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Home My WebLink About0309 i~ ~ TOGETHER WITH all aod unsular the tenemenq, hercditamcnts and appurtenances the~eunto txbnging o~ in a~ywise thereunto appertaining aad the tent~~ iuua and pwtits thereof, and alw all the atate, right. title. interat and aU rlaim and demand whatsoeveq as vreA in taw as in equitp. of the uid Mortgagor i~ and to the iame, indudin~ bnt not limited to: (a) All renu, prolitt, revenua. royaltia, rightt and benetits de~ived fwm ctops grown on said secu~ity and produce of the soil otherwise (2) oil. gas or mineral leases of the premises or any put the~eot. now existing o~ hereinafter made, and (S) all other rents. issua and 'pmtits of the premisa trom time to time accruing, whether under leases o~ tenancies now existing t or hereatte~ created; i~ each such case with the right in the Mortgagee, but only at iq option. to recei~~e and ~eceipt theretor and to apply the iame as it may elect to any indebtedness secured hereby, and the I?iortgagee, at its option, may demand, :ue tor ! and reco~~er any such paymenb, reserving to the Mortgagor, however, so bng as said Mortgagor is not in default hereunder, 1he ~ right to receive and retai~ such ~e~u, iuua and profits. (b) All judgmenu, awards oi damages and settlements her~after made as a result o[ or in lieu ot any taking of the premisa or any part thereof uode~ the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the premises or the impro~•ements thereon or any part therrof ; such part of any such judgment, award or uttlement, as the Mortgagee may elect to be applied to the indebtedneu he~eby secured and the batance thereof, it any, to be reserved to the party or parties otherwise entitled thereto. ~ TO }IAVE AND TO NO1.D the above anted and deuribed ; gr premius to the said Mortgagee, its succuson and assigns, ~ toreeer, and the said Mortgagor does hereby fuUy warrant the title to said land, and will delend th~ same agn~nst the lawful ~ claims of all penons whomsoe~•er; pr+o~•ided always thst if Mortgagor shall pay to Mortgagce that certain promissory note abo~•e described and shall pedorm all other covenants and conditions ot said promissory note, and ot any renewal, extension or modi- (ication thereof, and of this mortgage, then this mortgage and the estate her~by created ahall cease and be null and ~roid. 1 . j Mortgagor further covenants and agrtes with Mottgagee as foUows: ~ ~ j 1. To pay all sums including interat sec~rcd hereby when due, as provided tor in said promissory note and any rcnewal, , ` extension or mod~(ication thereof and in this mortgage, all such sums to be payable in lawful monep o( the United States of ! America at Mortgageds aforesaid principal o(fice, or at such other place as Mortgagee may designate in writing. ' 2. To pay NI1~R due, and without requiring any notice irom Nortgagee, all taxcs, asscss~ncnts ot any type or naturc and other charga le~•icY! or auessed against the pr~mises hereby encumbered ar any interest of ~iortqage therein. To immrdiately pay and discharge an~ claim, li~n or encumbrance against such premises which may be or become superior to this mortgage and to permit no default or delinquency on any other lien, encumbrance or charge against such premises. 3. If requirtd by \iortqagre, to also make monthly deposits with Mortgagee, in a rwn-interat bearirtg account, togeiher with and in addition to interest and principal, of a sum cqual to one-twelith ot the yrarly tax~s and assessments which may be levied acainst the premises, and (i( so requirec!) on~-t~?el(th of the ~•early premiu~ns for insurance thereon. The amount of such taxes, assessments and premiums, when unknown, shap be estimatcd by riortgagee. 5uch deposits shaU be used by Mortgagee to pay such taxes, assessments and prcmiums when du~. Any insufficicncy of such account to pay such charges whrn due shall be paid by Mortqaqor to 1lfortga,qee on dcmand. If, by reason of any drf~ult by Mortgaqor under any provision of this mort- gage, \fortqa~ee d~clares all sums secured hereby to be due and pa~able, Mortqagee may then apply any funds in said account against the entire indebtedneu secured hereby. The enforccability of the co~~enants nlating to taxes, asussments and insurance premiums herein otherwise pro~•ided shall not be affectnl except in so far as those obligations ha~•e been met by complianee with this paragraph. Afortqagee may from time to time at iu option wai~•e, and after any such wai~•er reinstate, any or all provisions hereof requiring such deposits, by notice to 111ortgaqor in writi~q. ~Yhile any such waiver is in e[(ect Mortgagor shall pay tazes. assessments and insurance prcmiums as herein eluwhere provided. ~ 4_ To pay all taxes, stamp tax or other charge which may be assesstd upon this inortgage, ot