Loading...
HomeMy WebLinkAbout1814 ~i TUCr6THEIl W1TH a!1 and unaular ehe tenemenb, hereditamenb and appurtenanca thercunto bebaging or in anywix i the~cunto sppe~tainina and the renb. istuq and pcofib thereof, aad alw all the atate, tiaht. titk~ inte~at and aU claim and reo ~ demand whaboe.wer, ss weU w law a~ in equitp~ ot tl?e iaid Mo~csagor i~ snd w che same, indudina but oot limited to: ' (a) AU rentt, profiq. revenues. ropaldes, rights and benefits derived irom (1) cmp~ srown o~ uid ~ecurity and produce i of the ~oil otl~erwise (2) al. sas o~ minen! lea~es oi tAe premises or any part thereo(~ now existen~ or heninafter made. and (3) a11 oth~t'renu. issua and 'prorq oi thc premises from time to time accruing, w6ether under leases o~ tenancies now existing or hereaiter ereated; iu each tuch case with the right in the Mortsagee. but only at ib option, to receive and receipt theretor and to apply the same as it may'elxt to any indcbtednas secured hereby. and the Mortgaaee, at its optian, may demand, sue tor and recover any such payments. reservins to the Mortaagor~ however~ so bnb as said Mortgagor is not in deJault henunde~, the rigbt to receive and retain such rent~„ issua and pro[its. i 1 (b) All judgments, awards of damaga and xttlemenu hereafter made as a result o[ o~ in lieu ot any taking of the premise.s ot any part tAereot under tlie powe~ of eminent domain, or tor any damage (whether caused by such taking or otherwise) to the premius or the improvements thereon or any part thereof; such part of any auch judgment, award o~ uttlement, as the Mortgagee may elect to be applied. to the indebtedaas hereby secured and tht balance thereof, if any, to be reserved to the party or partia otherwise entitled thereto. TO HAVE AND TO HOLD tt?e above granted and described premisa to the said I?tortgagee, its successors and assigns, forevcr~ and the said Mottgagor doa hereby fuUy warrant the title to said land, and will defend the same aga~nst the lawiul claims of all ptrsons whomsorver; provided always that i! Mortgagor shall pay to Mortgagee that ce~tain prnmissory note above described a~d shaU p~rform all other rnvenants and conditions of said promissory note, and of any rencwal, extension or modi- (ication thereof, and of this mortgage, then this mortgage and the atate hercby created aha4 c~ase and be null and void. Mongagor turther covenants and agrees with Mortgagee as follows: 1 1. To pay a11 :ums including interat securcd hercby when due, as provided tor in said promissory note and any renewal, ` . extension or modification thereot and in this mortgage, all such sutns to be payable in law(ul money oi the United States of j ! \ America at Mortgagee's atoresaid principal office, or at such other place as Mongagee may designate in writing. { ~ 2. To pay when due, and without requiring any ~otice from Mortgagee, ali taxes, asseuments of any type or aature ~ ~ and other charges le~ied or assessed against the premixs henby encumberetl or any interest o[ Mortgage therein. To immcdiately ~ pay and dischatge any claim, lien or encumbrance against such prcmises which may be or become superior to this mortgage and to permit ~o default or delinquency on any other lien, ertcumbrance or charge against such premiscs. ~ 3. I[ tequired by 1ltortgagee, to also make •monthly deposits with Mortgagee, in a non-interest beariog account, togrther with and in addition to interest and principal, of a sum equal to one-twei[th ot the yearly taxes and assessments which may be let~ed against the premisa, a~d (if so reqaired) one-twclfth o( the yearly pnmiums for insurance thereon. The amount of such taxes, asscssments and premiums, whee unknown, shal! be estimatcd by 111ortgaget_ Such deposits shall be used by Mottgagee to pay such taxa, assessments and premiums when due. Any insu(ficiency of such account to pay such charges when due shaU be paid by I?tortgagor to Mortgagee on demand. If, by reason of any default by Mortgagor under any provision of this mort- gage, Mortgagee dcrlares all sums securcd hrreby to be due and payable, Mortgagee may then apply any funds in said acrnunt against the entire indebtedness secured hereby. The enforceability of the covenants rclating to taxes, asseasmenu and insurance premiums herein oth~rwuc pro~•ided shaq not be affected except in so far as those obligations have bcrn met by comptiance with this paragraph. lliortgagee may from time to time at its option waive, and after any such waiver reinstate, any or all provisions hercol rcquiring such deposits, by notiee to Mortqagor in writing. While any such waiver is in ef(ect Mortgagor shall pay taxes. assessments and insurance premiums as herein elsewhere provided. 