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HomeMy WebLinkAbout0420 i TOGBTHER W1TH all aod tin;ular the tenements, heredituacnu and appurtenances the~cunto bebaaing o~ io anqwise the~eunto appertainins and the ~ents, inua and proCb thereol, aad abo all the atate, ~iaht. title, intuat and ap claim aod demand whatsoever~ as well in law as in equity, ot the ~aid Mo~aaor in and w the umt. indudins but not limited to: (a) AU rents. proGts, reve~ua. wyaltia, righq and beneGts derived f~om (1) cmps srown o~ said security and produce of the ~oil otherwise (2) oil, gas or minenl leases ot the preauses or any put thereo(, now euiting or hereinafter made, snd (3) all othu nat~ issua and 'profiq of the premiacs tmm time to time acuuing. whether under leases o~ tenancia now existing or hereafter ereated; in eac6 such cue with the right in the I?iortgagee, but only at its option, to receive and receipt theretor and to apply the same as it may elect to anr iadebtednw ucured hereby, and the Mortgagee, at its option, may demand, sue tor and recover any such payments, rescrving to the Mortgagor, however, so long as wid Mortgagor is not in de[ault hereunde~, the right to receive and ~etain such rents, issua and pmfits. ~ (b) AU judgme~ts, awards o[ damags and settlements hereatter made as a result o[ or in lieu ot any taking of the premisea or any part thereof under the power of eminent domain, or tor any damage (whether caused by such taking or otherwise) to the premises or the impmvemeaq thereon or any put thereof; such part o( any such judgment, award or uttlement, as the Mortgagee may dect to be applied to the indebtednas hereby secured and ihe balance thereof, i[ any, to be reserved to the party or partia otherwise entitled thereto. ~ TO NAVE AND TO HOLD the above granted and described premisa to the said Mortgagee, its succcsson and assigns, forever~ and the said Mortgagor does hereby fully wanant the title to said land, and will detend ihe same aga~nst the law[ul claims of all persons whomsoever; provided always that if Mortgagor shall pay to Mortgagee that ccrtain promissory note above described aad shatl pedorm all other covenants and conditions o[ said pmmissury note, a~ o[ any renewal, extension or modi- fication thereof, and ot this mortgage, then this mortgaqe and the atate hereby treated shall cease and be null and void. ~ Mortgagor further covenants and agrees with Mortgagee as follows: j 1. To pay all sums includi~g interest secured hereby when due, as provided [or in said promissory note and any renewal, * , extension o~ mod~tication thereof and in thu mortgage, aU iuch sums to be pa~able in lawful money of the United States of j i America. at I~fortgagee's aforcsaid principal of~ce, or at such other place as Mortgagee may designate in writing_ 2. To pay when due, and without ~equiring a~y notice (rom Mortgagee, all taxes, auessments of any type or naturc and oth~r charga leried or assessed against the premisa hercby encumbered or any interat of \tortgage therein. To immcdiately pay and discharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and to permit no detault or delinquency on any other lien, encumbrance ar charge against such premises. 3_ If rcquir~d by 111ortgagce, to also make monthly deposiq with Mortgagee, in a non-intemt b~aring account, together with and in addition to int~rest and principal, of a sum equal to one-twelfth o[ the yearly taua and asseuments which may be le~led against the prcmises, and (i[ so requiced) one-twelfth of the yearly premiums for insurance there~on. The amount of such taxes, assessments and premiums, when unknown, shall be estimatecl by I?fortgagee. Such deposiu shall be used by Mortgagee to pay such taxes, assessments and premiums when due. Any insu(ficiency of such account to pay such charges when due shall be paid by 1lfortgagor to biortgagee on demand. If, by reason of any default by Mortgagor under any provision of this mort- gage, I?iortgagee declares aU sums secured hereby to be due and payable, Mortgagee may then apply any funds in said account against the entire indebtedness secured hereby. The enforceability oi the covenants relating to taxa, assessments and insurance premiums hercin othervrix pro~•ided shall not be a(fected exc,ept in so far as thoae obligations have been met by compliance with . this paragraph. 1?tortgagee may (rom tim~ to time at its option waive, and after any such waiver reinstate, any or all provisions hereof requiring such deposits, by notice to I?fortgagor in writing. \Yhile any such waiver is in effect Mortgagor shall pay taues, auessments and insurance premiums as herein elsewhere providcd. 