddms~es and aettlem~nts. hereatter made u a reault oi or in lieu oi any t~1dnQ oi the ; pnmisos or an part thenoi under the power oi emin~nt domain, or for any dsmage (whether caased by auc6 taki or y a otherwiss) to tdepre mises or the imprnvementa tbereon or any part thereof; auch pert of any snch ~udgmont, a os settlement~ as the Mortgageo may elact to bs applied to the indebtedneas hereby aecnred and the bsluice tLereoi~ ii any, to ' be reaerved to the party or parties olherwise entitled thateto. TO HAVB AND TO HOLD the ~bove gnnted and described premisea to the aaid Mortg ee, ite succeaaors and ~s- , signs, forever~ and the sald Mortgagor doea hereby fully v?srnnt the title to s~id Lnd~ and wi~ defend the same againat the lawiul claima oi all rsons whomsoeves; provided ~?twsya that if Mortgagor ahall pa to Ddortga~es that certain prom• ae issory note above descri end ahall perforai all other covenants and conditions of sai promissory note, and oi sny ze- newal. extension or moditication thereof. wnd oi this mortgage. then tt?is mortgage and the eatste hereby created ahall ceaae and be null and void. ~ Mortgagor inrther covenanta and agreea with l~ortgagee sa lollowa: ~ 1. To pal all suma including interest aecured hereby when due, aa provided for in aaid pmmissory note and any re- newal~ e:tens~on or modification thereoi and in thia mortgage, ali anch aume to be pay_~?ble in lawlul monoy o! tha United : 3tatea of America at Ddortg~x~ee'a aforeaaid principsl oitice, or at anch other place as Mortgagee may deaignate itt wrfNna. ~ 2. To pay when due, and ~vithoutreqniring any notice irom Bdortgagee. a~ll t~sucea, asaeaaments oi at?y type or nature i •nd other charges levied or asaesaed againat the premises hereby encumbered or any intereat of Mortgagee therein. To F immediatelq pay sad discharge sny claim~ Uen or encnmbraace ~gainat such premiaea which may be or become snperior to this raortgage and to permit no default or delinquency on sny other lien, encumbranco or charge against auch premises. 3. If required bq Mortgsgee, to also make monthly depoaita with Mortgagee~ in a non-intereat bearing acconnt, to- gether with and in addition to interest and pdncipa1. oi a sum equal to one-twelfth of the yearly taxea and saseasmenta which m~y be levied againat the premisea, and (ii ao rec~uired) one-twelfth of tha yeariy premiuma for inanrance thereon. The amount of auch taxea. aaseaamenta and premiums. when unknown~ ahall ba eatim~ted by Mortgagee. Such depoaita 1 shall be used by Mortgagee tops y auch taxea, ssseaaments snd premiums when dne. Any inaufikiency of snch account to pay such chargea when dne ahall be paid by Mortgag+or to Mortgagee on demand. If~ by reaaon o! sny default by Mortgagor under any-prnviaion of this mortgage. Mortgagee declatea all suma sec~hereby to be due and psyable, Mortgsgee may then apply enq funda in seid account against the entire indebtedness secured bereby. The enforceability of the covenante relating to taze_y assessmenta and insurance premiums herein otherwise p:rovided shall not be affected e~ccept in so far sa those obligations have been met by compliance with this paragraph. Mortgagee may fmm time to time at its option waive. ~ and after any such waiver teinatate, any or all pmvisiona hemof requiring such deposita. by notice to Mortgagor in writ- ing. While any such wAiver ia in effect 1Hortgagor shall pay taxes, assessmenta and inaurance premiuma s~ herein elae- where pmvided. ~ 4. To pay all tazes, stamp ta: or other chatge which may be assessed upon this mortgage, or said note. or indebted- ` ness secured hereby. without regard to any law~ Federal or State, heretofore or hereafter enacted. imposing psyment oi all or anq part thereof upon Mortgagee. In epent of enactment of sny law imposing payment of all or any portion of any snch tazes npon Mortgagee, or the rendering by any court of last resort of a decision that the undertaking by Mortgagor, , as herein provided. to pay such tax or tszes ia legally inoperative. then, unless Mortgagor ne~ ertheless pays auch taxes, all sums hereby s~ecured, without any deducfion, shall at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein or any law heretofore or hereafter enacted. 5. To keep the premises insared against loss or damage by fire, windstorm or eztended coverage and such other hazards ss may be required by Mortgagee~ in form and amounts satisfactory to, and in insurance companies approved by Mortgagee, and with acceptable mortgagee loss payable clsnses attached. Such policies, together with such abstracts and other tiUe e~ idence as may be required by Mortgagee. shall be delivered to and held by Mortgagee without liability. Upon foreclosure of this mortgage or other acquisition of the prem ises or any part thereot by ~dortgagee, said policies, abstracts and title evidence shall become the absolute prnperty of Mortgagee. 