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HomeMy WebLinkAbout0054 I TOCETHBR WITH aU and tingula~ the tenements, hereditaments a~d appurtena~ces ther~unto belongiag or ie~ anywise thereunto appe~taining and the renb, issua and prolits thereol, and alw al! the atate, right. title, interat and all claim and drma~d whatsoever; u weU in law as in equity, ot thc said I?tortgagor in aod to the same, includi~g but not limited to: (a) AU rents, profits, revmua. royaltia, righb and benefits derived fwm (1) c~ops gmwn on uid ucurity and produce of the soil othemise (2) oil. gu or mineral leases of the premises or any part thereot, now existing or hereinatter made, and (3) aU other rents, issua and 'profits oE the premiscs [rom time to time accruing, whethe~ under leases o~ tenancia now euisting or hereafter created; in each aach case with tha right in the 1liortgagee, but only at its option, to recei~e and ~eceipt therctor and to apply the same as it may elect to any indebtedness xcured hereby, and the Mortgagee, at its option, may demand, sue [os and reco~•e~ any :uch pa~~rnenu, reaen•ing to the Mortgagor, howevt~, so bng as said I~iortgaqo~ is not in default hereunder, the right to receive a~xt retain tuch rents, usues and profits. (b) All judgments, awarcls o[ damaga and settlemenb hereatter made as a result of or in lieu o! any taking ot the premisa or any part thereof under the power ot eminent domain, or for any damage (whethe~ cauud by such tating or otherwise) . Ro the premisa or the impro~•cmenis theteon or any part thereof ; such part of any such judgment, award or settlement, as the Mortgagee may elect to be applied to the ind~btedness hereby secured and ihe balance thereof, ii any, to be resen•ed to the party or parties oth~rwise entitlcd thereto. TO }{AVE AND TO HOLD the above granted and described premisa to the said ~Mortgagee, its successoa and a~signs,_ for~t~er, and the said Mortgagor does hereby fu11y warrant ihe title to said land~ and will d~fend the samc aga~nst the lawtul claims of all penons whomsoe~•er; provided always that i( Mortgagor shall pay to Mortgagee that certain promissory note abore deuribed and shall per[orm aU other covenanu and conditions of said promissory note, and of any renewai, extension or modi- iication thereof, and of this mortgage, then this tnortgage and the estate hereby created ihali c~ase and be null and void. 1liongagor further co~•enants and agrees with 1liongagee as follows: 1. To pay all sums induding interest secured herc6y when due, as provided [or in said promissory note and any rcnewal, c~tension or mod%fication thereof and in thu mortgage, a11 such sums to be payable in lawful money of the United Statts of , r~merics at Mortgagee's a(or~said principal officc, or at such other place as Mortgagee may designate in writing_ l ~ 2. To pay when due, and ~without requiring any notice irom 111ortgagee, all taxes, assessments o[ any type o~ naturc and other charges levied or auesscd against the premises hereby encuinbered or any interest of ~fortgage thercin. To immcdiately i pay and discharge any claim, li~n or encumbrance against such premises which may be or become superior to this mortgage and ' ~ to permit no d~fault or delinqu~nry on any other lien, encumbrance or charge against such premises. ~ 3. I( reyuircd by :~iort¢agee, to also make monthly deposits with Mortgagee, in a non•interest bcaring account, toqether ~ with and in addition to interest and principal, of a sum equal to one.twelfth of the yearly tax~s and assessments which may b~ le~•ied against the premius, and (if so required) one-twclfth of ihe yearly premiu~ns tor insurance thereon. The amount of such taaa, assessments and ~ premiums, when unknown, shall be estimatecl by 1liortqagre. Such deposits shall b~ used by Mortgaget to pay sueh taxes. assessmrnts ane! premiums when due. Any insu(ficicncy of such accou~t to pa~ such eharges when due shall be paid by ~iortgagor to I?tortgagee on d~mand. If, by ~ea:on o[ any dcfault by Mortgagor under any provision o( this mort- gagq Aiortgagce declares all sums secured hereby to tx due and payable, Iliortqagee may then appiy any funds in said accouot against the entire ind~btedn~ss secured her~by. Thc ~nforceability of the corenants relating to taxes, assessmentsartd insurance prcmiums h~rein otherwise proti•ided shall not be aff~cted extept in so far'as those obligations ha~-e been met by ~ompliance with this para,qraph. ?lfort¢agee may from time to time at its optiun wai~~c, and after. any such waiver reinstate, any or all provisions hereof requiring such deposits, by notic~ to I?iortgaqor in writing. ~Vhile any such waiver is in ~ffect Mortgagor shall pay ta~es. asussm~nts and insurance prcmiums as herein etsewhcre pro~•ided_ 4. To pay all tazes, stamp