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HomeMy WebLinkAbout2143 11 { . ~ t TOGETHER 1VITH all and tinaular the te~ementa. hereditamenb at~d apputtenancei thefcunto lxlonging or in anywiu tAc~eunto appe~taini~s and the renta~ iaua ant! protip thereo6, and alao aU the atate, right, title, intuat and aU claim and demand whatsoever, at wdl in law as in equity, ot the uid Mortgagor in and to the tame, ind~ding but not limited to: (a) AQ renu, profiu, reveaua, wpaltia. rights and benetia de~ived from (1) cmps srown on said accurity and produce ot the ~oil otherwi~e (2) oil~- sat or mineral kases ot the premises or aay put thereo[~ now existing o~ hereinatter made, and (S) ap other Jenes, iuua and 'pmfits of the prcmises [wm time to time accruing. whether under Ieases or tenancies now custing ot hercafter ereated; in each :ucb case with the right in the Mortgasee, but only at its optio~, to rcceive and receipt the~otor and to apply the same as it may elat to aar indebtedness secured hereby, and the Mo~tgagee, at ita option, may demand, sue (or and recover any such paya?enu. reserving to the Mo~tgagor, however. so bng as said Mortgagor is not i~ de(ault hereunder, !he right to receive and retain auch ~ents, issua and pmtits. (b) All judgments, awards of damaga and setttemeats ~ereatter made as a resu)t ot or in lieu of any taking ot the premises o~ any part therrnf under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the premises or the improvcments thereon or any patt thercof ; such part of any such judgmeat, av~ward or settlement, as thc 1?~ortgagee may elcct to be applied to the indebtednas hereby secured and the balance thereof, if any, to be resemd to the party or parties otherwise-entitled tAereto. . . TO HAVE AND TO HOLD the above granted and described premises to the said I?lortgagee, its succasors and assigns, toreti•er, and the said Morlgagor does hereby tully warrant the title to said 1and, and will defend the same aga~nst the law(ul claims of all persons whomsoever; provided always ihat i( Mortgagor shall pay to Mortgagee that ce~tair? promissory note aboee described and shall perform all other covenanb and conditions of said promissory note, and of any renewal. extension o~ modi- ~cation th~rtof, and of this mortgage, then this mortgage and the atate hrnby created shaU cease and be null and void. Mortgagor turther covenants-and agrces with 1liortgagee as tollows: l. To pay all sums inciuding interat securcd hcreby when due, a~ pmvided for in said promissory notc and any renewal, , extemion or modification thcreof and in this mortgage, all such sums to be payable in iawful money of the United States of ~ America at Mortgageds a(oresaid principal o(fice, or at such other place as Mortgagee may designate in writing. ~ 2. 'Ib pay when due, and without rcquiring any notice from Mortgagee, all taxes, asseumenu of any type or nature f , and other charges le~~icd or assessed against the premises hercby encumbercd or any interat oE Zfortgage therrin. To emmcYfiatcly ~ pay and dischatge any claim, lien or encumbrance again:t such prcmises which may be or become superior to this mortgage and to permit no detaWt or delinquency on any other lien, rncumbrance or charge again~t such pnmises. 3. I( requir~d by I~~ortgagee, to also make monthly deposits with Mortgagee, in a non-interest bearing account, together with and in addition to interat and principal, of a sum equai to one-twelfth of the yearly taxes and assessments which may be le~•ied against the premises, and (i[ so required) on~-twelfth of thc yearly premiums for insurancc thereon The amount of such taxes, assessments and premiums, when unknown, sha11 be estimatecl by I?tortgagee. Such deposits shall 6e used by Mortgagee to pay such taxes, assessments and pnmiums when due. Any insu(ficiency of such account to pay such charges when due shaU ~ be paid by Mortgagor to I1lortgagce on demand. If, by reason of any default by Mortgagor under any provuion of this mort- ~ gage, Mortgagee drelares all sums serured herrby to be due and payable, Mortgagee may then apply any funds in said account i against the entire indebtedness secured hercby. The enforceability of the covtnants relating to taxes, assessments and insurance pnmiums herein otherwise pro~•ided shall not be affected execpt in so far as thou obligations ha~•e been met by compliance with this paragraph. 111ortqagee may from time to time at its option waive, and a(ter any such waiver reinstate, any or all provuions hereof requiring such deposits, by notice to Mortgagor in writing. K'hile any such wai~er is in effert Mortgagor shall pay taxes, asseuments and insurance premiums as hertin dsewhere provided. 