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HomeMy WebLinkAbout0688 TOGBTHBA W1TH a11 and unaulu the te~emeals, hercditaments and appurtenances thercunto bebnaing o~ in anywiu thenunw appettaiains and the rents, is~ua and protits the~eot, and abo all the atate~ riaht, title, intuat u?d aU claim and demand whatsoevu, at weU in law as in equitr, o( the uid Mortasgor in and to the ume, indudins but oot limited to: (a) All ~entt, pm(iti, reveaua. roraltia, riaAts and bea~b derived from (1) crops Scown on uid security and produce ot the soil otherwi~e (2) oil, gas or runeral leaset o( the premisa or any part thereo[, now existing or hereinatter made~ and (3) aU other rents, iuua and 'pmGu of the p~emi~es [com time to time accn~ing, whether under leases or tenancies now existing o~ hereatter created; •ia each such case with the right in the Mortaagee, but only at iu option, to receive and receipt therefor a~d to applp the same as it may elect to aar indtbtedneu secured hereby, and the Mortgagee, at its option, may demand, sue for and recover any :uch payments, raemna to the Mortgagor, however, so bng u said Mongagor is not in detault hereunder, the right to receive and ntain such nnts, issua and profita. (b) All judgmenb, awards o[ damaga and xttlements herca(ter made aa a mult oi or in lieu of any taking of the premisa o~ any part thereof under the power oi eminent doraain, or (or any damage (whether caused by such taking or otherwise) to tbe premises or the impmvemenu thereon or anr put thercof ; such part ot any such judgment, award or uttlement, as the Mo~tgagee may elect to be applied to the indebtedneas hereby secured and the balance thereoi, if any, to be r~urved to the party or partia otherwiu entitled thereto. TO HAVB AND TO HOLD the above ~anted and deuribed premises to the said Mortgagee, its successon and assigns, forever, and the said Mortgagor does hercby lullr wamant the title to said land. and will defend the same agaenst the lawiul claims ot al1 penon's whomsoever; provided alway~ that if Mongagor shall pay to Mortgagee that certain promis;ory note above ~ described and shall per[orm all other rnvenants and rnnditions of said promiuory note, and of any renewal, extension or modi- (ication thereof, and of this mortgage, then thu mortgage and tAe atate hercby created ahail ccase and be nul) and v~oid. \ s Mortgagor turther covenanta and agrees with Mortgagee as follows: ~ I. To pay all ,sutns including interat secured hereby when due, as provided [or in said promissory note and any renewal, ~ extauion or modiGcation thereof and in this mortgage, all such sums to be payable in law(ul money of the United States of America at Mortgagee's afomaid principal o[Cce, or at such other place as Mortgagee may daignate in writing. , 2. To ~ay when due, and without requiring any notice from Mortgagee, ali taxes, assessments ot any type or nature _ and other charges le~tied qr'assessed against the prcmua hcreby encumbered or any interest of Mortgage thercin. To immediately pay and discharge any claim, lien or encumbrance against such prcmises which may be or become superior to this mortgage and to permit no detault or delinquency on any other lien, encumbrance or charge against such premises. 3.'~[ required by 1liortgagee, to also make mo~thly deposiu with Mortgagee, in a non-interest bearing account, together with and in addition to interest and principal, o( a sum equal to one-twelft6 of the yearly taxes and asussments which may be le~~ed against the premises, a~d (if so required) one-twellth of the y~arly premiums for insurance thereon. The amount of such taxes, assessments and premiums, when unknown, shall be estimated by riortgagee. Such deposiu shall be used by Mortgagee to pay such taxa, assessments and prcmiums when due. Any insufficiency o( such account to pay such charges when due shal) be paid by 1liortgagor to Mortgagee on demand. If, by reason of any default by Mortgagor under any provision of this mort- gage, I?iortgagee declara all sums secured hercby to be due and payable, Mortgagee may then apply any funds in said account against the entirc indebtedness secured hereby. The enforcoability of the covtnants relating to taza, asussmenu and insurance prcmiums herein otherwise provided shall not be affected except in so far as those obligations have been met by compliance with thu paragraph. Mortgagee may (rom time to time at its option waive, and a[ter any such waiver reinstate, any or all provisio~s hereof requiring such deposiu, by notice to Mortgagor in writing. ~Vhile any such waiver is in effect Mortgagor shall pay ta~es, assessments and insurance premiunu as herein elsewhere provided. 