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HomeMy WebLinkAbout2408 1 TOf'STHSR WITH all and unaulu the tenemeaa, Aerediumenb and appunenanca tbe~cunw belonsi~s or in anywise eheiawto spperainins aad the cenq, inua and profib tAcreot~ aad sla sll ehe atste, ria6t, titk, iaterat and sp claim and demand wbatsoever. as wep ia law aa in e9uih. o( the ~aid Morta+?6or in and to tAe ~aene~ iadudina but aot Waited to: (s) All nat~„ P~~ ~~a, +'~al~ia. rijl?u and bendq derived iroaa (l) c~oq snrwn a? ~aid ~ecurity aad pcoduce ot the wil otherwi~e (2) oil, ~as or miperal kasa ot We prcmi~a or aar part thueof. aow awtir~ or hereinatte~ made, and (S) all other rent~, inup and 'protiq ot tLe premi~a twm time to time accruina, wbeWe~ unde~ teases or tenancia naw e~tir?6 or herea(ter rnated; in each such case with the ri~t ia the Mortaagce, but onlr at its option. to meive snd receipt therefor snd eo app~y ~he :ame as ;c mar decc w wy indebeedaw secured hereb~r. apd the Mortsaaee~ at iu option, may demand, sue for and recover any :ucb paya~e~h, ~eaenrina w the Mortaa~or, lwwever. a bns as said Mortgaaor is not in default hercunder, t6e riaht to receive and retain tuch renq, issue~ aad pro(its. (b) AU judgmenta, awards of damagq and settlemenri hereafter made as a result of or in Ueu ot anr taking ol the Premises or an~ put thereot uader the power of emiaa~t domain, or for any damage (wbet6er caused by :uch taking or otherwise) to the premises or ti~e improvemeata th~reon ar any put t6e~eot; sucb part oi anr ~ch jud~nen~~ award or setdement, u the Mortgagee may elect to be applied to t6e indebtednw hereby secured and the balance thereof, if any, to be reserved to the Auq or partia otherwise entided thereto. TO HAVE AND TO HOLD the above Eranted and described premisa to the uid 1liortgagee, ib succason and aaig~u, forever. and the said Mortgagor does hereby fully warrant the tide to said land, and will defend the same agaenst the lawtul daims of all penom whomsoever; provided ahvays that if Mortgagor shall pay to Mortgagee that certain pmminory note above dauibed and shall perform aU other covenants and conditions o[ said pmmiuory note, and of any renewal, extension or modi- ~cation thereof, and of this mortgage; thrn this mortgage and the eswte hertby created siiall cease and be null and void. ~ , Mongagor further covenants and agrees with Mortgagee as foUows: ~ ~ ~ 1. To pay all sums including interest secured he when due, as rovided for in said ! P P+'~miswry note and any rearwal, f extensian or modi(ication thereof and in this rmrtgage, all such sums to be payable in lawful money of t!?e United Sutes of ' 1 . America at Mortgagee's ato~esaid principal of6ce, or at such ot6er plact as Mortgaaee may designate in writing_ ! 2. To pay when due, and without requiring any notice from Mortgagee, all taxes, assessmenb of any type or nature ~ and other c6arga levicd or assessed against tAe premisa hereby encumbered or any interest of Mongage therein. To immediatety pay and dischacge any claim, lien or encumbrance against such premises which may be or become.superior to this mortgage and to permit no dcfault or aelinquency on any other 1'een. cncumbrance or cbarge against such premises. ~ 3. If -rcquind by Mortgagee, to also make monthly deposits with Mongagee, in a non-interest b~aring account, together ~ with ae~d in addition to interat and principal, of a sum equal to one-tweltth of t6e yearly taxes and assessments which may be levied against the prcmius, and (ii so required) one-twelfth ot the yearly premiums tor insurance thereon. The amount of such taxes, auesunents and premiums, when unknown, shalt be atimatrd by Mortgagee. Suc6 deposits shal) be used by Monga6ee to pay such taxa, assessments and premiureu whea due. Any insutrciency. of such account to pay. such charaes whea due shall be paid by Mortgagor to Mongagce on demand. If, by reason of any default by Mortgagor under any provision of this mort- ~ gage, Mortgagee declares all sums secured hereby to be due and payablq Mortgagee may thm apply any funds in uid aemunt against the entirc indebtedness secured hereby. The enforc~abitity of the covenants rdating to taues, auessmenp and insurance prcmiums herein othezwiu provided sha)1 not be affected except in so far as those obligations have been met by compliance r+ith ~ this paragraph. Mortgagee may from time to time at its option waivq and a(ter any such waiver reinstate, any or aU provisions ` hercof requiring such deposits, by notice to Mortgagor in writing. While any such waiver is in effect Mortgagor shaU pay taxes, assessments and insurance premiums as hcrein etsewhere provided. ' 4. To pay all taxa, stamp wu or other c6arge which may bt assessed