4. To pay all taxa, stamp tax or other charge which may be ass~ssed upon this mortgage, or said note, or indebtedness secured hercby, without regard to any law, Federal or State, heretofore or 6ereafter enacted, imposing payment of ali or any part thereof upon tifortgagee. In event oi enactment of any law imposing payment of all or any portion o! any such taxes upon Mortgagee, or the rendering by any court of last resort of a decision that the undertaking by Mortgagor, as herein pro~~ded, to pay such tax or taxes is legally inoperative, then, unless Mortgagor nevertheless pays such taxes, all sums hercby secured, without any deduction, shaU at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein or any !aw hcretofore or her~after enacted_ 5. To keep the premises insured against loss or damage by fire, windstorm or extertded coveragt and such other hazards as " may be required by :4fortgagee, in form and amounts satisfactory to, and in insurance companies approved by 11Sortgagee, and with acceptable mortqagee loss payable clauus attached. Such policies, together with suc6 abstracts and other title evidence as may ~ r be required by Mortgagee, shall be delivered to and held by Mortgagee without liability. Upon fomclosure of this mortgage or other acquisition of the premises or any part thereof by Mortgagee, saed policia, abstracb and title evidence shall become the absolute property of 1ltortgagee. ~ ` 6. To fint obtain the written conxnt of Mortgagee, such consent to be granted or withheld at the sole discretion oI'such riortgaqee, before (a) remo~ing or demolishing any building now or hereafter erectcd on the premisa, (b) altering the arrange- ment, desien or structural character thereof, (e) making any repain which involve the removal o[ structural parts or the exposure of the int~rior of such bwiding to the elements, or (d) except for domestic purposes, cutting or removing or permitting the ~ rutting and rrmoval of any treu or timber on the pnmises. 7. To maintain premua in good condition and repair, including but not Gmited to the making of such repain as Mortgagee ( may from time to time det~rmine to be necessary for the praervation of the premises and to not coaunit nor permit any waste thereof. 8. To comply with all laws, ordinances, regulations, covenanb, conditions and restrictions af(ecting the premisa, atnd not to sufter or permit any violation thereof. 9. If Mortgagor fails to pay any elaim, lien or ~ncumbrance which is superior to thu mortgage, or, when due, any tau or assessm~nt or insurance premium, or to lceep the premisa in repair, or shal) commit or permit waste, or if there be commenced any action or proce~ding affecting the premise~ or the title thereto, then Mortgagee, at its option, may pay said claim, litn, encum- brance, tax, assessment or premium, wit6 right of subrogation thereunder, may make such repain and take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action or ptoceeding and retain counsel therein, and tai~e such action therein as Mongagee deems advisable, and for any of said purposp Mortgagee may advance such sums of money, ' including all cosu, fees and other items of expense as it deems necessary_ Mortgagee shall be the sole judge of the legality, ~ ~•alidity and priority of any such claim, lien, encumbrance, tarz, asausmcnt and premium, and of the amount necessary to be paid i in satisfaction thereof. Mortgagee ~all not be held accountable for any delay in mating a~y such payment, which delay may E t resuit in any additional interat, cost, charga or expense otherwix. 10. Mortga¢or will pay to hfortgagce, immediately and without demand, a11 sums of money advanced by ~fortgagee pursu- ant to this mortgage, togethcr with interest on each :uch advanctmrnt at the rate of trn per cent. (10°Jc) per annum, and all such sums ahd interest thercon shall be secured hereby. ~ 11. All sums of money ucured hcreby shall be payable without any relief whatever from any valuation or appraisement laws. 12. If de(ault be made in payment of any instalment of principal or interest of said note or any part thercof when due, or in payment, when due of any other sum xcured hereby, or in perEormance of any of Mortgagor's obligations, covenanb or agreements hereunder, all o( the indebtednas secured hercby shall become and be immediately due and payable at the option of Mortgagee, without notice or dema~d which are hereby acpresily waived, in which event Mortgagee may avail itsel! of all righb and remedies, at law or in equity, and this mortgage may be torecloscd with all righa and remcdia aitorded by the laws of Florida and Mortgagor shav pay all cosu, charga and expenses thereof, including a reasonable attorneys fee_ ~ aooK 2i3 ~811 ~ ~ ~ ~ ~ ~o~K 213 420 ~ ~ ~T.~. `~k ~ ~ ~ : ~ •,5 _ _