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HomeMy WebLinkAbout0395 7~OGBTHSR W1TH all and ungulu the tenements. heredituaents and appunenanca the~cunto lxbnaing or in anywise thereunto appertainina and the rcnts, issua and profiu thercot. and also all the aute. riaht, title, inte~at and ap claim and demand wbatsoever~ as weU in law as in equitp. ot tbe said Mo~tgagor in and to the ume, includina but not limited to: (a) I?A renu. pcoCb. revenua. royaltia, righti and benetits derived trom (1) crops arown on ~aid securiqr and produce o[ the soil otherwise (2) oil, sas o~ mineral leases of the p~emisa or any put thereot. now exi:ting or hereinattet made. and (9) aU otha reuts, iuua and 'protiu of the premises irom time to time accruing, whethe~ unde~ leases or tenancies now e:isting o~ hereafter enated; in each :uch case with ehe ria6t in the Mongagee. but only at its option, to receive and ~eceipt thercto~ and to apply the same u it may elect to any indebtednas securcd henby, and the Mortgagee, at its option, may demand, sue tor and recove~ any such payments, raervina to the Mortgagor. howeve~, so long as said Mortgagor i~ not in default hereunder, the right to receive and retain such rents, iuua and pm6ts. (b) All judgments, awards ot damages and settlements hereatter made as a rault of or in lieu of any taking ot the premises or any part the~eo( unde~ the powe~ of eminent domain, or !or any d~mage (whether caused by such taking or otherwise) to the premises or the improvcmenb thereon or any put thereof ; such part of any suc6 judgment, award or settleme~t, as the Mortgagee may elect to be applied to the indebtedness hereby secured and the balance thereof, i( any, to be reserved to the party or parties otherwise entided t eto_ TO HAVB AND TO HOL~the above granted and described premisa to the said I?tortgagee, its successors and assigns, torn~er, and the said Mortgagor does hertby fuqr warrant the title to said land, and will defend . the same against the law[ul claims of aU persons whomsoever; provided always that if Mortgagor shal! pay to Mortgagee that c~rtain promiuory note above described and shaU perform all other rnve~ants and conditions of said pmmissory note, and of any renewal, extensi~n or ~nodi- fication thereof, and of this mortgage, then this mortgage and the atate hercby creatcd shall cease and be null and void. I~iongagor further covenanb and agreea with I?iortgagee as follows: 1. To pay aU sums including interest securcd hereby when due, as pmvidcd (or in said promiuory note and any nnewal, extension or moditication the~cof and in this mortgage, all such sums to be payable in lawful money of the United Stata of America at Mortgagee s afor~said principa) ofrce, or at such other place as Mortgagee may designate in writing. 2. To pa; when due, and without requiring any notice from Mortgagee, all taxes, assessments of any type or nature and other charges le~~ied or assessed against the premisa hereby encumbered or any interest of Mortgage thercin. To immediately ~ pay and discharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and ! to permit no de(ault or delinquency on any other lien, encumbrance or charge against such prcmises. 3. If required by I~iortgagee, to also make monthly deposits with Mortgagee, in a non•interest bearing account, together i with and in addition to interat and priacipal, of a sum equal to one-t~velfth of tF.e yearly taxes and assessments which tnay be ~ le~~ed against the premises, and (if so required) on~-twelfth oi the yearly premiums tor i:uurance thereon. The amount of such ~ taxes, asuuments and pnmiuns, when unknown, shal! bc ~stimated by Afortgagee. Such deposits shall be used by Mortgagee to pay such taxa, asszuments and premiums when due. Any insutficiency of such account to pay such eharga when due shall ~ ~ be paid by Iliortgagor to I?tortgagee on demand. I(, by reason of any default by 11~ortgagor under any provision of this mort- ! ~ gage, 111ortgag~e declares all sums secured hereby to be due and payable, Mortgagee may then apply any funds in said account T against the entire indebtcdness secured henby. The enforceability o( the covenants nlating to taues, assessments and insurance i premiums herein otherwise prw•ided shall not be attected except in so far as those obligatiorts ha~•e been met by compliance with ~ this paragraph. Mortgagee may from time to tim~ at its option wai~•e, and after any such waiver reinstate, any or all provisions hereof requiring such deposits, by notice to Mortgagor in writing. ~Vhile any such waiver is in effect Mortgagor shall pay taxes, assessments and insurance premiums as herein elsewhere provided. 