HomeMy WebLinkAbout1452 TOGET}iER WITH all and ungula~ the tenemenb. he~editamenu aod appurteuances the~cunto Ixbnaing or io anywise
thereunto appe~taining and the n~ts, iuua and protiti thereol. and also all thc atate, right, title. inteteat and aU ciaim and
demand whatsoever~ u weU in law as in equity, o( the taid Mortgagw in and to the iame, including bat not limitcd to:
(a) AU rents, pm(ita, reve~us, royaltia, righu and bcnefits derived (rom ( i) cmps grown on uid security and produce
of the soil otherwise (2) oil. gas or minera! leaxa ot the premises or any put thereot, now rxisting or hereinatte~ made, and
(3) all other rents, iuues and 'protits of the pretnisa Irom time to time accruing, whether undet leases or tenancics now existing
or hercafter created; in eacA such case with the ~ight in the Mortgagee. but only at its option, to rrceive and recript therefor
and to apply the same as it may elect to any indebtedness secured hereby, and the riortga6re, at its option, may Jemand, sue tor
and reco~~cr any such paym~nts, reserving to the I?iortgagor, however. so long as said biortgagor is not in detault hcreunde~, the
right to receive and retain :uch rents, issues and protits.
(b) All judgmcnts, awards o[ damages and setdemenb hereaker made aa a result oi or in lieu o( any wking of the
premises or any pan thereo( under the pawer oi eminent domain, or for any damage (whcthtr caused by such t~king or otherwise)
to the premises or the impro~•emenb thereon or any part thereo(; such part oE any sach judgment, award or settlement, as the
Mo~tgagee may elect to be applied to the indebtedness hereby secured and the balance thereof, i( any, to be reserved to the
puty or parties otherwise entitlcrl thereto.
TO I~AVE AND TO fIOLD thc above granted and dcscribed premises to the said 111ortgagee, its successon and assigns, ~
(oreeer, and the saiJ Mortgagor does hereby tully warrant the title to said land, and will defend the ~?me aga~nst the lawl~e]
claims of all persons whomsoever; pro~•ided alway; that if Niortgagor shal) pay to 1?tortgagee tbat certain promissory note aboee
described and shall pedorne a!! other covrnants and conditio~s o( said promissory note, and of any renewal, extension or modi-
fication thercoi, and of this mortgage, then this mortgage and the cstate hereby created shall cease and be ~ull and void.
Mortgagor Iurther covenants and agrees with I~tortgagee as follows:
1. To pay all sums including interest secured hereby when due, as provided tor in said promissory note and any renewal,
cxtcnsion or mod~fication thereof and in this mortgagq all such sums to be payable in lawful mo~ey o( the United States of
Amcrica at Mortgagee's afor~said principal of6ce, or at such other place as Mortgager may designate in writing.
2. To pay wh~n due, and without requiring any notice from Afortgaqee, all taxcs, ass~ssmcnts ot any type or naturc
and other charga In~ied or assessed against the premisa hereby eacumbered or any interat of ~iortgage therein. To immnliat~ly
pay and discharge any claim, lien or encumbrance aqainst such premises which may be or becom~ superior to this mortgage and
to permit no de(ault or delinqu~ncy on any oth~~ lien, encumbrance or charge against such premises.
3. ]f required by biortgagee, to atso mak~ monthly deposits with I?iortgagcY, in a non-inte~est bearing account, toq~th~r
with and in addition to interat and principal, of a sum equal to on~-tw~lfth of _the yearly taxes and asstssments which may be
le~~ied against the prcmises, and (ef so requirni) onr-twelfth o( the yearly premiums for insurance thereon. The amount of such
taxes, assessments and prcmiums, when unknown, shall be estimatect by Ilfortgaqee. Such deposits sha11 be used by Mortgager
to pay such taxes, :useuments and premiums when du~. 4ny insuf(iciency oi such account to pay such charges wh~n due sh~ll
be paid by I4tortgagor to biortgagte on demand. If, by reason of any dcfault by :lfortgagor under any provision of this mort-
gag~, ~fortgagee clcclares all sums secured hrreby to be due and pzyable, Mortgage~ may then apply any [unds in said account
against the entire indebtedn~ss scrured hereby_ The enforccability of the corenants relating to taxes, assessments and insurance
pr~miums herrin oth~rwis~ pro~•id~d shall not be aficcted except in so far as thase obliqations ha~~e been met by complianc~ with
this paragraph. Atort¢aQee may from time to time at its optiort waive. and afi~r any surh wai~•er rcinstate, any or all provisions
hereof requiring surh drposits. by notice to 1liortqagor in writirtg. \Yhile any such wai~•er is in e(fect Mortgago~ shall pa~ ta~es,
assessments and insurance premiums as he~ein elsewhere procided.