tax or viher charge which may be asussed upon this moriGage, or s~id note, or ind~btedness secured hereby, without regard to any 1aw, Federal or State, herctofore or h~rea[ter enacted, imposinq payment of a11 or any part th~reof upon ~iort~agee. In e~~ent o[ cnactment of anp law imposing payment of al) or any portion of any such taxes upon hiortgagee, or the rendering by any court o( last resort o[ a decision that the undertaEing by bfortgagor, as hercin pros~ded, to pay such tax or taxes is legally inoperati«, then, unless l~fortgagor nevertheless pa~s such taxes, aU sums hereby secured, without any deducteon, shall at the option of tifortgagte lxcome immediately due and payable, notwithstanding anything contained herein ~ or any law her~tofore or hercafter enacteci. ~ 5. To kerp the premises insured against loss or damage by Gre, windstorm or extcnded coverage and such other hazards as ~ may be requir~d by 1liortgagee, in form and amounts satisfactory to, and in insurance companies appro~•ed by 1liortgagce, aad with r acceptable mortqagee lou payabk clauses attachcd. Such policies, together with such abatraets and other tide e~•idenc~ at may be required by Mortgageq shall be ddi~ered to and h~ld by Mortgagee without liability. Upon foreclosure of this mortgage or other acquisition of the premises or any part thereof by I?fortgagee, said policies, abstracts and title evidence shall become the , ~ absolute property of ~liortqaqee. 6. To first obtain the written consent of Mort,qagee, such conseot to be granted or withheid at the sole discrction o[ such i rtort~aeec, brfore (a1 remo~•ing or dcmolishing any building now or herea(ter erected on the premixs, {b) altering the arrangc- ! ment, desi¢n or structural charaeter thercof, (c) making any repain which inwl~e the removal o( structural parts or the ~ exposure of the interior of such building to the elements, or (d) exeept (or domestic purpoxs, eutting or remo~~ng or pe~mitting ~ the cuttine and remocal of any tre~s or timber on the prrmisa. { ; 7. To maintain premises in good condition and repair, including but not limited to the making oi surh npain as ~fortgagee may irom time to time determine to bc necessary for the prcscrvation of the premise~ and to not commit nor permit any ~vaste thereof_ ~ 8. To comply with ali laws, ordinanca, rcgulations, coeenants, conditions and restrictions affecting the premises, and not to suffer or p~rmit any riolation th~reof. i 9_ If Mortgagor (ails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tauc or ~ assessment or insurance premium, or to kcep the premius in repair, or shall commit or prrmit waste, or if there be commenced any action or proceeding a((ecting the ptemises or the tide thereto, then Mortgaga, at its option, may pay said ctaim, Iien, encum- brance. tax, asseument or premium, with right of subrogation thereunder, may make such repain and talce sach steps as it deems ad~•isable to pres~~nt or care such waste, and may appear in any such action or proceeding and retain counsel iherein, and ta'te ! such action therein as 1ltortgagce deems ad~isable, and !or any of said purposes biortgag~e may advance such sunu of money, including all costs. fees and other items of e:penu as it deems necessary_ Mortgagee shali be the sole judge of the legality, a•alidity and priority of any such ciaim, lien, encumbrance, ta~c, assasmeat and premium, and of the amount necessary to be paid G in satisfaction thereoi. tifortgagee shall not be held accountabl~ Eor any delay in mal~ing any such payrient, which delay may ~ result in any additional interest, c6st, charga or upense otherwise. ~ ]0. \iort¢a¢or will pay to \tortgagee, immediatdy and without drmand, all sums of money a~vanced by \~ortga¢ce pursu- ant to this mort,qa¢e, together with interest on e~ch such advancement at the rate o( ten per cent. (107 ) per annum, aRd all sui h sums and interest thereon shali be securcd hereby. 11. All wms of money securcd hereby shall be payable without any rdief whatever trom any valuation or appraisement laws. 3 12. If default be mide in payment nf any instalmrnt of principal or interest of said rtote or any part thereof when due, or in pa~~ment, when due o( any other sum secured hereby, or in performance o( any of Mortgagor's obligations, covenants or ' agrcemenu hereunder, all o( the indebtedncu secured hereby shall betome and be immediately due and payable at the option of ; Mortgagee, without notice or demand which are h~reby exprasly waived, in which event Mortgaga may avait itself of all rights i and remedics, at law or in cquity, and this mortgage may be forecloud with all rights and remed'+a afforded by the laws of Ftorida and ?liortgagor shaU pay aA rosts, charges and expensa thrreo(, including a reasonable attornry's fec. eooK2~5 rac~ 54