HomeMy WebLinkAbout1435 TOGETHER WITH ali and singular the teneRi~nb, hercditamrnu anJ appurtenances thrn•unta lxlonginq ur in anywisr
thereunto appcrtaining and the rents, issues and pro(its thcreot. and also all the atate, right, titlc, interest and all claim and
demand whatsocve~, u well in law as in equity, o( the said Atortgago~ in and to the same, includi~g but oot limited to:
(a) All rents, proliu, re~~enues, royalties, rights and benrfits derivcd trom (1) crops grown on said security and p~oducr
o( the wil otherwise (2) oii, gas or mine~al leases o( the premiscs or any part thereof. oow cxisting or l~ereinatter macle, and
(3} alt other rents, iuues and "proTts of the prcmisd from time to time accruing, whether under leaus o~ tenancits now existinq
or hereafter crcatc~f; in each such cau with the right in the 1ltottgagee, but only at it: option, to recei~•c and recript therefor
and to apply the same as it may elect to any indebtalness securcd hercbp, and the \to~tgagee, at its option, may ~ie~nancl, su~ for
and recove~ any such pa~~nents, resen•ing to the Afortgagor, howe~•er, so long as said I~tortgagor is not in defaul~ hereunde~, the
right to recei~•e anc! ~etain such renls, isseies and profits.
(b) AU judgtnents, awards ot d.unar;es ~nd setdein~nts her~:?ftcr made as a result o( or in licu of any taking of thr
prcmises or a~y part th~reo( undcr the power of cmin~nt domain, or tur any damaRe (wheth~r c~used by such tal•ing oi othcrvris~l
to the premises or the impro~~ements th~reon or any part thereof ; such part of any such judFm~nt, a~vard or uttkmrnt, a~ th~
I1lortgagee may elect to be applied to the indebteciness hereby secure~d and the balance ~h~reof, if any, to b~ resen•rd to t}?e
party or parti~s othenvise ~ntitleYl theieto.
TO }lAVE A\D TO liO1.D the above grantecl and druribe+l premists to the said 1lfortgaQce, its succeuors and assicns,
fore~•cr, and the said 1liortcagor does hereby lully warrant d~t title to said land, and will defcnd tho s:~mc aqainst thc la~vf~d
~ claims of all p~rsons whomsoe.•er; pro~•ided always that if \tortgagor shalt pay to blort¢aq~e that certain promissory note 3b0\'~
dcuribed and shaU perform all other corenants and c~nditions ot said promissory note, and o( any renewal, extension or mali-
tication ihereol, and of this mortgag~, then this mortql¢~ and the estate hereby created shall cease and lx null and ~roid.
1lfortgagor (urther ~ov~nanu and a,qrces with \tortgagee as follows:
1. To pay all s~ims including interest secured h~reby wh~n duc, as proeidcd (or in said promissory note and any r~ncwal,
exteosion or mod~ficatiort thereof and in this moctgage, all such sums to be payable in law(ut mon~y of the LTnited States of
America at Mortgagoe's afor~said principal o(fic~, or at such other place as ifortgagee may designate in writing.
2. To p.~y when duq and without requiring aey notice from ~fortgage~, aU taxes, auessmcnts o! any type or n~turc
and other charges Ie~•icd or assesteci against the prcmises h~~eby encumbern! or any interest of ~tortqage therein. To immediately
pay and discharce any claim, lirn or encwnbrance aeainst such prcmises which may be or bccome superiot to this mortgage and
to permit no default or delinqurncy on any other 1ien. rncumbrance or charge against such premises.
3. If requirnl by 1lfort¢aece. to also 1111~(P monthly d~posits with biortqaQce, en a non-interest bcaring accuunt, toGeth~r
with and in addition to iMerest and principal, of a siun a~ual to one-t~velfth of the yearly taxes and assessments which may be
levird a~ainst thc pr~mis~s, and (i[ so requircd) on~-twcl(th of the ycarly prcmiums for insurance thereon. The amount of such
ta~ces, asussments and premiums, when unknown, shall be estimated by \tortQagea Such deposits shall be used by ~lortglgee
to pay such taxes, asseuments and premiums M•hen deu. An~ insufficiency of such account to pay such eharges w6~n due shall
be paid by ~tortgagor to \tortgaqce on d~mand, If, by reaso~ of any defauit 6~• Mortgaqor under any provision of this mort-
gage, 1lfortSa~ce d~clarts alt sums secured h~rcby to tx due and payable, ~fortqager may then apply any funds in said account
against the cntirc ind~btedness sccurrd hercby. The enforceability of the cm•enants relatinq to taxes, asussments and insurance
pr~miums herein othcrwise pro~•id~d shall not be affected except in so far as those oWiqations ha~•~ been met by complianc~ with
this paraqraph. 111ort¢ag~~ may from time to time at its option waivc, and aiter any such wai~~er reinstate, any or all provisions
f~~reof requirinq such deposits, by notice to Ilfortgagor in writing. 5Vbi1e any such waiv~r is in e(fect Mortgagor shail pay taaes.
