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HomeMy WebLinkAbout2574 ~ TOGETHER \~'ITH all an~ singular the ten~mrnts, hrrcditamrnts and appurtenances thercunto Lxlo~ginS or in anywis~ thereunto appertaining and th~ ~rnis, iuues ancl pro[its thcrcof, and also :iU the estate, ~ighe, tide, interat and all claim and d~n~and whatsocver, as well in Izw as irt equity, of th~ said \tortg.~go~ in and to the samc, including but not Gmital to: (a) AU rents, profits, re~•enues, royalti~s, rights and bcn~(its dcrived (ram (1) crops grown on said security ancl produce o( th~ wil otherwist (2) oil, gas or miner~l leas~s of the prcmises o~ any part thereof, ~ow ~xisting or he~einaft~r macle, and (3) all othcr rents, issues and pro(its of the premisrs irom tinu to tim~ accruing, whether under l~ases or tc~~nci~s rtow existing or herea(tcr created; in ~ach such case with th~ riQht in thc ~tortcagee, but only at its option, to recci~•c and recript thcrrfor and to apply the same as it may ~lect to any indebtedneu srcured hereby, ~nd the Aiortgag~e, at its option, may dem:~nd, su~ (or and recu~er any such pa~•rnents, res~n•inq to the ~tortqagor, howe~~er, so long as s:+id I~fortgaqor is not in deflult hereu~de~, the right to receive and retain such rents, issu~s and profits_ (b) :~II jrdgments. aN•ards of datnaKCS :tnd scttlem~nts hercaftcr made as result of or ~in licu of any takinG of th~ preuiisrs ur any part thereof under the power o( eminent domain, or for any damage (whether causnl by such ta{;inq or otheM•is~l to the pr~mises or the impro~-ements th~reon or any part thereo(; such part of any such judgment, a~card or settlemrnt, as the \[ortgaQee may elect to tx applied to the indebtedn~ss hereby secured and the balance thereof, if any, to be res~n•cd to the parry or parties oth~rw•ise entitleYl therrto. TO }L~\'E A\D TO }101.D the a6o~•e gr:?ntrd and describcd pr~mises to thc said \fortQagce, its successon and assiens, fure~er, and the said liort¢aeor dces hereby fullp warrant the title to said land, a~d will defe~d the sam~ ae:unst thc law(ul ciaims of al! persons whomu~ea•er, provid~d alwa~•s thit if \tortgagor shall pay to Ilfortgagee that c~rtain promiuory note abo~•~ ~ d~scribc~i and shall prr(orm all other co~~enants and conditions of said promissory not~, and o( any renewal, extension or modi- ti~ atiun th~reof, and of this mortgage, ~then this morteace and the estate hereby cr~ated shall cease and be null and ~•oid. \tortgaqor furthPr co~•enants and aqrKS with \[ort~:~ge~ as (ollows: i 1. To pay all sums includinq int~r~st secured hereby ~vh~n due, as provided for in said promissory note and any rcn~wal, extcnsion or mod~fication thcrcof and in this mortgag~, all such su~ns to bc payable in lawfu) mone~ of the United States of ~ America at ~iortgaeee's a(oresaid principal offic~, or at such other place as 2ltortgagtY may dtsignate in writing. 2. To pay wh~n due, and without requirinq any notice trom ~fort¢agce, all taxes, ass~ssments of any type or naturc and other charges le~-ietil or asseued against the prcn~ises hereby encumberecl or any interest of \lortqage th~rein. To immediat~ly pay and discharee any claitn, li~n or encumbrance ae~inst such premis~s which may be or bccome superior to this mortqage and to permit no default or drlinquency on any other lien, rncumbr:?nce or charge against such ptemis~s. 3. If require~d by ~tort¢acee, to also ma!ce monthh• deposits with \torteagee, in a non-interest beacing account, togeth~r ~vith and in addition to interest and principal, of a sum equal to one-hvellth o( the qearly tax~s and ass~ssm~nts which may bc Ir~•ied acainst the prernises, and (i( so requirnl) one-twcllth o( the ~•carl} premiuTns for insurance thereon. The amount of such taxes, auessmrnts and premiums, Nhen unknown, shaU be estimatecl by \tortGagee. Such deposits shall be used by Aiortgagce to pay w~h tires. assessm~nts and prcmiums N•hen due. An}• insuffirirnry of such account to pay such charges wh~n due shall be paid by- ~for~eaqor to ~fortc~¢ee on demand. ]f, by reason o( any default by Aiortgagor under any proruion of this mort- ¢:?ge, \tortRaSee declares all sums secured her~by to b~ due and pa}-able, A{ortqagee may then apply any funds in said account aqainst the entire indebteelness s~curecl herebp. The enforceability of th~ ~o~•tnants relating to taxes, asu~ssments and insuranc~ premiums h~rein oth~rwis~ pro~~ideci shall not be affrcted except in so far as those obiiGations ha~~e been met by ~ompliance with this para¢raph. \fort¢a¢ee ma~ (rom time to time at its option wai~•c, and after any such wai~•er reinstate, any or all provisions hercof re~quirinq such deposits, by notice to 1lfortqaqor in writinc. \~'hile any such waia~er is in effect Mort¢agor shali pay ta~rs. accessments and insurance premiums as herein elsewhere proa•ided. 4. To pav all taxes, stamp tax or oth~r charge which may be asscssni upon