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HomeMy WebLinkAbout0373 4 TOCETHER ~~'lTH all and singul.?r the trn~ments, hereclitaments anJ appurt~n~~ces thrrcunto lxlonginc or in .u~~wisc ihcreunto appe~taining and the rents, iuucs and pro(its thereof, and also aU the eswtq right, tide, intecest anJ :?11 claim ~nd dca~~nd whatsoc~•er, as well in law as in equity, of the said 1lfortgagor in and to the same, including but not limited to: (a) All rents, pro(its, revenues, royaltia, rights and be~efits drri~•rd irom (1) crops grow~ on said security and procfuce of the soil otherwiu (2) oil, gas or mineral leas~s of thc prcmisa or any part thcreo(, now existi~~g on c~rcinaftcr made, and (3) aU other rents, iuues and profits of thc preinises (rom tirne to ti~ne accruing, whcther under I~ases or tenancies now existing or hereafter created; in each such case with the ~ight in the \lortgagee, but only at its option, to r~ccivc and reccipt ther~for and to apply the samc as it may elect to any indebtnlness securcd he~eby, and the riortgi_qee, at it: option, may dcm:+nd, sue (or and reco~•e~ any such pa}•ments, rrsen•ing to the Iltortg~gor, however, so long as s:~iJ ~to~tgagor is not in dr(ault hcrcunder, thc right to rec~i~•e and ret.?in such rents, issucs and profits. (b) All judgmcnts, awards of damaqes and sctdements hereaft~r made as a rrsult o( or in licu ot any takinR of the premises o~ any part thcrcw( undcr the power,of cmin~nt domain, or (or any damage (whether c.~usecl by such taling or othcrwiscl to the premises or the impro~-ements ther~on or any patt thenrof; such part of any such judgment, award or settlement, as the !?to~tG~gee may elect to be applied to the indebtedness h~reby secureci and the balance therto(, i( any, to bC fCSCT~'ClI to the party or parties otherwise cntid~Y1 ther~to. TO }IAVE A\D TO HO1.D the abo~•e granted a~d described pr~mises to the said I1lortgagee, its succeuors and assiens, lore~~er, and the said 1lfortqagor docs hercby fully warrant the tide to s~id land, and will detrnd the s.um aR:?'nst the la~vtul cl:iims of all persons ~vhomsoever; proa•ided always th:tt if \tortgagor shall pay to ~tortqagee that certain promissory note abo~•e describ~d and shaU perform all other corenants and conditions of said protnissory note, and of any renewal, extension or modi- fication thereof, and o( this nwrtgage, then this mortQage and the estat~ hereby createci shall c~as~ and be null and ~•oid. ~fortgaqor lurther coeenants and agrecs with ~tortgagee as (ollows: 1. To pay all sums including interest secured h~r~b} whrn due, as pro~•idcd (or in said promissory not~ and any rrnewal. cxtcnsion or ~n«l~(ication thcrcof and in this mortgaG~, all such sunu to be payable in law(ul moncy o[ thr United States of :lmerica at \iortg~Gee s afore~id principal offic~, or at such other place as I1lortgagee may designate in writing. 2. To pay w•hen du~, and without requiring any notice Irom ~tort¢agee, aU taxes, asseumenu of any type or s?aturc and other chargrs Ie~•ied or ~ssessnl against the premis~s hereby encwnberecf or any interest of ~tortgage therein. To immediately pay and diuharqe any claim, lien or encumbr.mc~ aeainst se~eh premises which may be or become superior to this mor~qage and to permit no default or~delinquency on an}• other lien, rncumbr:?nce ur charge against such premises. 3. If requireci by \lort¢ae~e, to also inak~ m~nthly deEwsits ~~ith 111ortqagee, in a non-interest be:?ring account, to¢eth~r with and in addition to interest an.t princip~l. of sum eyual to one-twelfth of the yearly taxcs and asseuments which may be ]e~-ied a~ainst the pr~mises: a~d (ii ~u rrquirMl) on~-h+~l[th of the gcarly premiwns for insurance thereon. The amoimt of such taxes, assessments and premiums, whcn unknown, shall be estimateYl by ~iortqage~. Such deposits shall be used by 1liortGaGce to gay such taxes. ass~um~nts and prcmiums whrn dur. Anp insu(ficiency o( such account to paq such charges when due shall be paid by ~lorteagor to \tort¢a¢ee on demand. If, Ly r~~son of a~y def~ult by \tortgagor under any provision of this mort- qaqr, \tortc:?~ee declarrs all sums s~curecl her~by to lx due and pa~•:?blc. Iliortgagee may then apply any funds in said account against the entire indebte~clness secureci h~reby. The ~nforceability of the co~~Mants relating to taxes, assessments and insurance premiums h~rein otheracise pro~•ided shall not be a(fertecl e«ept in so (ar as those obligations ha~•e bcen met by campliance with this paraQraph. ~fort¢a¢~c m~y (rom time to time at its option waivc. and after any such ~sai~•cr reinstate, any or all pro~•isions h~rcaf requiring sueh deposits, by notic~ to 1lfort¢a¢or in writin¢. ~~'hile any such waia•er is in effect ~iortgaqor shall pay taxes. assessments and insurance prerniums as hecein elsewhere procided. 