4. To pay all taxes, stamp tax or other charge which may be asseued upon this mortgage, or slid note, or indebtedness secured hereby, without regard to any law, Federal or State, herctofore or hereafter enacted, imposing payment of all or any part thereof upon 1liortgagee. In event of enactment of an~ law imposing payment of all or any portion of any such taxes npon Mortgagce, or the rendering by any court of last resort of a decision that the undertaking by Mort~agor, as herein pro~~ded, to . pay such tax or taxes is legally inoperative, then, unlas Mortgagor neverthdas pays such taxu, all sums hereby ucured, without any deduction, shall at the option of Mortgagee become immediately due and payaWe, notwithstanding anything contained herein ~ or any law hereto[ore or her~after enactcd. • . i 5. To keep the premises insured against loss or damage by fire, windstorm or actended coverage and such other hazards as may be required by 4iortgagee, in form and amounts satisfactory to, and in insurance companies approved by I?sortgagee, and with ~ acceptable mortSaqec loss payable clauses attached. Sueh policies, togdher with such abatracts and other tide evidence as may I be required by Mortgagee, shall be delivered to and held by Mortgagee without liability. Upon foreclosure o( this mortgage or ~ ~ other acquisition o! the premises or any pa: t thereof by Mortgagee, said policies, abstracts and title evidence shall become the - \ absolute property of Mortgagee_ ~ 6. To rrst obtain the written consent o[ Mortgagee, such consent to be granted or withheld at the sole discretion ot such ~ ~ ~ Atortga~ee, before (a) removing or demolishing any building now or hereafter erected on the premisa, (b) altering the arrange- ~ ment, desi.qn or structurai character thercof, (c) making any rcpain which involve the removal of structural parts or the exposure of the interior of such bw?ding to the ~lements, or (d) accept for domestie purposes, cutting or removing or permitting ~ r the cutting and removal of any trees or timber on the premises_ 7. To maintain premisa in good condition and repair, induding but not limited to the making of such rcpairs as ~fortgagee may from time to time determine to be necessary for the preservation of the premises and to nat c~mmit nor permit any waste thereof. 8_ To comply with all laws, ordinances, regulations, rnvenanu, conditions and ratrictio»s aifecting the premises, and not to wffer or permit any vinlation thereof. 9_ I( Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, w6en due, any tax or asseument or insurance premium, or to keep the premius in repair, or shall commit or permit waste, or iE there be commenced any action or proceeding affecting the premises or the tide thercto, then Mortgagce, at ib option, may pay said claim, lien, rncum- brance, tax, asseument or premium, with right of subrogation thercunder, 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 proceeding and retain counsel therein, and takt ~ such action therein as Mortgagee deems advisable, and for any oE said purposa l~tortgagee may advance such sums of monty, i including all costs. (ees and other items o( expense as it deeau necusary. Mortgagee shall be the sole judge of the legality, ~ ~~alidity and priority of any such claim, Gen, encumbrance, tax, assessment and premium, and of the amount neccssary to be paid ~ in satisfaction thereof. Mortgagce shall not be held accountable for any delay in nwl~ing any such payment, which delay may result in any additional interst, cost, charga or expense otherwise. 10. Mortgagor will pay to l~tortgagee, immediately"and without demand, a11 sums of monty advanced by 111ortgagee pursu- ant to this mortgage, to~ether with interest on each such advancement at the rate o( ten per cent. (10%) per annum, and a11' wch sums and interest thereon sha11 be secured hereby. 11. All sums of money secured hereby shall be payable without any relid whatever irom any valuation or appraisement laws. 12. If default be made in payment of any instalment of principal or interest of said note or any part thereof when due, or in payment, when due o( any other sum secured hereby, or in pedormance o[ any of Mortgagor s obligations, covenants or agreements hereunder, al) of the indtbtednw secured hereby thall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby expreuly waived, in which rvent Mortgagee mar avail iexlf of all rights and remedies, at iaw or in equity, and this mortgage may be foreclosed with all righb and remedies _afforded by the laws of Florida and Mortgagor shall pay all cosb, charga and acpenses thereo(, including a reasonable attorney's Ece_ aoo~214 PaGf 396 n ~ ~ ; ~ j~w~ ~~t~,~~ ~ u_~ " ~ . ~ ~ ~ . ~ _ . _ _ a" ~ ~~3; : ~ . ~ _ .