this inortqaee. or said note, or ind~btedness secured hrreby. N~thout re¢ard to any law, Federal or State, heretofore or hereafter enacted, imposinq pa}-mrnt of all or any ' pirt th~reof upon \iorte~e~e. In e~•ent of enactm~nt of any law imposing payment of all or any portion of any such tax~s upon i F ~tort¢~ree. or the renderin~ by an~ court o[ last resort of a decision that the undertaking by ~fortgagor, as herein pcovided, to ~ pay such tax or taxes is leg:?Ily inoperativ~, th~n, untess 1lortgagor ne~•ertheless pa~•s such taxes, aU sums hereby secured, without ! any d~duction. shall at the option of ~lortgagee become immediat~ly due and payable, notwithstanding anything contained herein ~ or any l3w hcrctofore or hercafter enacted. ~ 5. To k~ep the premises insured against loss or damage by fire, windstorm or extended coverage and such other hazards as ~ ma~• br rcquired by ~fort~a¢ee. in form and amounts satisfactory to, and in insurance companies approved by 111ortgage~, and with ' a~c~ptable morteaq~~ lou payable clauses attached. Such policies, together with such abstracts and other title evidence as may i be required by ~Sorteagce. shall be d~li~•ered to and hdd by biortgaga without liability. Upon foreclosure of this mortgage or ~ other acquisition of the pr~mis~s or any part thereof by I?iortgagee, said policies, abstracts and tit[e ecidence shal) become thc :ibSOlUtf propert~ of itort¢a¢ee_ - c F fi. To fint obtain the w~ritten conunt of Mortqagee, such consent to be granted or withhdd at the sole diuretion of such 3 ~tort¢:?eee. be(orr (a1 remocing or demolishing any building now or hereafttr erected on the premises, (b} altering the arrange- ~ ment, desicn or structunl character thereof, (c) making any rcpain which in~roh•e the remo~•a1 of structura! paru or the ~ exposure of the interior o( such building to th~ el~ments, or (d) except for domatic purposes, cutting or remo~•ing or permittinq ~ the cuttin¢ and remot•a) of any trc~s or timber on the premises. ~ ~ 7. To maintain pr~mises in good condition an~ repair, includ'eng but not limited to the making of wch repain as ~fortgagee ~ ma~• from time to time determine to be necessary for the preservation of the premisa and to not commit nor permit any ~vaste thereof. ~ ~ . 8. To comply with all laws, ordinances, regulations, co~•enants, conditions and restrictions a(fecting the prem~ses, and not ~ to suffer or pertnit any violation th~reo(. - ~ y 9. If \lort¢a¢or fails to pay any daim, lien or rncumbrance which is sup~rior to this mortgage, or, when due, any tax or assessmrnt ot insurance prcmium, or to keep the pr~mises in repair, or shal! commit or permit waste, or if there be comm~nced .~ny artion or proc~edin4 affecting the premises or the tide thereto, then Mortgagee, at its option, may pay said daim, lien, encum- ~i brance, tax, assessment or premium, with right of subrogation thereunder, may make such ~r~pain and take such steps as it deems :idcisabl~ to prevent or cure such waste, and may appear in any such action or procceding and retain counsel th~rein, and take ~ su~h action ther~in at Mortqagee deems advisable, and !or any of said purposa 1lfortgagee may advance such sums of money, = includinq all costs. fees and other items of expense as it de~ms neressary. Iliortgagee shall be the sole judge o( the legality, = .-alidity and priority af any such daim, lien, encumbrance, tau, assessment and premium, and o( the amount nec~ssary to be paid ;n satisfaction thereof. Aiortgagee shall not be held accountable for any dday in making any such payment, which delay may ~ result in any additional int~rest, cost, charges or expenu otherwise. > 10. ~forteacor will pay to ~fortgagc~. immediately and without demand, all sums of money ad~•anced by ~iortgaGe~ pursu- ~ I _ ant to this mortca¢r. to¢ether with interest on each such ad~•ancement at the rate of ten per cent. (107~ ) per annum, and all ~ such sums and interest thereon shsll be ucured h~reby. ~ r~ i l. :U! sums of money s~cured hereby shall be payable without any relief whatever from any valuation or appraisement laws_ 1?. I( default be made in payment of any instalment of principal or inter~st of said note or any part thereof whrn due, or in pa?ment, wh~n due o( any oth~r sum secured hereby, or in pedormance of any of Mortgagor's obligations, covenants or a rc~m~nts hereunder. all o( the ind~btedness secured here shall become and be immediatd due and g by y payable at the option o( Nortgagee. without notice or demand which are hereby e:preuly waiced, in which event ~iortgagee may avail itsel( of all rights ~ and rem~dics. at law or in ~quit~, and this mortgage may be foreclosed with aU righu and remedies afforded by the laws of Florida and liortgagor shall pay all cosu, charges and expenses thereof, including a reasonable attorney's (ee. :i eooK 200 PAGE2573 X ' ry ~"1N ~rv.~~", ~ ~ . _ _ . . . . _ ~ { ~ . ~ . ~