HomeMy WebLinkAbout3797 TOC;FTHER N'ITH all and singular the tenemrnt~, hcrniitame~ts a~d appurtenances thercunto lxlonging ur in .u~ywisc •
thcreunto ap~xrtaining and the rents, iuue: and profits ihereof, and also all the estate, right, title, interest artcl all claim ~nd
d~inand whatscever. as weU in law as in equity, of the said !1lortgagot it? and to the same, incluJing but not limited to: _
(a) All rents, pro(its, revenua, royaltia, rights and benefits detived from (1 } c~ops grown on said s~curity and pracfuce
o( the soil othenvise (2) oil, gas or mineral leases of the premises or ~ny pa~t therco(, now existing or he~eina[tcr m~c1c, and
(3) all other re~u, issues and protits of the prcmises from time to time accruing, whetht~ under leases or tenaneies now existing
or herrafter crwted; in each such case w~th the right in 1he Afortgagee, but only at its option, to recei~•c and receipt therrfor
and to apply the same as it may elect to any i~debtecineu snured h~rchy, and the Mortgager, at its option, may dema~~d, sue [or
and reco~•~r any such payments, resen•ing to the I~tortgagur, however, so lonq as said 211ortgagor is not i~ de[ault i~ereu~der, the
right to recei~•e and rctain such rents, euues and pro(its.
(b) AII judgmeots, awards of d~~nages and setttcmrnts herea(t~r made as a resuit o( or en li~u of any takinq of the
premiscs or any part th~reof unde~ the power oi emin~nt domain, or for any damage (whether c~used by such taking or othcr"•iscl
to the pr~miscs or the impro~•ements th~rrnn or any part thereof; such part of any such judgm~nt, award or settlement, as the
\tortgagee i~ay ~lert to be applied to the indebledntss hereby s~curcd and the balance thtr~o(, if a~y, to bt reserved to thc
pa~ty or p~rties otnerwisc entitlccl thcrcto.
TO 1[A~'E AtiD TO HOI.D the abo~•e granted and describeci prcmises to the said 1lfortgagce, its succeuon and auicns.
forc~~cr, a~d the szid Atort¢agor does hereby fu11y warrant the title to said land, and wiU de(end the same aga~nst the law(ul
claims o( all persons whomso~~•er, providecl alwa~~s that if \fortgagor shall pay to 111ottgagee that certain promissory note abo~•e
d~scribed and shall per(orm all oiher co~•~nants and conditiuns ui saiu pru~uia+u~y r~~te, aad ai a-y zcr.e:ral, rxt~n~~on nr mndi-
(ication thercof, and o( this mortgage, then this mort¢age and the ~statc h~reby cr~atcd shaA ccase and be null and ~•oid.
Iliortgago~ furth~r co~•rnants and aqrc~z with ~tortgage~ as follows:
' 1. To pay all sums including interest secureci hercby whrn duc, as pro~•ided for in s.-eid promissory note and any renewal, ~
~xtension or mod~(icat'an thermf and in this mortgage, all such sums to be payable in lawful money of the United States o( f
, :~merica at ?1lortgagee's aforesaid princip~l offic~, or at such other place as l~tortgag~e may designate in writing. `t
2. To pay whcn due, and without reyuiring any notice from Tlortgagee, all taxes, assessme~ts of any type or nature ~
and other chargcs le~•ied o~ assessed against the premisrs hereby encumbered ot any interest of Jiortgage th~rein. To immecliately
pay and dischar¢e ar?y claim, lieo or encumbrance aeainst SUC~1 ~fCIiUSCS which rnay tx or btcome superior to this mortgage and
to permit no dcfault or delinqurncy on any other 1i~n, encumbran~e or charge against such premises.
3. If requirecl by Aiortgagee, to also make mor~thl~• deposits with ~iortgaqee, in a non-interest bearing account, to¢~ther
~vith and in addition to interest and principal, of 1 cum equ.~l to on~-t~~elfth of the y~arly taxes and ass~ssm~~ts which may be
le~•ied aqainst th~ premu~s, and (i( so requirecl) one-twel(th of the ~•early premiu~ns for insurance thereon_ The amount of such
taxes, asscssmrnts and premiums, when unknown, shatl be estimatcci by Aforiqagce. Suth depasits shal) be used by blortGa¢ec ~
to pay such taxes, asscssm~nts and prcmiums whrn due. :\ny insufficiency of such account to pay such charges when due sh:~ll s
be paid by ~lortga¢or to \tott¢a¢e~ on demand. If, by reason of any default by Aiortgaqor under any pro~~ision of this mort- "
qag~, \tortgao~e declues all sums secured hereby [o be due a~d payable, :ltortgagee may then apply any iunds en said account ?
