HomeMy WebLinkAbout2743 TOCETHER W1TH all and sitigular the te~ements, hercdi~amenu ar~d appurtenanca thercunto belonging or i~ anywise
the~eunto appe~taining and the renu. iuuet and pro(its thrreo(, and also all the atate, ~ight, title. interdt and all claim and
dc~nand whatsocver, as weU in law as in equity,~ot the wid I?Sortgagor in and to the iame, including but not limited to:
(a) AA renb. profiu, revenues, royaltia, rights and benetits de~ivcd Erom (1) crops grown on said ucurity and produce
ot the soil otherwise (2) oil, gas or mineral leascs ot the prcmisa or any 'patt thereo[, now cxisting or he~eioafter made, and
(3) all other ~enta, iuues and 'pcofits ot the prrmises (rom time to time accruing, whether under l~ases or tenancies now existing
o~ hereafter created; in each such case with the right in fhe Iliortaagee, but only at its option, to recei~~e and receipt therc[or
and to apply the same u it may elect to any indebtedncss tecured hereby, and the Mortgagee, at its option, may dcmand, sue for
a~d reco~•er any such payments, resen~ing to the Mortgagor, however. so long as said 1ltortgagor is not in a~fault hercunder. thc
~ight to receive and retain such rents, iuua and profits.
(b) All judgments, awards of damages and setticmente hereafter made as a rault of or in lieu of any tiking of the
premisa or any part thereot under the power of eminent domain, or for any damage (whether caused by such taking or atherwise)
to the premises or the improeements thereon o~ any part the~eof ; such pan p! anr wch judgment, award or settlement, as th~
Mortgagee may elect to be applied to_ the i~debtedness hereby secured~nd the balance thermt, if any, to be r~sen~ed to the
pazty or patties otherwise entitlcd thereto.
TO IiAVE AND TO HOLD the above granted and dacribeel premesn to the said 11~ortgagce, ita succeuors and assigns,
Iorcver, and the said 1liortgagor does htreby fully warrant the title to said land, and will detend the same aga~nst the law(ul
Z?claims of all penops whomsoe~er; provided always that if l~iortgagor shall pay to Mortgagce that ccrtain promissory note abore ~
drscribed and shall,per[orm all other co~•enants and conditions of said promissory note, and of any renewal, extension or modi-
. fication'Ehereof, and of this mortgage, then this mortgage and tht esiate hertby created shall cease and be null and void.
I?iortgagor (urther co~•enants and agrees with :lfortgagee as tollows:
1. To pay all sumt i~cluding interest securcd hereby when duc, as provided for in said promissory note and any rrncwal,
exte~sIon. or ttwdification thereof and in this mortgage, aU such sums to be payable in law[ul money of the United States of ~
Amenca at Mortgagee's aforesaid principal ot~cc, or at such other place as I?{ortgagee may designate in writing_ ;
2. To pay when due, and without requi~ing any notice from Mortgagce, all taxes, ass~ssments o( any type or n~turc
and other charges le~~ed or assessed against the ptemurs hereby encumbe~eci or any interest of liortgage therein. To immediately
pay and dixcharge any ciaim, lirn or encumbrance against such premises which may be or become superior to .thi: mortgage and
to permit no default or delinquenry on any other li~n, encumbrance or charge against such premises.
3. If required by 111ort,qagee, to ~Iso make monthly deposits with 1ltortgagee, in a non-interst bearing accouat, toQethe~
with and in addition to interest and principal, of a sum equal to one-twelfth ot the yearly tanes and assessments wfiich may be
le~tied against the pmmifes, and (i[ so requirecl) on~-twelfth of the yeady premiums tor insurance thereon. The amount o[ such
ta~ces, asseuments and premiums, wh~n unlcnown, shall be atimatcYl by 111ortgagee. Such' deposits shall be used by Mortgagee
to pay such taxa, ass~ssments and prcmiums when due. Any insufficiency of auch account to pay such charges when due shall
be paid by 1liortgagor to I?iortgagee on demand. If, by reason of any c1e(ault by Mortgagor under any provuion of this mort- ~
gage, 111ortgagee declara al! sums secured hereby to be due and payable, Mortqagee may then apply any funds in said account ~
against the entire indebtedness secured hercby_ The enforceability of the co~~tnants relating to tazes, asseumenu and insurance
pr~miums herein othrrvaise provided shall not be affected except in so far as those oWigations have bcen met by compliance with
this paragraph. I?1ort~agee may from time to time at its option waive, and after any such waiver r~instate, any or all provisions "
hereof requiring such d~posiu, by notice to Mortgagor in writing. ~Vhile any such wai~•er is in effect vlortgagor shall pay taxes.
assessmenu and insurance premiums as hereia elsewhere provided.
