Loading...
HomeMy WebLinkAbout1369 # f 1 TOC~THER 1Tti all and singular the teneme~ts, he~alitaments and appurtenances therrunto Lxbnging or in anywi:~ thcreunto appe~taining and the rents, issues and profits thercot, and also atl the estate, right, title, iote~est and al! claim and d«nand whauoe~•e~, as wel) in law a~ in equity, of the said I?foitgagor in and to the same, including but not limited to: + E (a) Al) ~ents, profits, revenua, rvyaltiea, tights and benefits deri~~ed Irom (1) crops grown on said security and procfuce 1 o( the soil otherwise (2) oil, gas or mincral leasa o[ the premista or a~y part thereof, now existinq or hereinatte~ made, and ~ (3) all other rents, issua and p~otits of the pnmises [rom time to time acctuing, whethcr unde~ leases or tenancics now existing ; o~ h~reafter created; in each such case with the right in the 11to~tgagee. but only at its option, to recei~•e and receipt therefor ~ ~ and to appJy the same aa it may elect to any indebtcYfness secur~d hereby, and the 1?iortgagce, at its option, may demand, sue [or ~ and recover any such paym~nts, resen~ing to the Mortgagor, however, so long as said bio~tgagor is not in drfault heKUnde~, the riRht to receive and retain such ~mts, issues and profits. ~ (b) All jud~nents, awards o( damaga and settlements hereatt~r made as a ~~sult o( or in licu of any takinq of the : prcmises or nny part thereof under the power of eminrnt domain, or (or any dan~age (wheth~r causcd by such wting or otherhisel i to the premisa or the impro~~~mrnts thereon or any part thereo(; such part o( any such judgment, award or settl~ment, as the ~ Mortgagee may elect to be applied to the indobtednest hereby secured and the balance thereo(, it ahy, to be resen~ed to the party or psrties oth~rwise entitlecl thcrcto. ~ TO HA~'E A1D TO IIOI.D the above gr~anted and deuribrd premises to the said 111ortgagcq its successors aod assiQns, ~ fore~•er, and the said Mortqagor docs hereby fulty warrant the title to said land, and wi!! delend the same aga~nst thc la~v[ul , claims of al1 penons whomsorrer: proridcd alwaps that if Atortgagor shall pay to I?tortgagee that c~rtain promissory note above described and shall pertorm all other co~•enants and conditions of s.~id promissory note, and of any rrnewal, extension or modi- ~ ~ (ication thereof, and of this mortgage, then this mortgaqe aod the estate h~reby created shall c~ase and be null and eroid. j I~fortgagor further covrnants and agrns with \tortgagee as foUows: ' . 1. To pay all sums including intereat secured hereby when duc, as pro~~idcd (or in said promissory note and any renewal, ~ extension or mod~fication thereof and in this mortgage, ail such sumt to be payable in lawlul maney of the United States of :lmerica at Mortgagee's aforesaid principal offic~, or at such other place as 1liortgagee may d~signate in writing. 2. To pray when duc, and without requiring any notire trom Iliortgage~, all taxes, asseumenb oi any type o~ naturc and other charges le~•ied or assessecl against the pr~mises h~reby encumbered or a~y interest o[ ~iortgage thercin. To immediat~ly pay and discharqe any claim, lien or encumbrance aeainst such premises which may be or become superior to this mortgage and ; to permit no defautt or delinquency on any other lien, encumbrance or charge againsi such prrmurs. ' 3_ If required by AiortQagce, to a[so make monthly d~posits with tiortqagee, in a non-interest bea~ing account, togethrr j with and in additeon to interest a~d prinripal, of a sum cqual to o~e-twelfth ot the yearly taxes and assessmrnts which may be t le~•ied against the premises, and ( it so requirccl) on~-tw~eltth of the pearly premiunu tor insurance thereon The amount of such taxes, asscssments and premiums, whrn unknown, shall be estimatcct by I~tortgagee. Such d~posits shall be uscd by Mortgagc~ to pay such taxes, assessments and premiums wh~n due. Any insufficieocy of such account to pay such charges when due sha11 be paid by Aiortgagor to :~tortg~gee on demand. If, by r~ason of any default by 1liortgagor under any provision o[ this mort- ~ gag~, 111ortgage~ declares all sums secured her~by to be due and ~uyable, ~?tortqagee may then apply any funds in said account t against th~ entire indebtedness sccureci hereby. The enforceability of the co~•enants relating to tazes, assessments and insuranc~ i premiums herein otherwis~ pro~•ided sha11 not be affrctect except in so !ar as thost obliqations hart be~n met by compliance ~.ith ` this paragraph. Mort¢ag~e may from time to time at its option wai~•c. and aR~r any such waiver reinstate, any or all provisions ; h~reof re~quiring such deposits, by notice to Atort¢aqor in writinq. \\'hile any such waiver is in ef(ect Mortgagor shall pay ta~es, i assessments and insurance premiums as her~in dsewhere pro~•idcd. ~ 4. To pay all taxes, stamp tax or other charge which may b~ ass~ss~d upon