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HomeMy WebLinkAbout2089 ~ ~ ~ ! . j 1'O(`ETNER W1TH all and ansulu the trnemeats. Serrdiwaents and appurtenancea thercunw beloaaing o~ in anywise ~ thereunw appertainins and the rcats, itsua and pr~q thereot. aad abo aU the eaute, riaht. title, iatuest and aU claim and demand w6atroevK. as weA ia law as ia equiqr~ ot the :aid Mo~a~ ia and to tl?e wme, includiaa but aot limited to: (a) All rents. pm(its, reveaua, ropaltia. riahts aad bai~ts derived [wm ( t) csops srown on uid security and produce oI the soil ot6crwise (2) oil. ~s or mineral kasa ot the premisa or anr part thereof, nov+ existina o~ hereina(ter made, a~d (3) all other rents, iswa and profiq oE the premisa from time w time accruina. whethcr under leaxs o~ tenancies now acistina w hereafter created; ia tul~ such ca~e with the right in the Mortsaaee, but only at ita optioa, w reccive and receipt there(or and to apptp the same as it mar dect to anr indebtednest mured herebp. wd the Mortgaaee, at its option, may demand, sue fa~ and recover any such paymeab, reservina to the Mortaaaor. lawever. so bna u nid Mo~ast?r is not in detault herrunder, the rig6t to receivr and retain such rents. issua a~d proGts. (b) AU judgments, awards of damaga and settlements hereafter made as a result ot or in lieu of any taking o[ the premises or any put thereot _under the pown o( eminmt domain, or to~ a~r da,aage (w6ether caused by such taking or otherwise) to ehe premises or the improa~emrnts thereon or any part thereo[; such part ot any such judgment, award or settlemet?t, as the Mortgagee may dec~ to be applied to the indebtedaw h~reby secured and the balance thereof, if any, to be reserved to the partr or partia ot6erwise entitled thereto. TO HAVE AND TO NOLD the above aranted and dc~scribed premises to the said 1?iortgagee, its suceeswrs and assigns, tore~~er, md the uid Mortgagor does hcreby (uUy warrant the title to said land, and wiq deiend the same against the lawful daims of aU penons whomsoever; provided alwaps that if Mortgagor shaU pay to Mortgagee that certain promissory note above ~ described and s6all pedonn aU other cmenantt and rnnditions of said promiswry note, a~d of any renew-a1, eatension o~ modi- fication thercof, and of thu mortgage, thrn this mortgage and the estate hercby created shaA cease and be null ar~d void. " . Mortgago~ further covenants and agrees with Mortgagee as toqows: ~ ~ 1. To pay all sums induding interest xcund hereby when due, as provided tor in said promissory note and any renewal, ~xtension or mocli~cation thereof and i~ thu mortgage, all such sums to be payable in law(ul money of the Unitrd Stata of y ~ America at Mortgagee's aforesaid principal o[fice, or at such other place as 1liortgagee may designate in writing. ~ 2. To pay when due, and without requiring any notice from 1ltortgagee, all taxes, assessments of any type or nature and other charg~s !n•ied or assessed against the premises hereby encumbered or any interat of ~fortgage therein. To immediat~ly pay and discharge any claim, lien or encumbrance against such prcmises which may be or become superior to this mortgage and to permit no default or delinquency on any other lien, e~cumbrance or charge against such premises_ 3. I[ requircd by ~iortgagee, to also make monthly deposiu with Mortgagee, in a non-interest txaring account, together with and in addition to interest and princiµ?1, o( a sum equal to one-twdlth of the yearly taxes and assessmenu which may be le~~ed against the premises, and (i( so required) on~-twetfth o( the y~arly premiurns for insurance thereon. T6e amount of such taaes, assessmenu and premiums, whrn unknown, shall be estimated by 1liortgagee. Such deposiu•shall be uscd by Mortgagee to pay such taxa, assesunents and premiums whrn due. A~y insuffciency o( such account to pay such charges when due shall ' be paid by 1liortgagor to Mortgagee on demand. If, by reason of any detault by I?fortgagor under any prmtision of this mort- gag~, 1liongagee d~clares all sums secured hereby to be due and payable, 1lfortgagee may then apply any funds in said account against the entire indebtedness secured hereby. The ertforc~ability o( the co~-enants relating to tazes, assessmenu and insurance premiums herein otherwise proa•idcK! shal) not be affected e:cept in so far as those obli,qations hare been met by compliance with this paragraph. 