HomeMy WebLinkAbout2630 TOCETHER ~11TH all and singular the tcnemrnts, hereditamenu and appurtenances thcrcunto bclonging or in a~ywisc
thcreunto appe~taini~g and the rents, iuues and profits thereof, and also a11 the atate, right, titlc, interest and all ciaim and
dc~~and whatsoe~•~~, as wcll in law as in equity, o( the said I~tortgagor in and to the same, includi~g but not limitcd to:
(a) ~111 rents~ protits, ~eve~ua, royaltia, rights and bene[its deri~~ed from (I) c~ops grow~ on said security a~d produce
of the soit otherwise (2j oil, gas or mine~al leases ot thc premeses or any part thereof, now existinq or hereinafte~ made, and
(3) all other rents, iuues and 'pcofits o( the prcmises trom time to time accruing, whether under leases or tenancia now existi~g
o~ hereafter neated; in rach such case witb the right in the 111ortgagce, but only at its option, to recci~•e and ~eceipt thercfo~
and to apply tht same- as it may elect to any i~debtedness ucureci hereby, and the Mortgagee, at its option, may demand, sue for
and reco~•er any such paym~nts, resen•ing to the !liortgagor, hbwn•cr, so long as said I?lortgagor is not in default hcrcunder, thc
right to recei~•e and retait? such rents, issues and profits.
(b) All judgments, awards of damages and scttkments hereafter madc as a result o( o~ in licu o[ any ta4inR o( thc
prcmises or any part thereof under the po~v~r oi eminent domain, or [or any damage (whether caused by such taking or otherwise}
to the premises or the improeements thereon or any part thcreol; such part of a~y sueh judgment, award or settl~ment, a~ th~
riortgagee rrwy elect to be applied ro the indebtedneu hercby secured and the bslance therrof, if any, to bt t~SCR'C(~ to the
party or partia otherwise entitlai thoreto.
TO HAVE A\D TO NOI.D the abo~•e granted and describec! premises to the said 1lfortgagee, iu successors and assicns,
fore~•cr, and the said 1liorteagor does hereby [ully warrant the title to said land, anJ will defend the same aga~nst the I1N'~Ul
.•I:~ims of a11 pcnons whomsoe~•er; provided always that if ;ltortgagor shall pay to 1liortgagee that certain promissory note abo~•e
deuribed artd shall perform all other co~•enanu and conditions of said promisxory note, and oi any renewal, extension or modi- .
fication thercof, and oi this mortgage, then this mortgaQe and the atate hereby created shall cease and be null and ~roid.
2lfortgagor further co~•enants and agre~s with ~tortgaqce as [ollows:
1. To pay all sums including interest secured hereb~ ~vhen due, as pro~~id.~1 for in said promissory r~ott and any renewal,
extension or mod~(ication thereo[ and in this mortgage, all such sums to be payable in law[ul money oi the United States o(
_1me~ica at Mortga¢ee's aforesaid principa! olfice, or at such other place as l~fortgagee may desigr?ate in writing.
2, To pay when due, and without requiring any notic~ from Aiortgagee, all taxes, assessmenb of any typc or naturc
and oth~r charges Ir~•inl or ascrued against the premises hereby encurnbered or any interest of ~tortgage thercin. To immediately
pay and discharqe any claim, lien or encumbrance against such premises which may b~ or become superior to this mortgage and
to permit no default or delinquency on a~y other lie~, ~ncumbrance or charge against such premises.
3. If required by 111ortgagee, to also ma4e monthly deposits with Mortgagec, in a non-interest bearing ~ccount, toqcth~r
with and in addition to interat and pri~cipal, of a sum equat to one-twelfth of the yearly taxa a~d asseuments which may be
Ieried against the premites, and (if so required) one-twrlfth of the yearly premiums for insurance thereon. The amount of such
taxes, assessmenu and premiums, . when untnown, shall be estimatecl by 1lfortgagee. Such deposits shall be uud by Mortgagee
to pay such taxes. assessments and premiums when due. Any insutticicnc7 of such account to pa~ such charga whrn due sh~ll
be paid by lliortgagor to 111ortgagee on demand. I(, by reason of any default by Mortgagor under any proti•uion of this mc>rt-
qage, ~fortga¢e~ declar~s all sums secured hereby to be due and payable, 1liortgagee may then apply any funds in said account
agaiost the entire indebtedneu secureci hereby. The enforceability of the co~•enanu relating to taxes, assessm~nts and insurance
premiums hercin otherwise providec! shall not bc affrrted e:ccpt in so far as those obligations 6ave bcen met by compliance with
this paragraph. ~fortQaqce may trom time to time at its option waive, and aft~r any such waiver rcinstatq any or all provuions
hereof requiring surh dtposits, by notice to Mortgagor in writinq. While any such waiver is in effect Mortgagor shall pay ta~es,
assessm~nts and insurance premiums as herein elsewhere provided.
