HomeMy WebLinkAbout0311 TOGETHER N'ITH all and singular the tenements, hercciitamrnts and appurtenan~~s th~rrunto lxlooging or in an~•wise
thereunto ap}xrtainiag and thc rents, issues and protits thereoi, and also all the estat~, right, titlr, inte~~st and all claim and
demand whatsoever, as well in law as in equity, of the said I~lortgagor in and to the same, iocluding but not limitnl to:
(a) AU renu, pro(its, revenua, royalties, rights and ben~tits de~iv~d (rom (1) crops grown on said security and pr«Iuce
of the soil otherwise (2) oil, gas or minrral leases ot the premises oc any part therto(, now existinq or hereinaft~~ rnade, and
`(3) all othes rcnb, issues and p~olits of the premises (rom time to time accruinq, whethe~ unde~ leases or tenancirs now existing
or hereafter eteated; in each such case with the right in the Mortgagee, but only at its option, to r~ceiv~ and receipt th~re(or
and to apply the same as it may elect to any indebtalrtess securcd hrreby, and the I~tortgagee, at its option, may demand, :ur for
and rrco~•~r any such pa~•m~nts, resen•ing to the Mortgagor, however, so long as said I~tortg~¢or is not in default hereunder, th~
right to recei~•~ arxl retain such ~ents, iuu~s and profits.
(b) All judgmrnts, awards o[ damaqes and settl~mrnts herea(ter made as a result o( or in licu of any taking o[ thc
pr~mises or any part thereof under the power of eminent domain, or for any damag~ (whethe~ caus~d bq such taking or otherwise)
to the premises or the impro~•ements thereon o~ any part ~h~reof ; such part of any such judgmrnt, award or s~tdement, as the
I?tortga~~e may el~ct to be applird to the indebteJntss hereby secur~d and the balance th~reof, if ~ny, to be rrsenrcl to the
party or partics otherwise entitl~-d th~reto.
TO }IAVE A:1iD TO 110I.D the abo~•e grantcd and descritml pr~mises to th~ said ~tortgiqee, its ~successon and a~icns,
foreecr, anJ the s:?id I?iorteagor does hereby (uUy warrant the title to said land, and will drfcnd th~ s:un~ ae:cnst thc l.~w(ul
claims of atl penons whomsoever, provided always that i( \iortgzgor sh~ll pay to ~lortqag~e that certain promissory note abo~•e
described and shall perform all oth~r co~•enants and conditions of said promissory note, and of any r~newal, extension or mali-
fii-ation thereo(, and of this mortgagq thrn this mort¢aqe a~d the fSWI!' her~by cr~ated shaU cease and be null anJ ~nid.
' IliortGagor further eo~•~nants anJ agr~rs with :~tortqagce as (ollows: ~
1. To pay all sums including interest iccured h~r~by when due, as pro~•ide~l fur in said promissory• note and any rrnewal,
e~t~nsion or mod~(icalion thercof and in this mortgag~, all such su~ns to be payabl~ in lawful mone~ o( the L'nitnl States o( ~
:~meri~ a at Alortg:~eee's aforesaid principal o(fice, or at such other place as \lortqaqc~ m~y designate in writinS. ,
' 2. To p~~• w•hen due, and without reyuiring anq notice irom ~fortgag~e, all taxes, assesstnents o( any type or natur~
and other char~es lceied or assessecl against the premises herebr• encumtser~) or any interest of \furtca¢e therein. To imm^diateh• '
p:?y and discharce an~ clai:r., lim or encumbrance ae~inst such prrmises which may be or becu~nr superior to this mortgaee and
to permit no deflult or d~linquen~y on any other lirn. ~ncumbr~nce or charqe :?g:~inst SUC}I pfClilI5C5.
3. If r~uirrcl b~• ~1ort¢a~ee, to also m:?ke monthly deEwsits with rlorte~Re~, in a non-interest brarinq account, tocether
~vith and in addition to interest and princip:+l, of a s~im np~a) to one-hvel[th of the yearly taaes and assessments which may be
Ie~-ird ae.~inst the pr~mises, and ( i[ so r~~uir~~f ) one-t~.rlith of the ~~carh• pr. miunu (or insurance th~reon. Th~ amount o[ such
taxcs, assessme~ts and premiums, whcn unl•nown, shall br estimat~-~l hy !lforteaqre. Such de~x~sits shall be used bp ~lorte~¢c~
to pay such ta~es. assessments and premiums w•hen i1ue. :1m• insa(iici~ nc~ nf su~h account to pz~• such charges wh~n due sh:ill
he paid by \fortqaGOr to \iortgaeee on dcm~nd. I(, by reason of any default by ~iortqaqor under any provision o( this mort-
~1q~, \1ortGa~rr d~~ lares all sums secureci hereby to be due and p:fy:~ble. ~tortqa4ee may then ~pply any (unds in said account
a¢ainst the entire indcbtecfness secured hereby_ The enforce~bility of th~ co~•enants relating to taxes. ass~uments and insurance
premiums her~in otherwis~ pro~•ided shall not be aff~ct~d ex~~pt in so far as those oblieations h~ce been met hy roinplianc~ with
this paraKraph. \torts:+¢~c rn:~y from tim~ to time at ils option w:~i~•c, and aftcr any such wai~•cr rcinstate, any or all proa~isions
hcnrf re~uirinq su~ h(IC~Sl~S, h)' tlOltff to rforte~e~r in writinc- \\'hilr any such w•ai~~cr is in rffcct \iortQaqor shall pay taxcs.
assessments and ensur~ncc prcmiutns as hcrein elsewhere pro~~idcvl.
