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HomeMy WebLinkAbout0092 . . . TOGETHER' VOITH all and singular the tenemenes, hereditanunta and appurtcnances thercunto beb~ging or in anywisc the~eunto appettaitiing and the rents, issues and pcolits thereo[, and alto all the atate, right, titk, interqt and all claem and d°mand N'hstsoeveR. ~t'we11 en 1aw a~ in equity, of the said I?loitgagor in and to the samq i~duding but not limited to: (a) All ~ents, p~p, tn~enua, royaltia, rights and beneJits derived fcom { i) crops g~own on wid ucurity and produce ' of the soil oth ! ,~~e ~2~ oil. Bas w mineral leases ot the prcmisd or any part thenof~ now exi:ting or hereinafter made, and (3) all other rEnts, issua and 'profits of the premises from time to time accruing, whethe~ under leases o~ tenancies now existing { or hereafter created; in each such case with the ~ight in the ltiortg~gee. buf only at iu option, to recei~•e arrd receipt there(or ~ and to apply the same as it may elect to any indebtednas secured hereby, and the Mortgagee, at iu option, may demand, sue tor i and reco~~er any such payments, racrving to the 1liortgagor, however, so long as said l~tortgagor is uot in default hcreunder, the i right to recei~~e and retain such rents, iuues and profiu. - f ~ (b) All judgmenu, awards of damages and uttlements hereafter made as a result of or in lieu of any taking o( the prcmius or any part thereof under the power oi eminent domain, or for any damage (whethcr caused by such taking or otherwisr) to the premiscs or the improvemrnts thereon or any part thercof; such part of any such judgmrnt, award or uttlemcnt, as th~ ~ Mortgagee may elect to be applied to the . indebtedness hereby secured and the balance thereof, it any, to be resecved to the party or parties otherwise entided therrta. ~ y' TO HAVE AND TO }{OLD the abw~e granted and dcYCribed premises to the said Ilfortgagee, its succeuors a~d assiens, fore~~e~, and the said biortgzgor does hereby iu11y warrant the title to said land, and wil! defrnd the same agaenst the lawful claims of all persons whomsoe~•er; pro~•ided alwayt that if Mortgagor shall pay to Mortgagee that cettain promissory note abo~•e describecf and shaU perform all other covenants and conditions of said promissory note, a?~d oi any renewal, ext~nsion or modi- fication thereof, and oE this mortgage, then this m~rtgage and the atate hereby created shall cease and be null and void. k Mortgagor further co~•~nants and agrees with I?io~tgagce as [ollows: ' 1. To pay'all~sums including interest secured hereby when due, as provided for in said promissory note and any renewal, 3 ~ extension or; rilod~fi~atipri thcreof and in thu mortgage, aU such sums to tx payablr in lawful money of the United States of ~ ' . .~merica Mortgageds a~igresaid principal otfice, or at such other place as Mortgagee may dcsignate in writing. ; Y,~To pay whla due, and without requiring any notice fwm Mortgagee, all taxcs, assesunenu of arty type or nature ~ and other ~ar~ lt~•ied,or aisesxd against the premisa hereby encumbered or any interest of ~tortgage therein. To immcdiately pay and dischatge any claim; lien or encumbrance against such prnnises which may be or become superior to this mortgage and to permit no delault or del~quency on any other lien, ~ncumbrance or charge against such premues. _ 31 requircd by Mdrtgagee, to also make mo~thly d~posits with 111ortgagce, in a rton-int~rcst bearing account, together with and ia~ add~ion.~td interat and principal, of a sum ~qual to one-twelfth of the yearly taxes and assessmenu which may be le~tied againtt tRe premises, and (i( so r~quircd) one-twelfth o( the yearly premiums for insurancc thcreon. Th~ amount of such taxes, asscssmenb' and ~premiams, wh~n unknown, shall be ~stimatcci by 1lfortgag~e. Such deposiu shall be used by Mortgagee t to pay such taues, assessmrnts and premiums Nhen due. Any insutficiertcy ot such account to pay such chargn when due shall s be paid by Mortgagor to \iort,qagee on demand. I(, by reason of any default by Iliortgagor under any provision of this mort- ~ gage, 1liortgagce derlares all sums secured heroby to be due and pa.