assrssments and insurance premiums as herein els~where pro~•ided. ~
4_ To pay all taxes, stamp tax or oth~r charge which may be asx~urcl upon this mort¢ag~, or s~id not~, or indebtedness
secured hereby, without regard to any law, Fnleral o~ 3tate, heretofore or hereafter enacted, imposinQ payment of all or any
part thereot upon \fortq:?g~e. In ch•~nt of enactment of any law imposing payment of a!I or any portion of any such t:~xes upon
Mortgagee, or thc rcndering by any court of last resort of a dec'ision that the undertaking by I1lortgagor, as hercin proviJed, to
pay such tax or taxcs is ]cqally inoperati~~e, then, unless I?lortgagor nev~rtheleu pays such taxes, all sums hercby secured, without
any deduction, shall at the option oi ~iortgagce become immediately due and payable, notwithstanding anything containecl herein
or any law h~retofore on c~r~a(ter enacted.
5. To k~ep the pr~mises insured against lou or damage by fire, windstorm or extended coverage aad such othrr hazards as
may be required bq ;l[ortgaqee, in [orm and amounts satisfactary to, and in insurance companies appro~•ed by I?fortgagee, and with
acceptable morteaQce loss payable clauses attached. Such policies, together with such abstracts and other title evidence as may
be required by Mort¢agec, shall be deli~•erecl to and held by Mortgaga without liability. Upon foreciosure of this mort,qage or
other acquisition of the premises or any part tF~ereof by biortgagte, said policies, abstracts and title e~•idrnce shall become thP
absolut~ pcopert~ of !lfort¢agee.
6. To (int obtsin the written consent of 11~ort¢agee, such conxnt to be granted or withheld at the sole discrction of such
~fortqaG~e, before (al removing or dcmolishing any building now or hereafter erected on the p~emises, (b) altering the arrange-
j ment, desi¢n or structural character therrnf, (c) mating any repain which imolve the removal of struetural parts or the
i expusure of the inte~ior o( such building to the elem~nts, or (d) except for domestic purposa, cutting or rnnoving or permittinq
! th~ cuttine and remaaal of any trces or timber on the prtmises.
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j 7. To maintain premises in ~qood conditeon and repair, including but not limited to the making o( such repairs as ~Sortgaqee
m~y trom time to time det~rmine to be necessary for the preservation of the premises and to not commit nor permit any ~vaste thereof.
~ 8. To comply with all laws, ordinanca, requlations, covenants, conditions and ratrictions affecting tht premiscs, and not
f to suffer or pern?it any violation thcreo(.
s 9. if 1liort¢a~or fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or
assessment or insurance premium, or to keep the premises in repair, or shall cammit or permit waste, or if there be commenced
~ any a~tion or proc~eding afkcting the premius or tht title thereto, then Mortgagee, at its option, may pay said claim, lien, encum-
! brance, tax, azs~ssmcnt or premium, with right of submgation thereunder, may make such repain and tate such step~ as it derms
adrisable to pre~•ent or cure wch wute, and may appear in any such action or proceeding and retain counsel therein, and take
~ such a~tion therein as Ttortgage~ deems advisable, and for any of s~id purposes :liortgag~e may advance such sunu of money,
includinq ail costs, fers and other items of expense as 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 of th~ amount necessary to be paid
in satisfaction thercof. ~iortgagee shall not 6e held accountable for any delay in making any such paym~nt, which d~lay may
: result in any additional intrrest, cost, charges or eapense otherwise.
10. !liortqa¢or will. pay to lfortgageq immediately and without d~mand, all sums of money advanccd by :lfortqagce pursu-
ant to this mortea4e, together w~ith ent~rest on each such adcancement at the rate of ten prr cent. (10~/c ) per annum, and all
such sums and intcrest thercon shall be secured hereby.
I1. :111 sums of money secured hereby shall be payable without any relief whate~er (rom any valuation or appraisement laws.
12. I( default 1x~ made in payment o( any instalment of principal or interest of said note or any pazt thereoi when due, or
' in pa>ment, when due of any other sum secured hereby, or in performance o( any of Iliortgagor's obligations, covenants or
agreemenu hereunder, all o( the indcbtedneu secured hereby shall become and be immediatcly du~ and payable at th~ option of
4 Mottgagee, without notice or dcmaod which are hereby expressly waived, in which e~ent ~iertgagee may a~ail itself of all rights
and remedies. at law or in equity, and this mortgage may be foreclosed with all riqhts and remedies at(orded by the laws of
Florida and Mortgagor shall pay all costs, charga and expenses thereof, indudi~g a reasonable attorney's fee.
- 80L~c 2~~ PAGf 14J~
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