this tnortgage, or said note, or indebtcdness t secured hereby, without regard to any law, Federa) or State, heretofore or her~after enacted, imposing payment of all or anp j part there~of upon bfortqagee. In ~~ent ot enactment ot any law imposing payment of all or any portion of any such taxes upon ; ~iortgage~, or th~ rendering bv any court ot last resort of a decision that the undertaking by Mortgagor, as hercin pro~•ided, to ~ pay such tax or taxes is legally inoperative, then, unless biortgagor ne~•ertheless pays such taxes, all sums hereby secured, without ' any deduction, shail at the option of 3iortgager become immediately due and payaWe, notvrithstanding anything contained herein ~ or any law heretofore on c~reafter enacted. 5. 'To kecp the premis~s insured against loss or damage by fire, windstorm or eatrnded coverage and such other hazards as may b~ required by ~tortgagee, in form and amounu satisfactory to, and in insurance companies approved by 11~ortgager, and with accepta6le monqaqee loss payable clauses attached. Such policies, together with such abstracts and other titie evidcnce as may be required by 1lfortgagee, shall be delivered to and held by Mortgagee without leability. Upon fomlosure of this mortgage or other acquisition of the premis~s or any pan thereof by I?iortgagee, said policies, abstracts and title evidence shaU become the absolute property of Iliortqagee. fi. To first obtain the writt~n cons~nt of Mortgagct, such consent to be granted or withheld at the sole discretion of such \iortqagee, before (a) remo~ting or demolishing any building now or hereafter erected on the prcmises, (b) altering the arrange- T ment, d~si¢n or structural character thereo(, ~ (c) making any repain wherh imrolve the remo~al of structural paru or the \ eaposure of the interior of such building to the ~lements, or (d) except for domatic purposes, cutting or removing or permitting t the cutting and remoral ot any trrs or timber on the pnmises_ 7. To maintain premises in good condition and repair, including but not limited to the making of such rcpain as Mortgagee may irom timr_ to time det~rmine to be necessary for the preservation o( the premises and to not commit nor permit any waste thereof. 8. To comply with all laws, ordinances, rcgulations, covenanu, conditions and restrictions a(fecting the premises, and not ; to suffer or permit any ~iolation thereof. } 9. If Mortgagor faits to pay any ciaim, tien or encumbrance which is superior to this mottgage, or, when due, any tax or ~ assessm~nt or insunnce premium, or to k~ep the premises in repair, or shall commit or permit waste, or if there be commenced any action or proceeding atfecting the premises or the title thereto, the~ Mortgagee, at its option, may pay said claim, lirn, encum- ' brance. tax, assessment or premium, with right ot subrogation thereunder, may mate snch repairs and take such steps as it deems ad~~isable to prea•ent or cure such waste, and may appear in any such actian or proceeding and retain counsel therein, and ta]~e such acteon therrin as Mortgagee deems advisable, and for any of said purposes Mortgagee may advanct such sums of monry, including all cosu, fees and other items of expense as it deems necessary. Mortgagee shall be the sole judge ot the legality, ' calidity and priority of any such claim, lien, encumbrance, tax, assessment and premium, and of th~ amount necessary to be paid in satisfaction thereof. Mortgagee shal! not be held accoantable for any delay in making any such payr»ent, which delay may resuli in any additional interest, cost, charga or eapense otherwise. 1 10. ~fortQaqor will pay to Afo»gagee, immediately and without demand, all sums of money advanced by 1liortgagee pursu- ant to this mottgaqe, together with interest on each such adeancement at the rate o( ten per cent. (10%) per annum, and a11 ~ such sums and inter~st thereon shall be secured hereby. 11. All sums of money secured hereby shall, be payable without any relie( whate~er from any valuation or appraisement laws. 12. If default be made in payment of any instalment of principa! or interat of said note or any part thcrco( whcn due, or in pa~Tnent, when due of any ot6er sum secured hereby, or in performance of any oE Mortgagor's obligatiorsi, covenanU or agreements hereunder, al! of the indebtedness setured henby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand wbich are hereby expreuly waived, in which event Mongagee may avail itxlf of all rights ~ and remedia, at law or in equity, and thu mongage maq be foreclosed with all rights and remedies af(orded by the laws of Florida and Mortgagor ahalt pay alt costs, charga and expenses thermf, including a reasonable attorne~t fce. aa~K208 PacE1369 ; _ ~ f - . ~ ~ V 'y'~'r t- N..'ti l1 f . ? ~ A . ~'~~~1 f54 ' 5,.~ 'F~`o'_a. - _ ; ~'tM9-''~`?3~~''"fia.- ~'1.s~ . 'y~? .t" ~ . - _'Sx+~'"~a.~.g ~Sa'iu::~d~