1lfort~agee may from time to time at its option wai«, and after anp such waiver reinstate, anp or all provisions herco[ requiring such d~posits, by notice to Mortgago~ in writin,q_ ~Vhile any such waiver is in e((ect ~lortgagor shall pay taaa. assessments ar~d iraurance premiums as herein elsewhere pro~ided. 4. To pay all taxa, stamp tau or oth~r charge which may be assesud upon this mongage, ot said note, o~ indebted~ess secured hereby, without reganl to any law, Federal or State, hentofore or hereafter rnacted, imposing paymrnt of al! or any part thereof upon Mortgagee. In event of enactmrnt o( any law imposing parment of all or any portion of any such taats upon Mortgagee, or the rendering by any court o[ last rcsort of a decuion that the undertal~ing by 1liortgagor, as herein pro~ided, to pay such tax or ta~ces is leqaUy inoperative, t6en, unless 1liongagor nea~erthdw pays such taxes, all sums hercby secured, without ' any deduction, shall at the option of Mortgagee become immediatdy due and payaWe. notwithstanding anything contained herein i or any law hereto[ore or hveaft~r enacted. ' ; 5. To keep the premises insurcd agaiast bss or damage bq fire, windstorm or rxtended coverage and such other hazards as j may be required by ~tongagee, in form and amounts satisfutory to, and in insurance companies approa-ed by 1liortgagee, and with ~ ; ~ acceptable mortgagee 1oss payable clausu attached. Such polides, together vrit6 such abstracts and other tide e~~idence as may 1 ~ be rcquired by Mortgagee, shal! be deliaered to and held b~ Mortgagee without liabilitp_ Upon (oreclosure of thu mortgage or ; other acqu~sition of the prem~ses or any part thercof bp Mortgastt, said policies, abstracb and title evidence shall become th~ ~ ~ absolute prop~rty of l~iortqagce. ~ ~ 6. To first obtain the ~,rritten consent of Mongagee, such consent to be granted or withheW at t!?e sole discrction oE such ~fortgacee, betore (al removing or demolishing any building now or hereafter erected on the prm~ises, (b) altering the arranqe- ment, desien or structura! character thercof. (e) making anr ~epain which im~olve the re~nmal o[ structural parts or the exposure of the int~rior of such building to the elements, or (d) ezcept for domatic purposes, cutting or removing or permitting the cutting and r~mo~•al ot any trres or timber on the premisu_ 7_ To maintain premises in good condition and repair, including but not limited to the making of such repain as Mortgagee may from time to time determine to be necessary for t6e preiervation of the pranises and to not mcnmit nor permit any waste thvcof. 8_ To comply with all laws, ordinances, regulations, co~enanu. conditions and restrictions affecting the premises, and not to su(fer or permit any violation thercof. 9. If Mortgagor fails to pay anr claim, 6en or mcumbrance which is suxrior to thes mortgage. or, whrn due, any taz or assessm~nt or insurance premium, or to keep the premises in repair, or shall coma?it or permit waste, or if there be commenced any action or procnding affectir~q the premisa or the tide thereto, then Mortgagee. at its option, may pay said claim, lirn, encum- brance, tax, assessm~nt or premium, with right ot subrogation thereunder, may make such repaia and take wch steps as it deems ~ ad~•isable to prevent or cure such waste, and may appeu in an~ suc6 action or proceeding and retain counsel therein, and take such action therein as biortgagee deems ad~isaWe, and for any of said purposes 1liortgagee may ad~ance such sums of monry, ~ including all costs. fees and other itans of ezpense as it deems neces~ary. Mortgagee shaU~be the sole judge of the legality, ~ ~ ~•alidity and priority of any such cLvm, lirn, encumbrance, ta:, assessment and pcemium, and of the amount necessary to be paid ~ in satisfaction th~reo(. Mortgagee shall not be held account~b]e tor any delay in making any such payment, which d~lay may result in any additional interest, cost, charga or acpenx otherwise. ~ 10. Mortgaqor will pay to 111ortgagee, immediatdy and without dcmand, all sums of monty advanced by \iortqa¢~e pursu- ant to this mortga¢e, together with interest on each such advancement at the nte of ten per cent_ ( lOr/~ ) per annum, and all such sums and inter~st th~reon shall be secured hcreby. 1 l. All sums of money secured herebp shall be payable without any rclid whatever from any valuation or appraisement laws. 12. If d~(ault b~ made in paymrnt of anr instalmrnt of principal or intnat oi said mte or an~ part thereof whrn due, or ~ in papmrnt, when due o( any other sum secured 6erebr, or in performance o( any of Mortgasor s obliaations, covenanb or ~ agreeerKnts hereundn, all o( the indebtednes~ secured berebr shall become and be immediately due and pa~abk at the option o( ~ Mortgasee, without notic~ or d~mand Mrhic6 ue 6erebr e~prerslr waived, in r+hich evrnt Mon6a6ee mar avail itseU of all rights and remedies, at law or in equity, and this rtx.rt~aRe mar be forccbsed vrith all riqhu and mnedies atlorded bp the IaMrs of tlorida and Mort~a6or s6all par all costs. chuges and Kpecues thneo(. includin6 a rcasonabte attorner's fce. ~ r~L, - ~ ~ 213 20?~6 - , - ~ _ -