4. To p~y all t~xes. st~mp tax or other charge which mc~y tx~ ass~ssed upon this tnortc~e~, or saiJ notr, or ind~bte~clness
s~~ureel ty~reb}-. without reeard to any law, FcYltral or State, heretofore or hereafter enactecl, imposine pa?ment of al) or am
part thrrcof u~x~n \Torteaqee. In ecent of enactmeat of any law imposing payment of all or any portion of ~ny such taxes upnn
~[ortcacee_ or the r~nderinS b~ am court o( last resort of a decision that th~ undertaking by ~fortgagor, as herein pro~•ided, to
pay surh tax or taxes is leqally inoperatia•e, thrn, unleu ~lortgaqor ne~~~rtheless pays such tax~s, all sums h~reby s~cured, without
any deducti~n. sh~ll at the option of ~tort¢agee b~come immnliately due and payable, notwithstanding anything contain~d herein
! or any law heretufore on c~re•aft~r ~nactcd. ~
~ S. To kecp the premises insured against lou or damage by fire, windstorm or extendeel coe~rage and such other hazards as ~
€ m.~y be r~quired b}• \iortelece. en form and amounts satisfactory to, and in insurance companies appro~•cd by ~fort¢aqee, and with
:1ffCpl.l~)IP mortcac~e loss pa}~able clauses attachrd. Such polici~s, together with such abstracts and oth~r tide C\'IaPOfC as may ~
P be r~yuir~~! b~ \torte~Scc, shaU b~ (ICII~'fif'(~ to and h~ld by 1liortgagee without liability. Upon forecl~nure of this mortgage or
othrr .lf(~UISIl10(l of th~ premises or any part thereof by ~iortqagee, said policies, abstracts and titlr evidence shall become the
abcalute PfOP!'ft}' OE ~t0f[Q,IQPP.
~ 6. To first obtain, thP written consent of Mortqag~~, such consent to b~ qranted or withheld at the sole discretion o( such
~ \tort~:icc~. ~dore (a` remo~~ing or demolishinG any building now or her~after ercrted on the premises, (b) altering th~ arrange-
rnrnt, desi¢n or structunl character thereof. (t) makirig any repain which im•oh•e the remocal o( strurtural parts or the
~xE~sure o( th~ int~rior of such buildin¢ to the elem~nts. or (d) except for domestic purposes, cuttinK or remo~•ing or permittinq'
th~ cuttine and rPmo~~al of any trecs or timbcr on the prcmiscs.
7. T~~ maintain prernises in ¢oocl condition and repair, includinq but not limited to th~ maki~q of such r~pairs as \torte~g~e
mav from tim~ to tirne detrrmine to be n~cessary (or the preservation of the premises and to not commit nor permit any avaste thereof.
8. To compl~• with all 1aws, ordinances, requlations, co~-enants, conditions and restrictions a(fecting the premises, and not t
to suficr o: permit any ~•iolation thrreo(_
~ 9. If \tort~aeor fails to pay any daim, lien or encumbrance which is superior to this mortKage, or, when due, any tax or ;
~ ~sc~ssment or insuran~c prem~um, or to k~~p the premises in repair, or shall commit or p~rmit waste. or if thcrc be commenced '
~ .~m~ artion or prnc~eclin¢ affectin4 the premises or the tide theceto, then Mortgagee, at its option, may p:?y said claim. lien, rncum-
w bran:e, tac, uscssrn~nt or premium, with riqht of subroqation thercunder, may make such repairs and take such ste~n as it deems
~ :~d~~esabl~ to pre~•ent or cure such waste, and may appear in any such action or proceeding and retam counsel therein, and take ~
~9 surh artion therein :ic ~tortc~eee d~rms ad~•isabl~, and for any of said purposes 1lfortgagee may ad~•ance such sums o( money,
in~~ludin~ all costs. fees and other items of expense at it deems necessary. Mortqaqee shaU be the sole jud¢e of the legality.
:9?
F~ ~~aiidity aud priority of any such claim, lien, encumbrance, tax, assessment and premium, and of the a~nount necesciry to t~e paid
in satisfaction 1}1CfC0~. ~~OfIQiQCC shall not be held accountable for anp delay in making any such pa~'ment, which dclay may
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result in any additional intrrest, cost, char¢es or expense otherwisr.
1~. ~f~~rtea¢or will p~}~ to \lortga~ee, immcdiately and without demand, all sums o( money ad~•ancec7 by 11ortC~eee pursu-
ant to this mortc~¢~. toxether with interest on each such ad~•ancement at the rate of ten p~r cent. (107~ ) per annum, and all
~ such sunn ind intcrest thFreon shall be securrd hereby.
~ I I. :1U sums of money secured her~by shall be payable without any rclief whate~•er from any valuation or appraisement laws.
12. If default be m.~de in payment o[ any instalment o( principal or interest o( said note or any part thercof when due, or
~ in piytn~nt, when ciue o( any other sum secur~d hereby, or in performance of any of Mortgagors obligations, co~•enanb or
~ agrecmenu hereunder. all o( the indebtedness s~cured hereby shatl become and be imm~diately due and payable at tfi~ option of
:4tortga¢ee, without notice or demand which are h~reby eapressly waived, in which e~•ent ~liortqa¢ee may avail itself of all rights
~ and rem~dics, at law or in cquity, and this mortgaqe may be forecloscd with all riqhts and remedies afforded by thc laws of
}lorida and 1lortgagor shall pay all custs, charges and expenses thereof, including a reasonable attorney's iee.
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