said note, or indebtedness secured hereby, N-ithout rcgard to any law, Federal or State, heretoiore on c~reafter enacted, imposing payment of aU or any ~ part th~rcof upon \fort¢aqce. In ever~t of enactment of any lax~ imposing payment of all or any portion of any such t~aa upon ~ ~tortgagee, or the rendering by any court o[ last resort of a decision that the undertaking by 1ldortgagor, as herein proeided, to ~ pay such tax or taxes is leqally inoprrati~e, then, u~less Mortgagor neeertheless pays such taxes, all sums f~ercby secured, without ' any deduction, shail at the option of Mortgagee become immediately due aad payable, notwithstanding anything contained herein ° or any law hcretofore or hereafter enacted. ~ 5.. To kecp the premisa iasured against loss or damage by fire, windstorm or extended coverage and such other hazards as ~ # i ; may be required by ~iortgagee, in (orm and amounts satisfactory to, and in insurance compania appro~ed by I?iortgagee, and with acceptable mort,qagee loss payable clauses attached. Such policies, together with such abstracts and other title e~~dence as may be required by Mortgagee, shall be deli~•ered to and held by Mortgagee without liability. Upon foreclosure of this mortgage or other acquisition of the premises or any part thereof by Mortgagee, said policiea, abstracts and title evidenct shaU become the % absolute property of 21~ort¢ag~e. ~ 6. To fint obtain the written consrnt of Mortgagee, such consent to be granted or withheld at the sole discretion oE such ; \iortgacee, before (a) r~moving or demolishing any building now or hereafter erected on the premises, (b) altering the anangr i ment, desi¢n or structural character thereof, (c) making any repairs which invol~~e the remo~•al of structural parts or the ~ exposure of the int~rior of such building to the elements, or (d) except for domestic purposes, eutting or r~moving or permittin.q ~ the cutting and r~mo~•al ot any trces or timber on the prcmisa. ~ 7. To maintain premises in good condition and repair, induding but not limited to the making of wch rcpain as Mortgagee ~ may from time to time determine to be necusary (or the praetvation of the premisa and to not commit nor permit any waste thereof. ` 8. To comply with all ]aws, ordinances, regulations, covenants, conditions and ratrictions affecting the premius, and not , to suffer or permit any violation thertof. ~ r 9. jf Mortga¢or (ails to pay any claim, lien or encumbrance which is superior to this mort¢age, or, when due, any taz or assessment or insurance premium, or to, keep the premiiea in rcpair, or shall commit or permit waste, or if there be commenced ~ any action or proceeding af(ecting the premises or the tide thereto, then Mortgagee, at its option, may pay said claim, lien, encum- ~ brance, tax, assessment or premium. with right of subrogation thereunder, may make such repain and take such steps as it deems ad~•isable to prevent or cure sueh waste, and may appear in any such action or p~oceeding and retain couesel thcrein, and take ~ such action therein as bfortgagee deems advisable, and for any oi said purposes Mortgagee may ad~ance such sums of money, ~ including all costs, fces and other items of expense as it deetns necessary. Mortgagee shall be the sole judge of the legality, f calidity and priority of any such claim, lien, encumbrance, tax, assessment and premium, and of the amount necessary to be paid in satisfaction thereoL Mortgagee sha11 not be heid accauntabie [or any delay in maicing aoy such payment, which delay may ~ result in any additional int~rat, cost, charges or eapenx otherwise. J0. ltort,qa¢or will pay to riortgagtt, immediatdy and without demand, aU sums of money advanctd by ~~ortqagee pursu- ant to this mortgage, together with interat on each such advancement at the rate of ten per cent. (10~c ) per annum, and all such sums and interest thereon shall be secured hereby. ; l l. All sums of money xcured hereby shall be payable without any relicf whatever (rom any valuation or appraiscment laws. # 12. I( d~(ault be made in ment of an ~ paY y instalment o[ principal o~ interest of said rate or any part thercof when due, or ~ in payment, when due of any other sum secured hercby, or in performance o( any o( Mortgagor's obligations, coreeants or agreements hereunder, all of the indebtedness securec! hereby shall become and be immediately due and payable at the option of ' Mortgagee, without notice or demand which are hereby exp~asly waived, in which e~ent Mortgagee may avail itseU o( all righb and r~media, at law or in equity, and this mortgage may be (oreclosed with all rights and rcmedia afforded by the laws of ~ Fbrida and Aiortgagor shall pay all costs, charges and expenses thereof, induding a reasonable attornej%~ (~e. ~ 6ooK 213 P~ 309 ~ ~ ~ - _ - - - - - -r:;~