6. To tirst obtain the wiitten consent of Mortgagee, anch consent to be grsnted or withheld at the sole discretion of ' such Diortgagee, before (a) removing or demoliahing any bnilding now or hereafter erected on the premises. (6) altering the arrangement, design~ or structural character thereof, (e) making any repairs which involve the removal of stsnctunl I parts or the e:posure of the interior of such bnilding to the elements, or (d) ezcept for domestie pnrposes, cutting or re- > j moving or permitting the cutting and remoral of any treea or timber on the premises. To maintain premises in good condition an drepair, including but not limited to the making oi such repairs aa Mort- gage~ may from time to time determine to be necessary ior the preservation of the premises and to not commit nor per- mit any waste thereof. ~ 8. To comply v~ith all lavrs, ordinances, regulations, covenants, conditions and restrictions affectittg the premisea~ and ' not to suffer or permit any violation thereof. ' 9. If ~iortgagor fails to pay any claim. lien or encumbrance wAich is superior to thia mortgage. or, when due, sny I tax or assessment or insurance premium or to keep the ~remises in repair, or shsll commit or permit waste, or ii thene be : commenced any action or proceeding af~ecting the premisea or the title thereto, then 1liortgagee, at ita option, may paq said claim, lien, encumbrance~ ta:, assessment or premium~ w:th right of aubrogation therennder~ may make snch repsira and take auch steps as it deems advisable to prevent or cure such waste, and may appear in any such action or proceeding - and retain counsel therein~ and take auch sction therein as 1liortgagee deema advisable, and for any of said pnrposes 3tortgagee may advance such suma of money. inclnding all costs, fees and other itema of ezpense as it deema necesaary. Mortgagee shall be the sole 'udge of the legality~ validity and priority of any such claim, lien, encumbrance~ ta~c, aasess- ~ ment and premiom. and of ~e amount necessary to be paid in satisfaction thereof. Mortgagee ahall not be held ucount- able for any delsy in making any such papment, which delaq may resnlt in any additional interest, costs, chatges or ez- pense otherwise. I 10. Mortqagor v~ill pay to Mortgagee, immedistely and xithout demand, all sums of money sdvanced by Mortgagee p~rsnant to thi~ mortgage, together with interest on each such advancement at the rate of ten per cenk (10~6) per an- num, and all anch sums and interest thereon ehall be secured hereby. 11. All auma of moneq secured hereby ahall be payable without any relief whatever fmm any valuation or appraiae- ment laws. 12. If default be made in payment of any inatallment of principal or intereat of said note or any part thereoi wh~ due, or in payment, when due, of any other aum eecured hereby. or in pertormance of anq of Mortg agor'a obligationu. } coti•enanta or agreementa hereunJer, all of tbe indebtedness secured hereby ahall become and be immediately due e~nd pay- ~ able at the option of J~fortqsgee, without notice or demand which are hereby expreaaly waived~ in which event 'Jdortgsgee ~ may avail itaelf of all righta and remedies, at law or in equity, and thia mortgag~e may be foreclosed with all ri hts ~nd remedies afforded by the lawe of Florids and Ddortgagror shall pay all coste~ charges and e:penaea thereof~ inc~udinQ ~ ~ reaaonable sttorneq'e fee. • l3. If default be made in payment~ when due, of anq indebtedneaa secured herebp. or in petformance of any of Mort- gagor'a obli~ations~ covenanta or agreementa hereunder: Pt~'th~r, (a) ~iortgagee ia suthorized at any time, withont~no ce, n~ts sole diacretion !o enter upon and take poaseasion ot the premises or aay part thereof, to perform any acta Mortgagee deema necessarq or proper to conaerve the eeeaslEy ~ and to collect and receive ell renta, iasuea and profita thereof, including those past due aa well as those aceraing there• after, and ~ (bj Dlartgagce ahall be entitled, as a matter of strict right and without regard to the value or occnpency oi tha securitq, to have s~ rererver appointed to enter upon ~nd take possession oi the premiaes, coileci the renb ~nd proflb therefrum and apply the same aa the court may direct, auch receiver to have all ihe righta and powets permitted onder t~ lawa ot Florids. j 6 ~K ~ ~ 1 _ • ~ . 4 .:.;:a-:~''-~'. "ja:..G: r . = :s;::- ~