against the ~ntire ind~btednPSS secured he~~by. The ~nforceability of th~ co~•tnants relating to tax~s, assessments and insuranc~
premiums hercin otherwise prorideel sh~l) not be ~ffectnl ex~ept in so (u as those obliqations ha~•~ been met by complianc~ with
this paraQraph. ~fort¢aQeP may from time to time at its option wai~•e, and a(t~r any such wai~•er reinstate, any or all pro~•isions ;
h~reof requiring surh deposits, by notice to MorteaQor in writin¢. ~1'hilc any such H•ai~•er is in ef[ect Mort¢agor shall pay taxes. s
auessm~nts and insuranc~ premiums as herein elsewhere pro~•ided. "
4. To pay all taxes, stamp Wx or oth~r charge which rnay he ass~ssed upon tl~es mort¢ag~, or said note, or indebtedness i
secured hereby, withoat re~ard to an} 1aw_ Federal or State, heretofore or h~reafter ~nacted, imposing pa~m~nt of all or any
part th~reo[ upon \iort¢agee_ In n•~nt of enactment of any law imposing payment of all or any portion of any such tax~s upon
~iortgagce, or the renderinQ by any court of last tesort of a decision that the undertaEing by ~tortgagor, as hercin pro~•ided, to
pay such ta~ or taxes is I~qally inoperati~~e, then, unleu Rfortqagor nevertheleu pays such taues, all sums hereby secured, without
' any deduction, shal! at th~ option of '_lfortgagee becomt immediately due and payable, notwithstanding anything contained herein
or any law herctofore or herea(t~r enacted.
S. To t~ep thr premises insured against loss or damage by fire, windstorm or ~xtended cov~rage and such other hazards as
may be required by ~iort¢agce. in form and amounts satisfactory to, and in insurance companies approveci by 1lfortgagee, and with
acceptable morte:?Q~e lou payable cianses attached. Such potieies, together with such abstracts and other tide eeidence as may
! be r~quired by :11ort,qage~, shall be d~licrred to and held by tiiortgagee without liability. Upon foreclosure of this mortgage or
' other acqt~isition of the pr~mises or any part thereof by Mortgagee, said policies, abstracts a~d tide e~•id~nce shall become the
I'~ zbsolute prop':~rty of ~tort¢age~.
e
I ~ fi. To first obtain the writt~n consent o( 111ortqa¢ee, such consent to be granted or withheld at the sole discretion of such ~
~iortqa¢ee, ixfore (al remo~•ing or demolishing an~ building now or her~after aectrd on the premises, (b) altering the arrange-
~ ment, desi¢n or strvctural chancta thereof. (c) making any repain which imrol~•e the remo~•al of structural paru or the
I ex sure of thP interior of such buildinq ta the el~ments. or d) exct t for domestic u ' ~
Po ( p p rposes, cutt:ng or removing or per?nitting
I the cuttin¢ and remocal of any tre~s or timber on the premises.
7. To maintain premises in good conditian and r~pair, including but not limited to the makinq of such npairs as Mortgagee
may (rom timr to tim~ determine to be ncceuary• for the presen-ation of the premises a~d to not commit nor permit any .vaste th~reof.
i 8. To comply with all laws, ordinances, regulations, co~•enants, conditions and restrictions a(fecting the premis~s. and not
~ to sufkr or permit any riolation thereof.
i 9. If ;tort¢aeor faits to pay any claim, li~n or rncumbrance which is superior to this mortgage, or, when due, any tax or
f assessmrnt or insuranc~ premium, or to k~ep the premises in repair, qr shall commit or permit waste, or if there be commenced
f any actian or proceeding affectinq the premises or the tide thereto, then Mortgagee, at its opiion, may pay said claim, lien. encum-
' brance. tax, asseument or premium, with right of subrogation th~reunder, may make such repain and take such st~ps as it deems
~ ,d~•isable to pre~•ent or cure such waste, and may appear in any such action or proceeding and retain_coonsd ther~in, and take ~
su~h action therein as ~iortqaqee drems ad~~sable, and for any of said purposes 1liortgagee may advance such sums of money, -
inclutlin4 costs, fe~s and other items o( expense as it deems necessary. Mortgagee shall br tf~~ sole judge of the Iegality, ~
calidity and priority of any such claim, lien, encumbrance, tax, auasment and premium, and of the arnount necessiry to be paid
~ in satisfaction thereo?. Aiortqagee shall not be held accountable (or aay dday in making any such payment, which delay may
rrsult in any additional interest, cost, charges or expense otherwise.
1(1. ~iortca¢or will pay !o !liert¢aq~e, imm~diately and without dtmand, all sums of money advanced by ~tortgage~ pursu-
ant to this mortqa¢e, to¢ether with interest on each such ad~•an~~ment at the rate of ten per cent. (lOr/c) per annum, and ail
su. h si~ntis and interest th~reon shall be secured her~by.
I 1. All sums of mon~y secured hercby shatl be pa~able without any rdief whate~•er from arty ~•aluateon or appraisem~nt laws. ~
12. If d~fault Fx m~de in payment of any instalm~nt of principal or interest of said rate cr any part thereof when due, or
in payment. when due of any other sum setured hereby, or in pedormance of any of Mortgagor's obligations, co~enants or
agrcements hereunder, all of the indebtedness s~cured hereby shall b~come and be immediately due and payable at the option ot
ltortgage~, without notic~ or demand which are h~reby Fapt~uly wai~•ed, in which n~ent Mortgagce may a~•ail itself of ail rights
and remrdies, at law or in equity, and this mortgage may be foreclosed with all tights and rrmedies afforded by the laws of
Florida and 1lfortgagor shall pay a!f coses. chargrs and expenses th~reof, induding a reasonable attorney's fec.
8~~~ 209 fA~~ 79~
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