Loading...
HomeMy WebLinkAbout1709 1 TOGETHER W1TH all and si~gulu the tenements, hereditaments aod appu~tenanca thcrcunto bebngirtg o~ in anywiu thereunto appettaining and the rents, iasua and prorts the~eot. and atso aii the atate, right, title, interat and aU claim and . demand wdatsoe~~e~. as weU i~ law as in equity, of the said Mortgagor in and to ~he ume, indudina but not limitcd to: (a) AU rents, profiu, revenua. m~altia, righu and benefib derived fwm (1) crops arown on uid xcurity and produce o[ the soil otherwise (2) oil, gu or mineral leasa of the p~emiacs o~ any put'the~eo(, now existing or hereinatte~ made, and (3) aU othe~ rents, issua and 'protits of the premises Irom time to time accnung, whethcr under leases or tenancia now existing or he~eafter created; in each :uch case with the right in t!?e Mo~tgagee, but only at its option, to nceive and receipt therefor and to applr the same u it may tlect to anr indebtednas secured hereby. and the Mo~tgagee, at its option, may demand, sue for and recoeer any such payments. reserving to the Mortgagor, however~ so long u said Mo~tgagor is not in default henunder, the right to ~ecei~•e and retain :uch nnts, issua and pmtits. (b) AU judgmenu, awards o[ damages and settle~nents hereaEter made as a result of or in lieu ot any taking of the premises or any part thereof under the power of eminent domain, or Eor any damage (whether caused by such taking o~ otherwise) to tke prezeeisa or the improvements thereon or any part the~eof; such part of any such judgment, award o~ settlement, as the I?iortgagee may elect to be applied to the i~debtedneu hereby secured and the balance thereof, if any, to be reserved to the party or parties otherwise cntitled thereto. TO HAVE AND TO HOLD the above granted and desc~ibed premises to the said Mortgagee, iu successors and assigns, forever, and the said 1liortgagur does hereby iully warrant the title to said land, and wil! defend the s.1mc aga~nst the law(ul claims of aU prnons whomsoever; provided always that if Mortgagor shall pay to Mortgagce that certain promissory note abore described and shaU pertortn all otlier covenants and conditions o[ said promisiory note, and oi any re~ewal, extension or modi- fication thereof, and o[ this mortgage, then this mortgaqe and the atat~ hereby created shali cease and be null and v~oid. ~ ~ Mongagor further covenants and agrees with 1liortgagee as tollows: • ` 1. To pay all sums includi~g interest aecured hereby when due, as provided (or in said promissory note and any renewal, j . ' extcnsion or modification thereof and in this mortgage, all such sunes to be payable in lawiul money of the Unittd States of Amerira at 111ortgagee's aforesaid principal o[fice, or at such other place as Mortgagec may daignate in writing. ~ 2. To when due, and without r ~ ~ PaY cquiring any notice irom ?~iortgagee, all taxes, aueuments of any type o~ nature ~ and other charges ln~ied or assessed against the premises hereby encumbered or any interest of ~iortgage thercin. To immcdiatdy pay and discharge any claim, lien or encumbrance against such premises which may be or .bccome superior to this mortgage and to permit no default or delinquency on any other lien, encumbranee or charge against such premues. 3. If requircd by llfortgagee, to alw make mo~thly deposits with Mortqagee, in a non•interest bearing account, together with and 'en addition to int~rest and principa), o( a sum e~qual to one-twelith of the yearly taxes and assessments which may be 1~~7ed against the premises, and (if so required) one-twelfth of the g~arly premiums for insurance thereon. The amount of such ta.~a, assessmeots and premiums, when unknown, shall be estimateci by I?fongagee. Such deposits shail be used by Mortgager ~ to pay such taaes, assessments and premiums when due. Any insutficiency of such account to pay such charges when due shall be paid by 111ortgagor to 2liortgagee on demand. If, by reason of any de[ault by Mortgagor under any provisioe of this mort- gage, 11~ortgagee declares all sums securcd hercby to be due and payable, Mortgagee may then apply any funds in said account against the entire indebtedness urured hereby. The enforceability of th~ co~•enanu retating to taxes, assessmrnts ana insurance premiums herein otherwise pro~•ided shall not be affectcd except in so far as those obligations ha~~e been met by compliance with thu paragraph. 1liortqag~e may from time to time at iu option wai~~e, and after any such waiver reinstate, any or all provisions - hereof requiring such deposiu, by notice to Mortgagor in writing. ~Yhile any such waiver is in effect Mortgagor shall pay taces. ass~ssmenu and insurance premiums as herein elsewhere provided. 