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HomeMy WebLinkAbout1671 TOCETIIF.R \YITH all and singula~ the ten~m~•nts, her~ditauicnts and appurten:utccs thrrcunto Ixlonginq or in :~nywise thereunto appertaining and thc rents, issues anJ profits thereo[, and also aU the ~state, ri~ht, titlc, intc~est and a?1 claim and demand whatsc~cvcr, as well in law as in equity, ot the said \lortgaQor in and to the sa~ne, including but not limited to: (a) ~Vl r~nts, profits, revenues, royalties, rights and bene(its deri~•ec1 (rom (1) crops grown on said ucurity and prcxluce of the soil otherwise (2) oil, gas or minr~al leas~s o( thc premises or any pa~t th~reof, now ~xistinq or herein~(trr madc, ar?d (31 all other rents, issues and profits of the premis~s frum time to ti~rrc accruing, whethet und~r leases or ten:?ncies now existing or hercafter ereate+l; in cach such ~ase with the right in the ~torteaqce, but only at its option, to rn-ci~~~ and r~ccipt then(or and to apply the sam~ as it may elect to any indebtedness scrurcd he~eby, and th~ \tortgagcc, at its option, may dcinand, sue for and fCfOYff any such payments, rese~•ing to the \iortga~or, howe~•cr, sa long as said \tortg~eor is not in default hercund«, thc right to rec~i~•e and tetain such rents, issues and profits. (b} :11t judgm~nts, awards o( darnaqes :inJ settlc•mcnts hcreafter made as a result of or in licu of .~ny ~akinfi of thc premises or any part thereof under the power of eminent dortiain, or fur any damage (.whether c.iusnl by such taking or otherwise) to the prcmiscs or thc impro~•cments th~reon or an~• part thcn-uf ; such part of any such judgmeot, a~vard or settlement, as thc !1lortgagee may elcrt to be applieci to the indebteclness h~reby secured and the balance thereof, if any, to be resen•e<f to thr party or parties othrravis~ entitlyd thereto. TO ilAt'E :1\D TO IiO1.D the atw~•c grantcd anc! d~scribeY! premis~s to thr said ~tottgagec, its successors and assi~ns, fore~~cr, and the said ,fort~agor docs hereby full,r• wa~rant the title to s~id l;?nd, and will dr(cn~) the s~mc a~ainxt thc la~~[ul c l:~ims o( all pcrsons ~chomsoc~•rr, pro~•idcal always that if \tort~aqor sha11 pa~ to \torteagcc that ccrtain promissory notc abovc describecl and sh:?1) perfonn ap other ~-ocenants and conditions of said promiswry note. and of an}• r~~ewal. extension or moeli- firation thercof, anc! of this mort¢aqe, then this morte~ee and the est~te hrreby crrated shall cease and be null and ~•oid. bfortcagor (urthcr co~•cnants and agrecs with ~torteaecc as Iollows: l. To pay all sums including interest secured hcrcb~• ~vhcn duc. as proti•id~d for in said promissory• note and any renewal, rxtension or n:ocl~fi:ation therco( and it? this rnortga¢~, all such sums to be pa~able i~ lawful moncy of the l,tnitccl Statcs of :1~nerica at '.lfortqagee's aforesaid principal o[(iee, or at such other place as \tortga¢ee may designate in writing. 2. To pay when due, and without requirinQ any ~otice from \iortc:?gce, all taxes, asseuments o( any type or nawre and other charees le~•icd or assessecl afilinst the prcmises FIPfC~Y tOCUIlIhffC(I or any interest of tfortqaqr th~rein. To in~mrcliatrh• pay and discharee any claim, lien or encumbrance ae:ienst such pre~nises whirh may be or become superior to this mortQage and to permit no de(ault or delinquency on any other lien, encwnbr:~nee or charqe agiinst such premises. 3_ If r~uircd by ~torteaecc, to also makc monthh• dcposits with ~lortqaQCe. in a non-intcrest bcarin¢ account, toGcth~r ~vith and in addition to interest and principal. of sum cqu;~l to one-t~velfth o[ the yarly Wxes and assessmcnts which may be . le~•ie-d ae:~inst the premises, and (if so n-quirnl) one-tw•<•I[th of the ce~rly prrmiums for insur~nce th~rron. The amoimt of such taxes, assessments ~nd premiums, wh~n unknown. shall !x, estimatfti! by :lfortGaqc~. Such deposits shall be used hy ~iortgagce to pa~ such taxes. asse~ssm~nu and premiums when dae_ Am• insuf(iciencp o( such account to pay such charges when due sh:ill be paid by \tor~c:?eor to \tort¢aeee on dcmand. If, by reason of am dc(ault by ASortgaqor under any pro~~ision of this mort- qage, \Iortea~e~ declares all sums secured hereby to be due ~nd p:?~•able, :1lortqaQce may then apply any funds in said accouni againct the cntire indebtedn~ss secur~Yf hcreby. Thc enforreability of thc ~o~•rnants mlating to taxes, assessments and insuran~c prcmiums hcrcin othcr~+isc pro~•id~~1 shall not bc aff~ctcd cx~•cpt in so L~r as thosc obliGations ha~•~ bccn met hy ~ompliancF with this pa~i¢raph. ~tortQafiFC may from timc to time at its option ~n~i~•c, and a~tcr any such waiver rcinstatq any or all pro~~isions hereot requirine su~ h de~sits. 1?y notice to ~fort¢aeor in writinc. t~'hile any such wai~-er is in effect 1~ortgagor shall pa~• taxes. assessm~nts and insuranc~ premiums as hercin elsewhcre pro?