HomeMy WebLinkAbout2746 'I'OCSTHER WITH ali and sinaula~ the tenemeats, heredituaents and appurtmances thercunto bdoaging or in anywiu
thereunto appertainina and the ~eats. iuup and p~oGts t6ereot, and alw aU the atate, ~ight, title, interat and ap claim and
demand whatsoeve~, as wep in iaw aa ie~ equity, ot the aaid Mo~tgagor in and w the tame~ includins but not limited to:
(a) AU rents~ profiu, revenua~ royaltid, ~ighu and bea~q derived [rot~ (1) crops ~own on said security and produce
o( the soil otherwise (2) oil~ aas or mine~al leaia of the premisa qr any put thereot. now ezisting or hercinafter made, and
(s) all other nnts, i~ues and 'pmtib of the premixa !wm time w time accruina, wbether •under leases or tenancin now existing
or herea[te~ cteated; in cach such case with the right in the Mort~gee, but o~ly at ib option, to receive and receipt there(or
and to apply the same ~ it may elect to anr indebtednen secured hereb~r, and the 111ortgagcr, at its option. may demand, sue tor
and recover any such payme~ts, reserving to the Mortgaaar, howrvet, so bna as said Mortgagor is not in default hereunder, the
reght to receive and retain :uch ~enb, issuea and proGts.
(bj A!1 judgments, awards of damages and settlements henaftrr made as a result ot or in lieu of any taking oi the
prcmises or any part thereof under the power of cminent domain, or for any damage (whether caused by such taking o~ othcrwise)
to the premises or the impro~~ements thereon or any part thereot; such pan ot any such judgment, award or settlement, aa the
Mortgagee may elect to be applied to the indebtedness hereby secured and the balance ehereo(, if aoy, to be reurved to the
pasty or partia otherwise enteUed thereto.
` TO HAVE AND TO HOLD ihe abo?e granted and described premises to the said Mo~tgagce, its successors and auigns,
r tore~er, and thO said Mortgago~ does hercby fully warrant the title to said land. and wifl defcnd thc same agaenst the law[ul
claim3 ot all peAons whomsoe~•er; pt»~~ded always that i[ Mortgagor shall pay to Mortgagec that certain promissory note abo~•e
described and stiaU perform all other covenanu and conditions of said promiuory notq and of any reaewal, extension or nwdi-
fication thrreof, and oJ this mortgage, thtn this mortgage and the ~state hercby created shaU cease and be null and ~~oid.
Mongaaor further covrnants and agrees with Mortgagee as follows:
~ 1: To pay a1) sums including interest secured hereby when due. as provided for in said promiuory note and any renewal,
extension o~ mod~tication thercof and in thu mortgage, aU such sums to be payable in law(ul money of the United States of
America at Mongageds aforesaid principal office, or at such other place as Mortgagee may designate in writing.
~ 2. To pay when due, and without rcquiring any ~otice from Mortgagee, all taxes, asseuments of any type or nature ?
and other charges In•ied or asussed against the premifes hereby encumbered or any interst oi Mortgage thenio. To immrdiately ~
\ pay aRd discharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and
to permit no de(ault or delinquency on any other lien, ~ncumbr~nce or charge against such premiscs.
3. If required by A~ottgagee, to also make monthly deposits with Mortgagte, in a non-interest bearing account, togethcr ~
with and in addition to interat and principal, o( a sum" equal to one-twelfth of the yearly taxes and assessments which may be
lea~ed against the premius, and (if so rcquired) onc-twelfth of thc ~~arly premiurtu for insurarece thereon. Tho amount of such
taxes, assasments and prcmiums, when unknown, sbaU be estimatcd by Iltortgagee. Such deposits shall be usec! by Mortgagce
to pay such taxu, as,ussments and premiums when due. Any insutficiency of such account to pay such charges when due shaU
. be paid by ~iortgagor to \tortgagee on demand. I[, by reason o! any default by Mortgagor under any provuion of this mort-
gagr, 1lfortgagee declares all sums secured hereby to be due and payable, biortgagee may then apply any funds in said acrount
agairut ihe entire indebtedness secured hereby. The enforceability of the covenants relating to taxes, assessments and insurance
premiums herein othenvise prm•ided shall not be affected except in so far as those obligations ha~•e been met by compliance with
this paragraph. I?iortqagee may from time to time at its option waive, and aft~r any such wai~~er reinstate, any or ali provisions
hereo[ requiring such deposits, by notice to biortgaqor in writing. ~Yhile any sach waivtr is in effect 1ltortgagor shall pay taxa,
assessmrnts and insurance premiums as herein elsewhere provided.