4. To pay all taxes, stamp tax or othtr charge which may be assesxd upon this ~nortgage, or saiJ note, or ind~btedneu
srcured hereby, without regard to any law, Federal or State, h~retofore or herea(ter enacted, imposinq papment of all or any
part there~ot ~pon 1ltortgagee. In event of enactment o( any law imposing payment o( a11 or any portion of any such taxes upon
Mortgagee, or the rendering by any court of last mort of a decision that the ur~dertaking by Afortgagor, as herein pro~ided, to
pay such tax or taxes is legalty inoperativt, then, unless I~tortgagor nevenhdess pays such taxes, all sums hereby secured, without
any deduction, shall at the option of Mortgagee bernme immediately due and payable, notwithstanding anything rnntained herein
or any 1aw h~retofore on c~reafter enactcd. ,
S. To keep the premises insured against loss or damage by fire, windstorm oc extended coverage and such other hazards as
may be required by 4tortgagee, in form and a~riounts satis(actory to, and in insurance companies approved by ~iortgagee, and with
acceptabte mortgagee loss papable clsvsea attached. Such policies, together with such abstracts and other tide evidtnce as may
bc mquired by Mortgagee, shall be ddirercd to and. held by Mortgagee without liability_ Upon foreclosure of this mortgage or ~
other acquisition of the premises or any part thereof by Mortgagee, said policies, abstracu and title evidence ahall become the ~
~ abaolute property o[ Mortgagee.
6. To fint obtain the written consent of Mo~tgagee, such consent to be granted ar withheld at tht sole discretion oi such ~
ifortga~ee, before (aj removing or demolishing any building now or hereafter erected on the premises, (b) altering the arrange-
ment, desi¢n or structural character thercof, (c) making any repairs which involve the remo~al of structural parts or the
t exposure ot the int~rior of such building to the elements, or (d) except [or domestic purposes, cutting or removing or permitting
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the cutting and removal of any trces or timber on the prcmises.
I 7. To maintain premises in good condition and repair, includirtg but not limited to the making of such repairs as Mortgagee
~ may from timc to time detcrmirte to be necessary for the praervation oE the premises and to not commit rar permit any waste thereof.
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~ 8. To comply with all laws, ordinartca, regulations, covenants, conditions and restrictions affecting the premues, and not
' to suffer or permit any viotation thereof.
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i 9. If Mortgagor iails to pay any claim, lien or encumbrance which is superior to this martgage, or, when due, any tax or
f auessment or insunnce prcmium, or to keep the premises in repair, or shall commit or permit waste, or if therc be commenced
~ any action or proceeding affecting the premises or the title thueto, then Mortgagee, at its option, may p~y said claim, lien, encum-
bra~ce, tax, assessme~t or premium, with right of subrogation thercunde~, may make such repairs and take sueh steps as it deems
' ads~isable 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 Mortgagee deems advisable, and for any of s~id purposes Mortgagee may advance such sums oi money,
~ including all cosu, fees and other items of expense as it deems necessary. Mortgagee shall be the sole judge o[ the lcgality,
! ~•alidity and priority ot any such daim, lirn, encumbrance, tax, assessment and premium, and of the amount necessary to be paid
t in satisfaction th~reof. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may
' result in any additional int~rest, cost, charges ot expense otherwise.
~ 10. :~iortcagor will ~y to 1lfortgagee, immediately and without dcmand, all sums of money advanced by Mortgagee punu-
i ant to this mertgage, together with interest on each such advancemeot at the rate of ten per cent. { lOr/c ) per annum, and all
such sums and intcrest thereon shall be secured hereby.
; 1 l. All sums of money secured hereby shall be payable without any relicf whatever from any valuation or appraisement laws.
? 12. If detault be made in payment of any instalmrnt of principal or interat of said note or any part thereof whrn due, or
in paymrnt, when due of any other sum secured hercby, or in performance of any ot Mongagor's obligations, covenants or
x agreements hereunder, all o( the indcbtedness secured hereby shall become and 6e immediately due and payable at the option of
Mortgagce, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itseli o( all righu
~ and remedies. at law or in equity, and this mortgage may be foreclosed with all righb and nmedies af[orded by the laws of
Florida and Mortgagor shall pay all cosu, charges and expenxs thereof, including a reasonable attorney's fce.
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