4. To pay all taxcs, stamp tax or other charge which may be assessed upon this mortgage, or said notq or indebtedness securcd hereby, without regard to any law, Federal or State, heretoforc or hereafter enacted, imposing payment of all or any part thereof upon 1liorigagee. 1n rvent ot enactment of any law imposing payment of all or any portion of any such taxes upon Mortgagee, or the rendering by any court of last resort of a decision that the undertating by Mortgagor, as herein provided, to { pay such tax or taxes is legaUy inoperative, then, unless Mortgagor nevertheless pays mch taxes, all sums hereby secured, without '4 any deduction, shall at the option of Mortgagee bccome immediately due and payable, notwithstanding anything contained her~in I or any law herctotore or hereafter enacted. I S. To keep the premises insured against loss or damage by fin, windstorm or extended coverage and such other hazards as may be required by Mortgagee, in form and amounts satisfactory to, and in insurance companies approved by 1liortgagee, and with ~ acceptable mortqagee loss payable clauses attached. Such policia, together with such abstracts and other title evidence as may ~ ~ be required by biortgagee, shall be delivered to and held by Mortgagee without liability. Upon foreclosure of thu mortgage or ~other acquisition of the premises or any part thereoi by Mortgagce; said policies, abstracts and title evidence shall become the r abwlute pioperty of 1lfortgagee. ~ 6_ To Cnt obtain the written consent Of Mortgagee, such consent to be granted or withheld at the sole discretion of such biortgaqce, before (a) removing or demolishing any building now or hereafter erected on the premixs, (b) altering the amange- ment, desi¢n or structural character thereof, (e) making any repain which involve the removal ot structural parts or the exposure of the interior of such building to the elements, or (d) ezcept for domestic purposes, cutting or removing or permitting the cutting and removal o[ any tms or timber on the premises. 7_ To maintain premises in good condition and repair, including but not Gmited to the making of such rcpain as Mortgagee may from time to time determine to be necessary for the preservation of the premises and to not rnmmit nor permit any waste thereof. 8. To comply with all laws, ordinances, regulations, covenanu, conditions and ratrictions af(ecting the premises, and not to suf(er or permit any violateon thereof. 9. If Mortgagor Eails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tas or assessment or insurance premium, or to l~eep the premises in repair, or shall commit or permit waste, or if there be commenced any action or proteeding af(ecting-the premises or the title thereto, then Mortgagee, at its option, may pay said daim, lien, encum- brance, tax, assessment or premium, with right o[ subrogation thereunder, may make such repairs and tate 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 tate such action therein as biongagee deems advisable, and for any of said purposes Mortgagee may ad~ance such sums of money, including all costs, fea and other items of expense as it deems necessary. Mortgagee shall be the sole judge of the legality, ealidity and ptiiority of any such claim, lien, encumbrance, tax, assessment and premium, and of the amount necessary to be paid ~ in satisfaction thercof. Mortgagee shall not be held accountable [or any delay in making any such payment, which delay may result in any additional interest, cost, chazga or expense otherwise. 10. 1liortga¢or will pay to I?iortgagee, immediately and without demand, all sums of money advanced by biortga~ee pursu- ant to this mortgage, together with interest on each such advancement at the rate of ten per cent. ( l Or/o ) per annum, and all , such sums and interest thereon shall be secured hereby. 1 I. All sums of money secured hereby shal~ be payable without any relief whatever from any valuation or appraisement laws_ 12. If d~fault be made in payment Qf any instalment of principal or interest o( said note or any part therrnf when due, or in payment, when due of any other sum secured hereby, or in pedormance of any of Mortgagor's obligations, covenanb or agreements hereunder, all ot the indebtedness secured hereby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby ezpressly waived, in which event Mottgagee may avail itsel( of all rights and remedies, at law or in equity, and this mortgage may be (oreclosed with all righb and rcmedies afforded by the laws of Florida and Mortgagor sha~ pay all costs, charges and ezpenses thereof, including a reasonable attorney's fee. ~9CK~~~ ~CE