•able, Mo~tgage~e may then apply any funds in said account ~ against the entire indebtedness secured hereby. The enforceability o( th~ co~-e~ants relating to taxes, assessmrnts and insurance prcmiums herein otherwise pro~•ided sha11 not be affected exc~pt in so far as those obligations ha~e been met by compliance with this paragraph. Mortgagee may from time to time at its option wai~•~, and after any such waiver reinstate, any or all provisions he~eof requiring such deposits, by notice to Mortgagor in writin¢. While any such waiver is in etfect Mortgagor shall pay taxes. assessments and insurance premiums as herein elsewhere pro~ idcd. ~ 4. To pay all taxes, stamp tax o~ other charge which may be ass~ssed upon this mortgage, or said not~, or indebtedness ~ secured hemby, without regard to any-law, Fedcra! or State, hrretofore or herealter enacted, imposing payment of all or any part thereof upon Mortqaqee. In event of enactme~t of any law imposing payment of al! or any portion of any such taxa upon ~ '.lfortgagee, or the rendering by any court of last resort of a decision that the undenaking by 1lfortgagor, as hercin pro~~ded, to ~ pay such tax or taaes is legally inoperativq then, unleu A{ortgagor nevertheless pays such taxa, aU sums henby secured, without ~ any dcduction, shap at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein ; or any law hercto[ore on c~rea[t~r cnacted. f 5. To keep the premiscs insur~d against loss or damage by fire, windstorm or e:tended coverage and such otAer hazards as ~ may be required by Mortgagee, in form a~d amounu satisfactory to, and in insurance companies approved by 11Sortgagee, and with acceptable mort4aqee loss payable clauses attached. Such poticiu, together with such abatracts and other title evidence as may i be required by Mortgagee, shall be deli~•ered to and hdd by Mortgagee without liability. Upon foreclosure of this mortgage or i other acquisition of the premises or any part thereof by Mortgagee, said policies, abstracts and titte evidence shall become the absolute property of 1lortqagee. t 6. To first obtain the written consent ot Mortgagee, such conse~t to be grantcd or withheld at the sole disc~etion oi sach ~ !lfortgaqee, bcfore (a) removing or demolishing any building now or herealter erected on the prcmises, (b) altering the arrange- ; ment, desi¢n or structurai character thereof, (c) maki~g any repain which inwlve the removal of structural parts or the ~ exposure o( the interior of such building to the eleme~ts, or {d) except for domestit purposes, cutting or removing or permitting ~ the cutting and remo~•al oE any trees or timber on the premixs. ~ i 7_ To maintain premisa in good condition and rcpair, including but not limited to the making of such rcpain as 1liortgagce ~ may from time to time determine to be neceuary for the preservation of the premisa and to not commit nor permit a~y waste thereof. ; 8. To comply with all laws, ordinances, rcgulatiorts, covenants, conditions and restrictions affecting the premises, and not ~ to suf(er or permit any violation thereof. ; 9. If Mortgagor fails to pay any claim, lien or encumbrance which is superior to thu mortgage, or, when due, any tax or assessm~nt or insurance premium, or to ketp the premises in repair, or shall commit or permit waste, or if there be commenced any action or proceeding affecting the premises or the title thereto, then Mongagee, at its option, may pay said claim, 1ien, encum- brance, tax, aueument or premium, with right of subrogation thereunder, may maEe ~uch rcpain and taice such steps as it deems j advisable to prevent or cure such waste, and may appear in any such attion or proceeding and retain rounsd therein, and take - such action ther~in as Mongagee deems advisable, and for any of said purpwu Mortqagee may advance such sums of tnoney, includinq all costs, fee~s and other items of expenu as it dtems necessary. Mortgagee shall be the wle judge of the legality, ~•alidity and priority of any such claim, lien, encumbrance, tax, auasment and premium, and of the amount necessary to be paid in satisfaction th~reof. biortgagee shal! rat be held accountable for any delay in making any such paym~nt, which dday may result in any additional interest, cost, chargu or expenu otherwise. • !0. Mortgagor will pay to Afortgagee, immediately and without demand, alt svms of money advanced by Atortgagee pursu- ~ ant to this mortgage, together with interest on each such ad~•ancement at the rate o[ ten ~xr cent. (10%) per annum, and all such sums and intcrrst thereon shall be secured hereby. ; 11. Al! sums of money ucured hereby shall be payable without any relief whatever from any valuation or appraisement taws. 12. If default be madc in payment of any instalment of principal or int~rese of said note or any part thereof whrn due, or ~ in payment, when due of any other sum secured hereby, or in pedormance of any of Mortgagor's obligations, covenanb or ~ agreemrnts hereunder, all of the indebtedness secured here shall become and be immtdiatel due and ~ Y payable at the option of ~ Mortgagee, without notice or demand which are hercby e:pre~ly waived, in which event Mongagee may avail itsel[ of all righu ~ and remedies, at Iaw or in equiry, and this mortgage may be foreclosed with all rights and remedies afforded by the laws of Florida and Mortgagor shalt paq all costs, charges and expenses thereof, incl~deng a reawnable attorney's tce. ~ ~ ~ ~ BGGr 2~9 FACE .1 ~ ~ ~ ~x~.~.._ , _ . . - _