4. To pay all ta~es, stamp tax or other charge which may be asscssed upon this mortqag., or slid note, or indebtedncu
secured hereb~, without re¢ard to any law, Federal or State, heretofore or hereafter enacted, imposing pa}-ment of all or any
part thereof upon tiortqag~e. In event of enactment of any law imposing payment of aIl or any ponion of any such taxes upon
Mort¢aqee, or the rendering by any court of last resort of a decision that the undertaking by 111ortgagor, as herrin pro~•ided, to
pay such tax or taaes is leqally inoperative, then, unless 1liortgagor ne~•ertheless pays such taxes, all sums hereby secured, without
any deduction, shall at the option of 11~ortgagee become immediately due and payabte, notwithstanding anything contained herein
or any law hcrctofore or hercafter enacted.
5. To lcerp the premisa insured against lou or damage by tire, windstorm or extended coverage and such other hazards as
may be required by lfortgagee, in form and amounu satis(actory to, and in insurance companies approved by Aiortgagee, and with
acceptable moneagee loss payable clauses attached. Such policies, together with such abstracts and other title e~hdence as may
be required by MortQagce, shall be deli~•ered to and held by Mortgagee without liability. Upon foreclosure of this mortgage or
other acquisition of the premiscs or any part ehereo[ by 1liortgagee, said policies, abstracts and title r~•idence shall become the ~
absolutc property of ~iortgaeee.
6. To rrst obtain the written consent ot 111ortqagee, such consent to be granted or withheld at the aole discretion ot such '
Aiortgacce. betore (a) removing or demolishing any building now or hereafter erected on the premises, (b) altering thc arrange-
ment, desi¢n or structural cbaracter thereof, (e} making any repain vrhich involve the remrn•at of structural parts or the ~
exposure of thc interior of such buiiding to the elementz, or (d) except for domestec purposes, cutting or remo~ting or permittinq t
' the rutting and remoral of any trces or timber on the premises.
7. To maintain ~r~mises in good condition and repair, including but not limited to the making of such rcpain as ~iortgagee ,
may from time to time determine to be necessary (or the preservation of the prcmises and to not commit nor permit any waste thereof. ~
8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the pnmises, and not i
to suffer or permit any ~•iolation thereo[.
9. If 1liortgagor (ails to pay any claim, lien or encumbrance which is superior to this mortgage, or, whrn due, any tax or
asscssment or insun~ce premium, or to teep the premius in repair, or sha1T commit or permit waste, or iE there be commenced
any action or proceeding a!(ecting the premixs or the title thereto, then Mortgagee, at its option, may p.1y said claim, lien, encum- ~
brance, tax, acsessment or premium, with right of subrogation thereunder, may make such repain and take such steps as it deems
ad~•isable to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and taice
such action therein as ~fongagce d~ems ad~isable, and for any of said purposa Mortgagee may adti•ance ~uch sums of money,
inclucfing all costs, fecs and other items of ez}xnse as it deeat~ necessary. Mortgagee shall be the sole judge o( the legality,
~•alidity and priority of any such claim, lien, encumbrance, tax, asseument and premium, and of the amount necessary to be paid
in satisfaction thereof. biortgagee shall not be held accountable for any dday in making any such paymrnt, which detay may
resuit in any additional inurest, cost, charges or acpense otherwite. -
10. Mort¢a¢or will pay to 1lfortgagee, immediately and without dcmand, all sums of money advanced by ]lfortgagce pursu-
ant to this mortga¢e, togethrr with inttrest on each such ad~ancement at the rate of teri per cent. (tOrJc) per annum, and all
such sums and interest thereon shall be secured hereby.
11. All sums of money secured hereby shall be payable without any relief whatever from any valuation or appraisement laws.
12. If defaul[ be made in payment oE any irutalment of principal or interest oi said note or any part thereof when due, or
in payment, when due of any other sum secured hereby, or in performance of any of Mortgagor's obligations, covenants or
agreements hereunder, all of the indebtedness secured hercby shall become and be immediately due and payable at the option of
Mortgagce, without notece or demand which are hereby espressly waived, in which event Mortgagee may avail itsel( of all rights
and remcdiPS, at law or in equity, and this mortgage may be foreclosed with all rights and rcmedia afforded by the laws o(
Florida and I?iortgagor shall pay all costs, charges and tapenses thereof, including a reasonable attorney's (ce.
- ~04~ 204 P~~ 2~~
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