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HomeMy WebLinkAbout1759 ~ i: ~ ~ . . TOGBTHER WITH all and u~gula~ the tenemenq, hereditamena and appu~tenanca the~cunto bebo~ing or in a~ywix thereu~to appe~tainina and U?e renu. iuua and profiq thereof. and al~o all the atate, right. title. interest and aU claim and demand whatsoever, u weU in law as in equitp~ o( the taid Mortga6ot in and to the same, includina but not limited to: (a) AU renta, profiu. revenua. ro~raltia. righu and benefits derived trom (1) cropa gmwn on uid security u?d produce of the wil otherwiie (2) oil, gas or mineral leases ot ~he premixs or any part thereot~ now existing or hereinatte~ made, and (3) ali other rents, issues and 'profiq of the prrmises Irom time to time accruing, whether under leases or tenancies now existing or hercafter created; in each :uch caae with the right in the Mortgagee, but only at its option. to receive and receipt thereto~ and to apply the same as it may elat to any indebtedneu secured hereby, and the Mortgagee, at its option, may dema~d, sue tor and rerove~ any such payments, rexrving to the Mortgagor. however, w bng as said Mortgagor is not in default hereundcr, the right to receive and retaio such rrnts, issua and pmGts. (b) All judgments, awards o[ damaga and uttlements hereafter made as a result o( or in lieu of any taking of the premis~s or any part thereot under the powet ot eminent domain, or for any damage (whether caused by such taking or othenvise) to the premises or the improvcments thereon or any part thereo[; such part of any such judgment, award or .uttlement, as the Mortgagee may elect to be applied to the indebtedneu hereby secured and the balance thereof, i( any, to be resen~ed to the party or parties otherwise entitled thereto. TO HAVE AND TO HOLD the above granted and dcuribed pranises to the said I1{ortgagec, its successon and assigns, torever, and the said Mortgagor does hereby tuUy warrant the title to said land, and will de(end the same aga~nst the lawtul clairtu of al) persons whomsoe~•er; providcd always that if Mortgagor shaU pay to Mortgagee that certain promissory note abm•e described a~d shaU pertortn all other covenants and conditions o( said promissory note, and of any re~ewal, extension or modi- fication thereof, and of this mortgage, then this mortgage and the atate herrby created shall cease and be null artd void. ~ I?iortgagor further covenants and agtets with Mortgagee as follows: ~ ' 1. To pay all sums including interat secured hereby when due, as pmvided for in said promiuory note and any renewal, ~ extension or modification thereof a~d in this mortgage. all such sums to be payable in lawful money of the United Stata of :lmerica at Mortgagee s aforesaid principal o(Cce, or at such other place as Mortgagee may designate in writing. ~ 2. To pay when due, and without requiring any notice from 1ltortgagee, alt taxes, aueuments of any type or natarc and other charges le~•ied or assessed against the pre~nises hereby encumbered or any interest of Mortgage therein. To immecliately pay and discharqe any claim, lien or encumbrance against such premius which may be or become superior to this mortgage and to permit no de(ault or delinqurncy on any other li~n, encumbrance or charge against such premises. 3. If required by riortgagce, to also make monthly deposits with Mortgagec, i~ a non-interat beacing account, together with and in addition to interest and principal, of a sum equal to one-tavelfth of the yearly taxa and assessments which may be le~ied against the premises, and (if so requirecf) one-twelfth o( the yearly premiums for insurance thereon. The amount of such taxes, assessmenu and premiums, when unknown, shall be estimateci by 111ortgagee. Such deposiu shall be used by Mo?tgager to pay such taues, assessments and premiums when due. Any insuf(iciency of such account to pay such charges when due shall be paid by 1liortgagor to 111ortgagee on demand. If, by reason of any clcfault by 1liortgagor under any provuion of this mort- gage, 1liortgagcr declares all sums secured hereby to be due and p:?yable, Mortgagee may then apply any funds in said account against the entire indebtedness serured hereby_ The enforceability of the co~~enants nlating to taxes, assessments and insurance premiums hercin otherwiu pro~~ided shall not be affertrd ex~cpt in so far as those obliqations ha~•e bcen met by rompliance with this paragraph. A~ortQagee may froin time to time at its option wai~•e, and aEter any such waiver reinstate, any or all provisions hereof requiring such d~posits, by notice to I?iortQaqor in writing. ~Yhile a~y sueh waiver is in eifect Mortgagor shall pay tvres, assessments and insura~ce premiums as herein elsewhere provided. 