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HomeMy WebLinkAbout0247 TOGBTHER W1TH all aod ainaulu ~he tenemenq, hereditamenq and appu~tenances the~runto bebaaing or in anywise the~eunto sppettainina aad the re~u. iuua and protia thereot. aad abo all the atate, right~ title, intuat and aU claim and demand whatsoever, as weU in law at ia equiq~ o( the uid Mortaagos in u?d to the :ame, indudina but not limited to: (a) A11 _rents, profib, revcnua. copaltia, righu and bendits derived twm (1) crops srown on uid ~ecurity and produce o( the soil othetwis~ (2) oil, su o~ mineral kua o[ the pnmiaa oc anr part thereo(, now euisting or hereina(ter made, and (3) all other roats. issua and 'pwiib ot the ptrmises from tinte to time ucnuns. whethe~ unde~ leases or tenancia now existing or hereafter created; tin euh :ucb case with the riaht in the Mongagee, but only at ib option, to receive and receipt theretor and to apply the same at it may elect to any iadebtedaess secured ~ercbp. and the Mo~tgagee, at its option, may demand, sue tor and recover any tuch paym~nts, raerving w ehe Mortgagor. however. so bng as said Mortgagor is not in default hercunder, the right to receive and ntain ~uch rents, issua and proGts. (b) AU judgments, awards of damaaa and settlements hereatter made as a result of or in lieu ot a~y tating o[ the premises or any put thereo( unde~ the power ot eminent domain, or (or any damage (whether caused by such taking or othe~,riu) to the premises or the impmvemenn thenon or aar part thereof; such part of any such judgment, award or setdement, u the Mortgagee may elect to be applied to t6e indebtednas hereby secured and the balance thereof, if any, to be rexrved to the puty or pania otherwise entitled thereto. TO HAVE AND TO HOLD the above granted and described premises to the said Mortgage~; its succeuors and assibms, (orever, and the said Mortgagor does hereby fully warrant the title to said land, and will defend the same agaenst the lawful claims ot all penons whomsoever; provided always that if Mortgagor shall pay to Mortgagee that certain promissory note abo~•e ~ dacribed and shaU per[orm all other co~~enants and conditions oI said pwmissory note, and of any renewal, extension o~ modi- ' tication thereof, and of this mortgage, then this mortgage and the estate hereby crwted shall cease and be null aad void. ~ Mortgagor further covenants and agrccs with Mortgagee as foUoMn: ~ 1. To pay all sutas including interat secured hereby when due, as provided for in said promissbry note and any renewal, extcnsion or modi(ication thercof and in this mortgage. all such sums to be payable in lawful money of the United States of America at Mortgagee s aforesaid principal ofCce, or at such other place as Mortgagee may daignate in writing. - 2. To pay when due, and witl~out requiring any notice from Mortgagee, all tues, assessments o( any type o~ naturc and other charges le~~ied or ~ssessed against the premises hereby encumbered or any inter~st o[ Mortgage thercin. To immediately pay and discharge any claim, lien or encumbrance against such prrmises 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 required by I?iortgagee, to also make monthly depoaits with Mortgagee, in a non-interest bearing account, together with and in addition to interest and principal, of a sum equal to one-twel[th of the yearly taxa and assessments which may be levied against the pnmises, and (if so required) one-tweUth oi the yearly premiums for insurance thereon. The amount of such taxes, assesunenu and premiums, when unlcnown, shall be estimated by I?fortgagce. Such deposits shall be used by Mortgagee . to pay such taxa, assessments and prcmiums when due. Any insutficiency of such account to pay such charga when due shall be paid by Mortgagor to I?iortgagte on demand. If, by reason of any default by Mortgagor under any provuion of this mort- gage, 1liortgagee declares all sums secured hercby to be due and payablc, Mortgagee may then apply any funds in said account against the entire indebtcdness secured hereby. The enforceability of the co~•enants rclating to taxes, assestments and insurance premiums hercin otherwise provided shall not be affected except in so iar as those obligations have been_ met by compliance with this paragraph. I?iortqagee may from time to time at its option waive, and atter any such waiver reinstate, any or all provisions hereof requiring such dcposits, by notice to Mortgagor in writing. While any such waiver is in effect Mortgagor shall pay taxes, - auessmenu and insurance premiums as herein elsewhere provided. 4. 