upon this mortgage, or taid note, or indebtedneu secured hereby, without regard to any law, Fedrral or State. hezeto[ore or hereafter enacted, imposing payment of al! or any part therco[ upon Atongagee. In event of enactmait of any law impo:ing payment of all or any portion of any such taxes upon Mongagee, or the rendering by any court of last raort of a decision that the undertaking by Mortgagor, as hercin provided, to ~ pay such tax or tazes is Iegally inoperative, t6en, unlas Mortgagor neverthdas pays such taxa, all sums heseb~ secured, without any deduction, shall at the option of Mortgagee become immediatdy due and payaMe, notwithstanding anything contained herein or any law hentofore or hereaEter enacted. 5. To ~eep the premises insured agaimt loss or damage by fire, windstorm or extrnded coverage and such other hazards as may be required by Mortgagee, in form and amounts satisfactory to, aad in insurance compania approved by Mortgagee, and with ~ acceptable mortgagee bss payable clauses attached. Such poGcia, together with such ahstracb and other tide evidence as may bc reyuired by Mortgagce, sha1) be delivered to and hdd bp Mortgagee without liabiliq. Upon foreclosure of this mortgage or ' j other acquisition of the premises or anr part thereof by Mongagee, said policies, abstracts and tide evidence shall become the j t absolute property of Mortgagee. ~ _ 6_ To first obtain the written consent of Mortgagee, such oonsent to be granted or wit6hetd at We sote discretion oi such , Mortgagee, before (a) removing or demolishing any building now or henatter erccted on the praniaes, (b) altuing tbe arrange- ment, desiiqn or structural character tboreof, (e) malung any repairs which invotve the removal of structural parts or the eapoaure of the interior of such building to the elements, or (d) except for domatic purposes, cutting or removing or permitting the cutting and removal of any trees or timbcr on the premises_ To maintain premises in good condition and repair, including but not Gmited to the making of auch rcpain as Mortgagee may from time to time determine to be neceaary for the praervation of t6e premises ared to not oommit rar per~nit anr vw~te thereof. 8. To comply with all laws, ordinanca, regutatiwu, covenants, conditions and restrictioru affecting the premises, and not to suffer or permit any violation thereof. ' 9. If Mortgagor laiL to pay any claim, lim or encumbrance which is ruperior to this mortgage, or, when due, any ta~c or assessment or insurance premium, or to keep the prrmiset in repair, or shall coromit or permit waste, or if there be commeaced any action or proceeding affecting the premixs or the tide tLento, then Mortgagee, at its option, may pay said claim, lim, rncum- brance, tax, assessment or premium, vrit6 right of subrogation tbenunder, may make such repairs and take such steps aa it deems advisable to prevent or cure auch waste, aAd may appeu in any :uc6 action or proceeding and retain counsel tLerein, and take such action therein as 1?iortgagee deems advisable, and for any o( said purposes Mortgagee may advance such sums of aaney, induding al! costs, kes and other items of expense as it deems necessary. Mortgagee shal! be the sole judge of the legatity, ~-alidity and priority of any such claim, L'en~ encumbrance, wc, attasment and premium, and of the amount necasary to be paid in satistaction thereol. Mortgagee. shall not 6e heM acoountable to~ any delay in making any such payment, which delay may rsult in any additional interat, cost, charga or acpense otherwise. 10. Mortgagor will pay to Mortgagee, immediately and without demand, all sums ot money advanced by Mortgagee punu- ant to this mortgage, together with interat on uch such advaMement at the ntE of trn per cent. (10%j per annum, and al1 such sums and intcrest thereon ahap be secured herrby. 11. All sums of money secured 6ercbr sha11 be payable without any rclid whatrver from any valuation or appraisement bws. l2. I( de(ault be made in payment of anr imulmrnt o[ principal or interat oE uid rate or anr part thereof whrn due, or i~ payment, wkrn due ol any otbet wm secured h~rebf, or in per{ormance of u?r of Mort~agor's obliaatio~u, tovrnwts or aareemenb hereunder, aN of the indebtednen ~ccured lterebp shaq bec,ome and be imenediateir due and payabk at the option of Mort6agee, Mrithout notice or demand which are hnebr e~rwlp waived, in Mrhich event Mortsaaee msy avail itaeU of all righb and remcdies, at law or in equity, and this mortsase tnar be forecbred with al) righb aad remedies alforded br the laws of Fbrida and Monaaaor sbaU par all cosb, charaa sad esprnsa thereot, includin6 a rcasonabk attornep"~ tee. ~ BaoK~iz ~z4os ~ _ _ r _ _ ~ ~u^`,3:~:,..H -