4. To pay all taxes, stamp tax or other charge which may br aueucd upon this mortgage, or said note, or indebtedneu secured hereby, without regard to any law, Fcderal or State, heretofore or hereafter rnacted, imposing paym~nt of all or any part thrreof upon Afortgaq~e_ In event of ~nactment of any law imposing payment of all or any portion of any such taxa upon Mortgage~, or the rcndering by any court of last resort of a decision that the undertaking by rlortgagor, as hercin pro~•ided, to pay such tax or taxes u legally inoperativq then, unless Mortgagor neverthdess pays such taxes, all sums hcreby secured, without a~y deduction, shall at the option of Mortgagee become immediately due and payable, notwithstanding anythiog contained herein or aoy law herctoforc or hereafter enacted. 5. To keep the prtmises insured against lou o~ damage by fire, windstorm or extended coverage and such other hazards as may be required by 111ortgagee, in form and amounts satisiactory to. a~d in insurance companies approved by Mortgagce, and with acceptable mort~agce loss payable cla~~es attached. Such policies, together with such abstracts and other title evidence as may be required bq 1liortgagee, shall be delia~ered to and held by Mortgagee without liability. Upon foreclosure of this mortgage or ! other acquisition of the premises or any part thereof by Mortgagce, said policia, abstracts and title rvidence shall become the ~ absolute proFxrty of Mortgagee. ~ 6. To fint obtain the written consent of Mortgagce, suth conxnt to be granted or withheld at the sole discretion o! such ~ Aiortgagce, before (a) removing or demoGshing any building now or hereatter erected on the premises, (b) altering the arrange- i ' , ment, desi¢n or structural character thereof, (c) making any npain which involve the removal of structural parts or the exposure of the interior of such building to th~ elemenu, or (d) except for domatic purposes, cutting or removing or permittinq the cutting and r~mo~al of any trca or timber on the premises. 7_ To maintain premises in good condition and repair, including but not limited to the making o[ such rcpain as Mortgagee may from time to time determine to be necessary for the preservation o[ the premises and to not commit rwr p~rmit any waste lhereof. 8. To comply with aq laws, ordinances, reguiations, covenants, conditions and ratrictions a(fecting the premises, and not to suffer or permit any violation thermf. 9. tt Mortgagor fails to pap any claim, lien or encumbrance which u superior to thu mortgage, or, when due, any tax or assessment or insurance premium, 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 thereto, then Mortgagee, at its option, may pay said claim, lien, encnm- brance, tax, assessment or premium, with right of subrogation thereunder, may make such repairs and take such steps as it deems ad~•isable to prcvent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and take su~h artion therein as Mortgagee deems advisable, and tor any of said purposes Mortgagee may advance such sums of money, including all costs, [ees and other items of expense az it deems necessary: Mortgagee shall be the sole judge of the legality, ~~alidity and priority of any such ctaim, lien, rncumbrance, tax, asseument and premium, and of the amount necessary to be paid in satisfaction thereof. 1lfortgagee shall rwt be held accountable for any delay in mating any such pay~nent, which delay may result in any additional interest, cost, chargea or expenu otherwise. 10. Mortgagor w71 pay to Aiortgagee, immediatdy and without demand, all sums of money advanccd by ~fortgagee pursu- , ant to this mortgage, togeth~r with interest on each such advancement at the tate of ten per cent. (10~ ) per annum, and all such sums and interest thereon shall be secured hereby. I 1. All sums of money secured hereby shal) be payable without any rclie! whatever from any valuation or appraisement laws. 12. If d~(ault be made in payment of anq instalment o( principal or interat of said note or any part thereof when due, or in payment, when due of any other sum secured hercby, or in performance of any of Mortgagor's obligations, covenanu or agrcemenu her~under, a11 of the indebtedneu aecured hereby shall become and be immediately due and payable at the option of Mortgagce, without notice or demand which are hereby express}y waived, in which event Mortgagee may avail itself of all righu and r~medies, at law or in equity, and this mortgage may be foreclosed with ai! righu and remedia af(orded by the laws of Florida and Mortgagor sball pay all costs, chargu and acpenses thermf, including a~e~on ble attorney's fee. go~K~14 ~~1708 ~ 3 . . h,p~ Y1 ~ L ~q .'M~~ ~ ~~N ~ ~ -e S+~ .r__ ~ .e__: ~ . . .