•edecl. ~1. To pay all taXPS. SIiRIP tax or other char¢e which ~n~y bf assrssed upon this ~nortgaEe, or s:+id note, or indebtednect s~cured hereby, wiehout reEard to any law. Feeleral or State, heretofore or hereafter enactecl, imposinG p~pment of all or am• part thereof u~n \tortca~ec. In ~cent of enactment of am• law imposing pa~ment of all or any portion of :?ny such wxes upnn ~fott¢aqee. or the mnderinfi by am• court of last resort of a decision that the undertalcinQ by :liortgaqor. as herein pro~•ided. to pa}• such tac or ta~es is leeilly inoper:ttis~e, then, unless ~fort¢agor ne~•ertheless pa~~s such taxes, all sums h~rcby secured, without aoy deduction, sh~ll at the option of ~iortgagee b~com~ immediatcly due and payable, notwithstanding anything containc~l herein or any law heretofore or her~aft~r ~n:?ctrd_ 5. To kecp the ptemises insured against loss or damage by fire. windstorm or extended co~•enge and such other hazards as map be required b~• ~iort¢aeee, in form and amounts satisfactory to, and in insurance companies appro~~ed by ~fortgage~, and with zcceptable morte~Rre loss pa}•able clauses attached_ Sach palicies, together with such abstracts a~d other title e~•idence as map M tcqnirecl bp ~1ort¢agee. shall be dcli~•ered to and h~ld by 111ortgagee without liability. Upon foreclosur~ of this mortQage or oth~r acquisitinn of thr premises or any part thereof by :lfortgagee, said policies, abstracts and title e~•idence shall become the abwlute propertq of ~tortca¢ee. fi. To first obt~in the written consrnt of 1lfort¢agee, such consent to be qranted or withheld at the sole discretio~ of such \(ort¢~tc~, trcfore fa1 rcmo~•ine or demolishing any building now or hereafter erected on the premises, (b) altering the arran¢e- ment, deci¢n or structural character thrreof, (c) making any repain which imroh•e the remo~•al of structural parts or the c~posure of the interior of surh building to the clements, or (d) eacept for domatic purposes. cutting or remo~•ing or permittinq the cuttin~ and remo~-al of any trres or timfxr on the pr~mises. 7. Tn maintain premises in qood condition and repair, ineluding but not iimited to the making o( such repairs as ~iortSaqee niay from tim~ to time determin~ to be necessar}• (or the pteservation of the pnmises and to not comJnit nor perrr?it any ~vaste thereof. 8. To compl}• r.~ith all laws, ordinartces, r~gulitions, coa•rnanis, conditions and restrictions affecting the premises, and not to suffcr or permit a~y a•iolation thereof. 9. If ~iort¢acor fails to pap any elaim, lirn or encumbrance which is superior to this mortqage, or, when due, any tax or .-~sc~~csment or insurance premium, or to k«p the premises in repair, or shall commit or permit waste, or if there be commenced .im- a~tion or procecdin¢ affectin¢ the premises or the tide thereto, then Mortgagee, at its option, may pay said cfaim, lien, e~cum- brance, t1x, assessment or premium, with right of subrogation thereunder, may make such repain and take sueh steps as it deems adaisablr to pre~•ent or cure such waste, and may appear in any such action or proceeding and retain rounsel therein, and take surh action thcrein :u \fort¢ac~e deems ad~•isable, and for any of said purposes 114ortgagee may ad~•ancc such sums of money, includinq :il{ costs. fers and other items oi expense as it deems nec~ssary. Mortgagee shalt be the sole judge of the leqality. ~~aliditp and prioritp of any such claim. lien, encambrance, ta~c, assessmrnt and premium, and of the amount ~ecescary to be paid in satisfaction therro(. rtortca¢ee shall not be held accountable for any delay in making any sueh paym~nt, which delay may result in any additional interest, cost, charg~s or expense otherwix. lfl. ~ic~rt¢a¢or avill pay to ~fortqag~e. immediately and without demand, all sums of monry ad~anced by \~ort~a~ce pursu- ant to this mort~ace. to¢cther with interest on ~ach such ad~•ancement at the rate of ten per cent. (107c ) per annum, and al~ such sums and interest ther~n shall br secured hereby. 1 I_ All sums of money secured hereby shal! be payable without any reli~f whatever from any ~aluation or appraisement laws. 12. If def:?ult be made in paqment o( any instalment of prirtcipal or interest o( said note or any part therco( when due, or in p~y-ment, when due o( any other sum secured hereby, or in performance o[ any of Mortgagor's obligations, co~•enants or agrectnents hereunder, all of the indebtedness ucured hereby shall become and be immediately due and payable at the option of :1lortgagee, without notic~ or dema~d which are heteby upressly waived, in which e~~ent :~fortgagee may avail itsel( of all rights and remedics, at taw or in equity, and this mortgage may be [oreclosed with all ri,qhts and mmedirs alforded by the laws o[ Florida and ~tortgagor shall pay all costs, charges and acpenses thereof, including a reuonable attorney's fee. ~oaK 2U6 1668 ~ ~ . _ ~ ~ ~ '~:i~:~ ~ay ;-T ~ ~`3.---' ~ ix:~ . ~ aR..#ca%."Sfs",s~.