4. To pay all taxes, stamp taa or other charge which may be asseued upon this mortgage, or said notq or indebtedneu sccured hereby, without regard to any law, Federal or State, herctoEorc or he~eatter enactcd, imposing payment oi all or any part thereof upon Mortgagee. In event of enactment of any law imposi~g payment of all or any portion of any such taxes upon bfortgagee, or the rendering by any court of last resort of a decision that the undertaking by 11~ortgagor, as herein provided, to pay such taz or taxes is legal~y irtoperative, then, unless Mortgagor neverthelc~ss pays such taxes, all sums hereby secured, without any deduction, shall at the option o! Mortgagee become immediately due and payable, notwithstanding anything co~tained hercin or any law heretofore or hereafter enacted. 5. To kcep the premises insurcd against loss or damage by ~re, windstorm or extended coverage and such other hazards as may be required by Mortgagee, in form and amounu satisfutory to, and in insurance compania approved by Afortgagee, and with ~ xcceptable mortgagee loss payable clauses attached_ Such policies, together with ruch abstracts and other title evidence as may L bc requircd by Mortgagee, shall be delia•ered to and held by Mortgagee without liability. Upon foreclosure o[ this mortgage or , other acquisitioo of the premises or any patt thereof by Mortgagee, said policia, abstracb a~d tit[e evidence shall become the ~ • absolute property of 1liortgagee_ f 6. To first obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole discretion oi such ~ riortgacee, betore (a) removing or demolisheng any building now or hereafter erected on the premises, (b) altering the arrange- ~ ment, desi.¢~ or structural character thereof, (c) making any repain which inwlve the removal of structural parts or the ~ exposure of tha interior of such building to the dements, or (d) except tor domatic purposes, cutting or removing or pe~mittin,g ~ the cutting and removal of any trces or timber on the prcmises. ~ 7. To maintain premues in good condition and repair, inciuding but not limited to t,hc making of such npairs as bfortgagee I t may from time to time det~rmine to be necessary for the preservation of-the premises and to not commit nor permit any waste thereof. ~ 8. To comply with all laws, ordinances, regulations, covenants, conditiona and ratrictions affecting the premises, and not ~ to suffer or permit any violation thereof. f ` 9_ If Mortgagor faih to pay any claim, lien or encumbrance which is superior to thu mortgage, or, whrn due, any tax or ~ ass~ssment or insurance premium, or to keep the premises in repair, or ahall commit or permit waste, or if there be commenced j any action or proceeding a(fecting the premises or the tide thereto, then'.I~tortgagee, at its option, may pay said claim, lien, encum- brance, tax, asseument or premium, with right of aubrogation thereunder, may make such repain 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 I?iortgaga deems advisable, and for any of said purposes biortgagee may advance such sums of money, ' includin,q all costs, fees and other items of expense as it deems necusary. Mortgagee shall be the sole judge of the legality, ~ ~•aiidity and priority of any snch claim, lien, mcumbrance, tax, assessment and premium, and of the amount necessary to be paid f in satisfaction thereof. Mortgagee shall not be heW accountable for any delay in making any such payment, which delay may ; result in any additional interat, cost, charges or expense otherwise. I0. Mortgagor will pay to 1lfortgagee, immediately and wit6out demand, all sums of money advanced by Mortgagee pursu- i ant to this mortgaRe, togeth~r with interest on each such advancement at the rate of ten pcc cent. ( l OrJc ) per annum, and all ; such sums and interest thercon shall be secured hereby. 11. All sums of money securcd hereby sha11 be payable without any rdid whatever (rom any valuation or appraixmrnt Iaws. f 12. If defautt br made in payment o[ any instalment of principal or interest of said note or any part Ihereof when duq or ~ in paymeni, when due of any other sum secured hereby, or in pedormance of any of Mortgagor's obligations, covenants or agreemenu hereunder, all o[ the indebtedness secured hereby shall become arid be immediately due and payable at the•option of f Mortgagee, without notice or demand which are hereby acpreuly waived, in which event Mortgagee may avai! itxlf of al! rigbts and remedies, at law or in cquity, and thii mortgage may be toreclosed with all rights and remedies af(orded by the laws of Fbrida and Mortgagor shall pay all costs, charga and ezpenses thereof, including a reasonable attorney's [ee. f ; eoL~ z~.4 e,1cF2~.~2 E ; : _ _ 'S"ti`v.~°-~;. .r - ; - ~ x, ; - . .