4. To pay all taxes, stamp tax or other charge which may be assessed upon this mortgage, or said note, or indebtedness secured hereby, without regard to any law, Federal or State, heretofore or herea(ter enacted, imposing payment of all or any part thereof upon Mortgagee. In event of enactment of any law imposing payment of all or any portion of any such taxa upon Mortgagee, or the rendering by any court o[ las! raoR of a decision that the undertal~ing by Mortgagor, as herein provided, to ~ pay such tax or taxa u legally inoperative, then, wdess Mortgagor nevertheless pays such taxa, all sums hercby securcd, without any deduction, shall at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein ~ or any law heretofore or hereafter enacted. I S. To keep the premises insurcd against loas or damage by Gre, windstorm or eatended coverage and such other hazards as i may be requircd by Mortgagte, in form a~d amounts satisfactory to, and in insurance companies approved by 1?iortgagee, and with E acceptable mortqagee 1ou payable clauses attached. Such policies, together with such abstracts and other tide evidence as may ~ be required by Mortgagee, shaU be deli~ered to and hdd by Mortgagee without liability. Upon foreclosure of this mortgage or other acquisition of the premises or any pazt thereof by Mortgagee, said policies, abstracb and title evidence shall become the absolute property of Mortgagee. 6. To first obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole discretion of such v Mortgaqee, before (a) nmoveng or demolishing any building now or hereafter erected on the prcmises, (b) altering the arrange- ~ ment, design or structural character thercof, (c) maiting any repain which involve the removal of structural parts . or the R ~xposure ot the interior of such building to the elements, or (d) except for domatic purposes, cutting or removing or permitting the cutting and rcmoval o[ any trres or timber on the prrmises. 7. To maintain premises in good condition and repair, including but not Gmited to the making of such repain as Mortgagee may from time to time determine to be necusary for the preservation of the premisa and to not rnmmit nor permit any waste thereof. 8. To comply with all laws, ordinancu, regulations, covenants, conditions and restrictions a[fecting the premises, and not to suf(er or permit any violation thereof. 9. If Mortqagor fails to pay any claim, lien or encumbrance which u superior to this mortgage, or, when due, any tax or assessment or insurance prcmium, or to keep the premisea in repair, or shall commit or permit waste, or if there be commenced any action or proceeding affecting the premises or the title thereto, then Mortgagee, at its option; may pay said claim, lien, encum- brance, tax, auessment or premium, with right of subrogation thereunder, may make snch npain 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 take ~ such action therein as Mortgagee dcems advisablq and for any of said purposes Mortgagee maY advance such sumt of monry, ~ ~ including all cosu, - lees and other items. of expense at it deems necessary. Mortgagee shall be the sole judge of the legality, ~ ~•alidity and priority of any such claim, lien, encumbrance, tax, assessment and premium, and ot the amount necessary to be paid ~ in satisfaction thereo(. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may ~ result in any additional interst, cast, charga or expense otherwisa 10. Mortgagor will pay to 1liortgagce, immediately and without demand, all sums of money advanced by btortgagee pursu- ant to this mortgage, together with interest on each such advancement at the rate of ten per cent. (10%) ,;er annum, and all such sums and interest thereon shall be secured hereby. ~ 11. All sums of money secured hereby shall be payable without any relief whatever from any valuation or appraisement laws. 12. I( default be made in paymrnt of any instalmmt of principal or interest of said note or any part thereof whcn due, or in payment, whrn due of any other sum secured heceby, or in pedormance of any of Mortgagor's obligations, covenanb or agreemenb hereunder, all ot the indebtednas secured henby shall become and be immediately due and payable at the option oE Mortgagee, without notice or demand which are herebr expressly waived, in which event Mortgagee may avail itself of all rights and remcdies, at law or in equity, and this mortgage may be foreclosed with all righb and remedia a(forded by the laws of Florida and Mo-tgagor shaq pay all costs, charges and acpenses thereo(, including a reasonable attorney's fee. ~~Q~ 214 S89 _ ~ b ~ _ - , ~ t +g~-'v~. .y'~~e~{~.~~ z 'a~= ~ _ _ . _ . _ _ - .