4. To pay all taxes, stamp tax or other charge which may b~ asuss~d upon this mortgag~, or said note, or indebtcdness srcured hereb~•, without regard to any law, Federal or State, heretofore or hereafter enacted, imposing p.~yment of all or any part thPreo( upon ~tort¢ae~e. In event af enattment of any law imposing payn?ent of all or any portion of any such tax~s upon ~iortgagee, or the renderine by any court of last resort of a decision that the undertaking by 211ortgagor, az hercin pro~•ided, to pay such taz or taxes is legally inoperati~•e, ihen, unless Afortgagor ne~•ertheless pa~~s such ta~ces, all sums hereby secured, without , :~ny deduction, sh~ll at th~ option of ~iortgagee betome immediately due and payable, notwithstanding anything contained hereen ' or any lavn c~retoforc on c~r~aftcr en:?ctcd. ! 5. To ke~ep the premises insured against loss or damage by Gre, windstorm or extend~d coverag~ and such other hazards as ~ may be required b~ ~fortqaqee, in form and amounts satis(actory to, and in insutance companies appro~ed by l~iortgagee, and with ~ acceptable mort¢aqee loss payable clauses attached. Such policics, together with such abstracts and other tide n~denre as may f bc required b~ I~fortcagee, shall be dcli~~ered to and held by Mortgagee without liability. Upon foralosure of this mortgage or ~ other acyuisition of the pr~mises or any part thereof by ,tortgagee, said policies, abstracts and tidc evidence shall become thc ~ absolute property of \lortqa¢ee_ ~ 6. To Grst obtain the w~ritten cons~nt of Iliort¢agee, such consent to be granted or withheld at the sole discretion ot such ~ \tortgaGce, before {a) removing or demolishing any building now or hereafter erected on the premisa, (b) altering the arcange- 3 ment, desi¢n or structural character thereof, {c) making any repairs which imrolve the remo~~al of swctural parts or the exposure of the interior of such building to the elemenu, o~ (d} except for domestic purposes, cutting or removing or permittine the cuttinq and r~moval o( any trces or timber on the prcmises. 7_ To maintain prcmises in good condition and repair, induding but not limited to the making of wch repairs as Mortgagee may from timc to time determine to be neceuary for the preservation of the premises and to not commit nor permit any waste thereof. - 8. To comply with all laws. ordinances, regulations, covenants, conditions and restrictions a(fecting the premises, and not - to suffcr or prrmit any ~•iolation th~reof. 9. If ~tortga¢or fails to pay any claim, lien or encumbrance which is superior :o this mortgage, or, when due, any tax or assessment or insurance pr~mium, or to ktep the premises in repair, or shall commit or permit waste, or if thert be commenced any action or proc~eding aflecting the premius or the title thereto, then Mortgagee, at its option, may pay said daim, lien, encum- brance, tax, assessment or premium, with right of subro,qation 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 ~ Mortgagee deems advisable, and for any o( said purposes Mortgagee may advance such sums of money, including all costs, fees and other it~ms ot eapense as it deevu necessary. Mortgagee shal! be the sole judge of the legality, ~•alidity and priority of any such claim, lien, encumbrance, tau, assessment and premium, and of the amount necessary to be paid ~ in satisfaction thereof. Iktortgagee shall not be held accountable for any delay in maicing any such pay-ment, which delay may ~ result in any additional interest, cost, charges or expense otherwise_ q 10. 1ltartqa¢or will pay to ~iortgag~e, immediatdy and without demand, all sums of money advanced by Atortgagee pursu- ~ ant to this mortga¢e, together with intuest on each such ad~•ancement at the rate of ten per cent. ( lOr/c ) per annum, and all ~ such sums and interest thereon shal) be secured hereby. I 1. All sums of money secured hereby shall be payable without any r~lief whatever (rom any valuation or appraiument laws. r;„~ 12. IE default be made in payment of any instalment of principal or interest of said note or any part thereof when due, or in payme~t, when due of any other sum secured hercby, or in pedormance ot any of Mortgagor's obligations, covenanu or ~ agreements hereunder, all o( the indebtedness xcured hereby shall bccome and be inunediatdy due and payable at the option of ,v: ~ Mortgagee, without notice or demand which are hereby exprusly waived, in which event Mortgagee may avail itself o( all rights and remedies, at law or in equity, and this mortgage may be foreclosed with all rights and rcmedia af(orded by the laws of ~ Florida and I?iortgagor shaU pay all cosb, chazges and expenses thereof, induding a reasonable attorney's fee. ~ ~o~K ~08 373 z:~ ~ , _ ° ~ ~ rf ` ~ ° ~3,,.~~ _ ~~,~.~-~~z^~.~ ~ __=.__v