4. To pay aA taxes, stamp tax or oth~r charge which may be assessecl upon this mortgage, or said note, or indebtedneu
secured hereby, without reqard to any law, Federal or State, heretoforc or henatter rnact~d, imposing payment of all or any
part thereof upon riortgagee. In event of enactment of any law imposing payment of atI or any portiore of any such taxa upon
blortgagee, or the rendering by any court of last resort of a decision that the undertaking by ~fortgagor, as hercin proa~dcd, to .
pay such tax or taxa is legally inoperati~e, then, unless Mortgagor nnertheless pays such taxes, all sums h~reby secured, without
any deduction, shall at the option oE Mortgagee become immediately due and payaWe, notwithstanding anything contain~d herein
or any law heretofore or hereafter enacted.
5, To keep the premises insured against lass or damage by fire, windstorm or eztended coverage and such other hazards as
may be required by lfortgagee, in form and amounts satisfactory to, and in insutance compania approved by I?fortgagee, and with
acceptable monqagee lou payable clauses attached. Such policies, togecher with such abstracts and other title e~•idence as may
be required by I?iortgagce, shall be delivered to and hdd by Mortgagee without liability. Upon forec)osure of this mortgage or
= other acquisition o( the pr~mises or any part thereof by Mortgagee, said policies, abstracts and Utle t~tidmce shaN become the ~
'I absolute proprrty of Mortgagce.
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; 6. To rrst obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole dixretion o! such
E Aiortga~~e, b~fore (a) removing or demolishing any building now or hercafter erected on the prcmisa, (b) altering the arrange-
( ment, desicn or structural character thereof, (c) malting any rcpain which in~vlve the removal of structural parts or the
~ exposu~e o[ the interior of such building to the elements, or (d) eucept for domestic purposa, cutting or removing or permitting
the cutting and remo~al of any trces or timber on ihe prcmisa.
7. To maintain premises in good condition and repair, including bat not limited to the making of such repain as Mortgagee
may (rom time to time determine to be necessary for the preservation of the premixs and to not commit nor permit any waste thereof.
~ 8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the premises, and not
~ to suffer or permit any violation thereof_
f 9. 1[ Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or
j assessment or insurance nremium, or to keep the premises in repair, or ahall commit or permit waste, or if there be commenced
! any action or proceeding affecting the preraises or the 6de thercto, ehen Mortgagee, at its option, may pay said claim, lien, encum-
E b~ance, tax, assessment or premium, with right o( submgation thereunder, may make such repain and tate such steps as it deems
c advisable to prevent or cure such waste, and may appear in any such action or proceeding and retain couns~l therein, and take
` such action therein as Mortgagee derms advisable, and for any of said purposes btortgagee may advance such sums of money,
i including ali costs, fees and other itans of expense as it detms necessary. Mortgagee shall be the sole judge of the legality,
i ~•alidity and priority of any such daim, lien, encumbranct, tax, auasment and premium, and of the amount necessary to be paid
j in satisfaction thereoL Mortgag~e ahall not be held acwuntable for any delay in making any such payment, which delay may
~ result in a~} additional interest, cost, charges or expense othenvise.
; 10. MortgaQOr wiU pay to Aiortgagee, immtdiatdy and without demand, aIl sums of money advanccd by lfort,qagee pursu-
~ ant to this mortgage, together with interest on each such advaocement at the rate of ten per cent_ ( lOr/c ) per annum, and all
1 such sums and interest thereon sha11 be secured hereby.
_ 11. A11 sums of money sccured hereby shall be payable without anr rdief whatever from any valuation or appraixment laws.
= 22. If dr[ault bc made in a ment of an
~ A Y y instalmrnt of principal or interat of said note or any part thereof when due, or
in payment, when due o( any other sum secured hereby, or in pedormance of any of Mortgagor's obligations, cove~ants or
- agreements hereunder, aU o( th~ indebtedness secured hereby shall become and be immcdiately due and payable at the option of
~ Mortgagee, without notice or demand which are hereby enpressly waived, in which event Mongagee may avail itself of a11 rights
~ and remedees, at law or in equity, and this mortgage may be foreclosed with all rights and remedia af(ordcd by the laws of
Florida and Mortgagot sha0 pay all costs, charges and expensa thereof, including a rcasonable attorney's fee.
goo~ 2~6 2747 aooK 216 PAff 1452 ~
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