4. To pay all taxes, stamp t~c or other charge which may be asxssed upon this mortQage, or s~id note, or indebiedness secured hereby, without regard to any law, Federal or State, heretofore or hereatter enacted, imposinq payment of all or any part thereo( upon Aiortc~eee. In e~•ent of enactment of any law imposing payment of all or any portion of any such tazes npon Mortgagee, or the renderi~g by any court o( last re»rt ot a decision that the u~dertaking by btortgagor, as herein pro~~ided, to pa~ such taz or taxes is legally inoperative, then, unless hiortgagor nevertheless pays such taxes, all sums hereby secured, without any deduction, shall at the option of ~iortgagee become immediately due and payable, notwithstanding anything contained herein ~ or any law heretofore on c~reafter enacted. _ ~ 5. To keep the premises insured against loss or damage by fire, windstorm or extended co~•erage and such other hazards as ~ ma be r uired b•:11ort, a ee, in form and amounts satisfacto to and in insurance com nies a roved b I?iort a ee, and with ~ Y ~9 ) 4 S ~Y . Pa PP Y S S ~ acceptable morteagee loss payable clauses attached. Such policies, together with such abstracu and other title e~~d~nce as may ~ be required by Mortgagee, shall be delivered to and held by Mortgagee without liability. Upon forectosure of this mortgage or ~ ~ other acquisition of the premises or any part thereof by Mortgagee, said policia, abstracu and title evidence shal! bccome the ~ absolute propert~ of Ilfortqagee. _ 6. To first obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole discntion of such \tortgacee. before (a) removing or demolishing any building now or tereafter erected on the premises, (b) altering the arrange- ment, desicn or structural character thereof. (c) making any repairs which involve the removal of structural parts or the ~ ~ exposure ot the interior o( such building to the elements, or (d) except for domestic purposes, cutting or removing or permittinq the cutting and removal o[ any trea or timber on the prcmises. 7. To maintain premises in good condition and repair, including but not limited to the making of such repain as Mortgag~e may from time to time det~rmine to be necessary for the preservation of the premius and to not commit nor permit any waste thereof. 8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions af(ecting the premises, and not to suf(er or p~rmit any violation thereof. ~ 9. If Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or assessment or insurance premium, or to teep the premises in repair, or shall commit or permit waste, or i( there be commenced ~ any action or proceeding affecting the premises or the tide thereto, then Mortgagee, at its option, may pay said daim, lirn, encum- brance, tax, assessment or premium, with right of subrogation thenunder, may malce such repairs and take such steps as it deems ~ advisable to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and take ~ such action therein as biortgagee deems advisable, and for any of said purposes Mortgagee may advance such sums of money, ~ including all costs. fees and other items oE expense as it deetns necessarq_ Mortgagee sha11 be the sote judge of the lcgality, ~ ~-alidity and priority of any such ctaim, lien, encumbrance, tax, assessmerit and premium, and of the amount necessary to be paid ~n satisfaction thereof. 111ortgagee shall not be held accountable for any delay in making any such payment, which delay may ~ result in any additional inttrest, cost, charges or e:pense otherwiu. 1~. Mortga¢or will pay to 1lfortgagee, immediately and without demand, a1l sums of money advanced by ~iortqagce pursu- ant to this mortga~e, together with interat on each such advancemrnt at the rate of ten per cent. (10%) per annum, and all ~ such sums and interest th~reon shal) be secured hereby. ~ 1 I. All sums of money secured hercby shall be payable without any relief whatever from any valuation or appraisement laws. 12. If default be made in payment of any inttalment of principal or interest of said note or any part thereof when due, or ~ in payment, wh~n due o( any other sum secured hercby, or in periormance of any of Mortqagor's obligations, covenanb or agrcements her~under, all of the indebtedness secured hercby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby eapreuly waived, in which event Mortgagee may avail itself of all righu and remedi~s. at -law or in equity, and this mortgage may be toraloscd with all righb and remedia af(orded by the laws o( Florida and Aiortgagor shall pay all cosb, chargp and erzpensa thereo(, including a rtasonable attorney's fee. ~ooK 212 PAC~ 1759 ~ ~ - w~.~ ~ ~~v