'fo pay all taxes, stamp tax or other charge which may be assessed upon t}iis mortgage, or said note, or indebtedness secured hereby, without regard to any law, Fed~ral or State, heretofore or hereafter enacted, imposing paymrnt ot al! or any part thereo( upon E~ortgagee. In event of enactment of any law imposing payment o[ all or any ponion of any such taxes upon Mortgagce, or the rendering by any court of latt resort of a decision that the undertaking by Mortgagor, as henin pro~~ded, to pay such tax or taxes is legally inoperative, then, unless Mortgagor nevertheless pays such taxes, all surtu her~by securcd, without any deduction, shall at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein i or a~y law heretofore or her~after enacted. 5. To keep the premises insured against loas or damage by Gre, windstorm or extended coverage and such other hazards as ~ ~ may be rcquired by Mortgagee, in form and amounu satisfactory to, and in insurance companies approved by Mortgagee, and with ~ acceptable mortgagee loss payable clauses attached. Such policies, together with such abatracts and other tide evidence as may be required by Mortgagec, shall be delivered to and held by Mortgagee without liability. Upon forcclosure of this mortgage or ~ ~ ~ other acquisition ot the premises or any part thercof by Mortgagee, said policies, abstracb and title evidence shall become the v ~ absolutt property of 111ortgagce. , ~ ~ 6. To Gnt obtain the written consent of Mortgagee, such rnnsent to be granted or withheld at the wle discrction of such MortgaQee, before (a) rcmoving or demoiishing any building now or hereafter erected on the premises, (b) altering the arrangr ment, design or structural chartrter thereof, (e) making any repain which inwlve the removal of structural parts or the exposure o[ the interior of :uch building to the elementt, or (d) except for domestic purposes, cutting or removing or permitting the cutting and removal of any trea or timber on the prcmises. 7_ To maintain premues in good condition and npair, including but not limited to the making of such rcpain as Mortgagee may (rom time to time determine to be necessary for the praervation of t6e premiaes and to not commit nor permit any waste thereof. 8. To comply with all lawY, ordinances, rcgulations, covenants, conditions and ratrictions affecting the premises, and not to suffer or permit any via.'.itio~ thereof. 9. If Mortgagor fails to pay any claim, liea or rncumbrance which is superior to this mortgage, or, when due, any tax or auessment or insurance pnmium, or to keep the premises in repair, or shall commit or permit waste, or if there be commenced any action or proceeding affecting the premises or the tide tttereto, then Mortgagee, at itr option, may pay said claim, lien, encum- brance, tax, asseument or premium, with right of subrogation thereunder, may make such npairs and take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel thenin, and take such action therein as Mortgagee deems advisable, and for any of said purposes Mortgagee may advance such sums of awney, ~ including all costs, fees and other items of expense u it deems necesury. Mortgagee shall be the sole judge of the legality, ~ ~•alidity and priority of any such claim, lien, encumbrance, tax, assasment and prcmium, and of the amount necessary to be paid 1 in satisfaction thereo(. Mortgagee shall not be held accountable [ot any delay in making any such payment, which defay may ! result in any additional interat, cost, charges or upenx otherwise. ~j ~ 10. Mortgagor will pay to 111ortgagee, immediately and without demand, all sums oE money advanced by Mortgagee punu- t 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 k such sums and interest thereon shall be secured hereby. 11. All sums o[ money secured hereby shall be payable vrithout any relid w6atever from any valuation or appraisement laws. 12. I( default be made in paymrnt of any instalment of principal or interat of said note or any part ~i~ereof when due, or in payment, whrn due o( any other sum aecured hereby, or in performance of any of Mortgagor's obligations, covenants or agreements hereunder, all o( the indebeednas secured henby shaU become and be immediately due and payable at the option of Mortgagte, without notice or demand which are hereby acpressly waived, in which event Mortgagee may avail itseff o( aq rights and remedies. at law or in equity, and this mortgage may be foreclosed with all righb and remedies af[orded by the laws of Floridc and Mortgagor shall pay all costs, charga and acpenxs thercof, including a reaaonable attorne~s (ee. aooK 2~4 Fac~ 2~~ ~ ~ _ - _ ~E ~ - ~ ~ ~ = x~ ~ ~ ~ ; • . ~ „ 'v^ ~ - • " _ y-~', .-~'~^`f_. . _ _ , ~"'-r ~'~w ~i ' . - - " . '