4. To pay all taxes, stamp tax or other cAarge which may be aatessed upon this mortgag-, or said note, or indebtedness
secured hereby, without re¢ard to any law, Fecieral or State, heretolore or he~eafter enacted, imposinQ pa}~nent o( al! or any
part thercof upon \fortcagce. In event o( enactment of any law imposin¢ payment of all or any portion of any such taxes upon
Mortgagee, or the rrndering by any court oi last resort of a decision that the undertaking by Mortgagor, as herei~ pro~~ided, to
pay such tax or tax~s is leqally inoperativq then, unless I?iortgagor ne~~enheleu pays such ta~ces, all sums hereby secured, without
any deduction, shall at the option of Mortgagee become immediately due and payabte, notwithstanding anything contained herein
or any law heretofore on c~reafter enactrd.
5. To kecp the premises inwred against loss or damage by fire. windstorm or rstended co~~erage and such other hazards as
may be required by '.liortgagee, in form and amounts satis[actory to, and in insurance companies approved by 1liortgagee, and with
acc~ptable mortqa¢~e loss payable clauses attached. 5uch p~licies, together with such abstracts and other title evidenee as may
bc required by Mortqagee, shall be deli~~tred to and held by Mortgagee without liability_ Upon foreclosure of this mortgage or
other acquisition of the premises or any part thereo( by I~fortgagee, said policies, abatracts and title evidence shall become th~
absolute proprrty of ~~ortqagee.
' 6. To fint obtain the written consent of Mortqageq such consent to be granted or withhdd at the sole discrction oI such
9lortqaeec, be~fore (a) removing or demolishing any building now or hereafter erected on the premisa, (b) altering t6e arrange-
ment, desi¢n or structural character thereof, (c) mating any repain which incol~e the remo~al of structural paru or the
~ exposure of th~ interior of such building to the elementt, or (d) except for domntic purpoxs, cutting or removing or permittinq
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E the cuttin¢ and r~~nocal of any trres or timber on the prcmisa.
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't 7. To maintsin premises in good condition and repair, ineluding but not limited to the mating of such rrpain as :liortgagee
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may (rom time to time det~rmine to be n~cessary for the preservation of the premises and to not commit nor permit any waste thereof.
i 8. To comply with all laws, ordinances, rcgulations, coaenants, conditions and restrictions affecting the premises, and not
~ to su(fer or prrmit any violation thereof.
~ 9_ I[ 1liort a or fails to a an claim, lien or encumbrance which is su
c g g p y y perior to this mortgage, or, when due, any tax or
usessment or insurance premium, or to i~eep the premises in repair, or shall commit or pertnit waste, or if there be commenced
' any action or procceding affecting the premises or the tide thereto, then Mortgagee, at its optio~, may pay said claim, lien, encum-
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~ brance. tax, asseument or premium, with right of subrogation 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 coansel therein, and take
su~h action therein as Mongagee deems advisable, and for any of said purposes Mortgagee may advance such sunu ot money,
incladinq all costs, fees and other items of eapense as it dcems necessary_ Mortgagee sha11 be the sole judge of the legality,
~•alidity and priority of any such claim. lien, encumbrance, ta~c, aueument and premium, and of the amount necessary to be paid
3 in satisfaction thereof. I?iortgagee shall not be hdd accountable for any dday in making any such payment, which delay may
q result in any additional interest, cost, charges or expense otherwise.
10. tiiortga¢or will pay to Afongagee, immediately and without demand, all sums of money advanccd by ~tortgacee pursu-
ant to this mortqaqe, together with interat on each wch ad~•ancement at the rate o! ten per cent. { 10~,"c ) per annum, and all
such sums and intcrest th~reon shall be securcd hereby.
11. All sums of money secur~d hereby shall be payabic without any relief whatever from any valuation or appraisement laws.
12. If default be made in payment of any instalment of principal or interest of said note or any part thereof when due, or
~ in payment, when due of any other sum secured hereby, or in performante of any of Mortgagor's obligations, covenants or
a agrecments hercund~r, all of the indebtedness ucured hereby shall become and be immediately due and payable at the option of
Mortgagee, without notice or demand wbich are hereby espressly waived, in which event Mortqagte may a~•ail itself of all rights
` and remedies, at law or in cquity, and this mortgage may be foreclosed with all rights and remedies alforded by thc laws of
~ Florida and ?liortgagor shall pay all costs, charg~s and expenses thereof, including a reasonable attorney's fee.
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