HomeMy WebLinkAbout2843 TOCETIIER N'ITH all and singular the tenemcnb, hereditament~ and appurtenanc~ then•u~to ixlonging or io anywise
thereunto appe~taining and thc rents, issues and profits thereof, and also. all the atate, right, title, interat and all claim and
demand wfiats~+ever, as well in law as in equity, o[ the aaid I~tortgagor in and to the same, includi~g but not limitc~cl to:
(a) All eents, protits, revenues. royaities, ~ighu and benetits derived irom ( I) crops grown on said ucurity and produce
. of the soil othe~wise (2) oil, gas or mineral leases ot thc premiaes or any part thereof, oow exi:ting or hereinatter made. and
(S) all othe~ rents, issues and profits o( the premises t~om time to time accruing, whether under leases or tenancies now existi~g
o~ herea(tet created; in each such case with the _right in the l~iortgagee, but only at ita option, to receive a~d receipt the~e(o~
and to apply the same aa it may elect to any indebtedness secured hercby, a~d ihe I?io~tgagee, at its option, may demancl, sue for
and ~eco~•er any such payments, resenti~g to the Mortgago~, however. w b~g as said 1ltortgagor is not in drfault hereunder, the
right to recei~•e and retai~ such rents, issues a~d profits. •
(b) Al! judgments, awards oi damages and settlements herrafter rnade as a result ot or in lieu ot any taking ot the '
premisa or a~y part thereof under the power o( eminrnt domain, or for any damage (whethe~ caused by such taking or othcrwise) }
to the premises or the impro~•cments thereon or any part the~eot; such part of any such judgment, aN~rd or settkment, as th~ ~
I?fortgagee may elect to be applied to the indebtedness hereby secured and the balance thereof, if any, to be resenred to the t
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party or partia otherwise entitteci thereto. ri j
TO HAVE AND TO HOI.D the above granted and describecl premisa to the said biortgagee, its successon and assigns, r !
(orever, and tht said 1liortgagor does hereby fuUy warrant the titlc to said land. and wiU defend the same aga~nst the IawGd ~
rlaims of aU penons whomsoever; provided always that it Mortgagor shall pay to Mortgagee that ccrtain promissory note abo~•e ~ :
described and shaU per(orm all other co~enants and conditio~s o[ said promissory note, and of any renewal, extension or modi- ~ ~
ficatio~ thenwf, and of this mortgage, then this mortgage and the cstate hereby created shall cease and be null and void. "
~ Ilfortgagor further covenanu and agrees with l~~ortgagce as (ollows:
1. To pay a11 sums including inter~st secured hereby wh~n due, as pro~•ided for in said prom;ssory note aed any rrnewal,
extension or moditication thereof and in this mongage, all such sums to be payable in lawful monoy oi the Uoited States of ~
America at Mortgagee s aforesaid principal o[Gce, or at such other place as riongagee may daignate in writing.
2. To pay when du~, and without rcquiring any notice (rom ~tortgagee, aU taxes, asseume~ts of any type or natur~ j
and other charlqes le~•ied or assessed against the prcmises hereby encumbcred or any interat ot ~tortqage therein. To immcdiately
pay and discharge any ciaim, lien or encumbrance against such premises which may be or become superior to this mortgage and
to permit no de(ault or d~linquency on any othe~ lien, encumbrance or charge against surh ptemises.
3. Ii required by Mortgagee, to also make monthly deposits with Mortgagee, in a non-interest beari~g accoun~, together
with and in addition to interest and principal, of a sum ec{ual to one-twelfth of the yearty taxa and assessmenu which may be
le~ied against the premises, and (i( so required) on~-twelfth of the yearly premeums for insurance thereon. 7'he amount of such
taaes, assessments and prcmiums, when unknown, shall be estimatecl by rlottgagea Such deposits shall be used by Mostgagee -
to pay such taxes, assessments and premiums when due. Any insuf[iciency of such account to pay such eharges when due shall •
be paid by I?iortgagor to Mortgagee on demand. If. by reason of any default by Mortgagor under any pro~•isiore of this mort-
gage, I?tortgagee declares all sums ucured hereby to br due and payable, Mortqagee may then apply any funds in said account
against the entirc indcbtedness seeurcd hereby. The en[orceability of the co~•enanu reiating to taxes, assessments and insurance
premiums herein otherwise pro~•ided shall not be affrctnl eacept in so far as those obligations have been met by compiiance with
this para,qraph. 1liortgagce may irom time to time at its option wai~•e, and after any such waiver reinstate, any or aA provisions
hereof reyuiring such d~posiu, by notice to Mort,gagor in writing. While any such wai~~er is in effect Mortgagor shall pay taxes.
assessmenu and insurance prrmiums as herein elsewhere pro~~idecJ.
4. To pay all taxcs, stamp tax or other charge which may be aucssed upon this mortgage, or said note, or indebtedness
secured hereby, without regard to any lsw, Federal or State, hereto(ore or hereaft~r enactcd, imposing payment of ait or any
part thereof upon Mortgagee_ In event of enactment of any law imposing payment of all or any porteon of any such taxes upon
Mortgagee, or the rendering by any court of lut rcsort of a decision that the undertaking by btortgagor, as herein pro~tided, to
pay such taa or taxe~ is legally inoper~tive, then, unless Mortgagor ncwertheleu pay~s such taxa, all sums hereby secured, without
any deduction, shall at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein
or any law hentofore or hercatter enacted.
5. To kcep the premises insurecl against loss or damage by 6re, windstorm or extended coverage and such othrr hazards as
may be required by 11fo~tgagce, in form aad amounu satisfactory to, and in insurance companies approved by I?iongagee, and with
acceptable mortgagee lou payable clauses attached. Such policies, togtther with such abstracts and other title evidence as may
be required by Mortgagee, shall be delivered to and hdd by Mortgagee without liability. Upon foreclosure of this mortgage or
other acquisition of the premises or any part thereof by Mortgagee, said poticies, abstracts and title e~idence shall become the
absolute property of Mortgagee.
6. To fint obtain the written conunt of Mortgagee, avch consent to be granted or withhdd at the sole dixretion ot such ~
; 1ltortgaQet, before (a) removing or demolishing any building now or herea(ter erected on the premises, (b) altering the arrangr
t mont, dcsi~n or structural character thereof, (c) malcing any rcpairs which involve the removal of structural parts or the ~
j , ex sure ot the interior ot such buildin to the elements, or d) eace t for domestic u g or remo~~ng or permitting
Po B ~ P P~, cuttin
i the cutting and removal o[ any trces or timbcr on the pnmises.
~ • 7. To maintain premises in good condition and rrpair, including but not limited to the making of such repain as Mortgagee
~ may Irom time to time determine to be neressary for the preservation of the premises and to not commit nor permit any waste thereof_
~ 8. To comply with all laws, ordinances, regulations, covenants, conditions and ratrictions affecting the premises, and not
~ to suffer or permit any violation thereof.
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9. If Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, whrn due, any tax or
~ assessment or insurance premium, or to keep the premises in repair, or shall commit or petmit waste, or if there be commenced
i any action or procceding atfecting the premises or the tide theretq thrn Mortgagte, at its opdon, may p~y said daim, lien, encum-
brance, tax, assessment or premium, with right o[ subrogation thereund~r, may make such repairs and tate such steps as it deems
i ad~~isable to prevent or cure such waste, and may appeaz in any sueh action or proceeding and retain counsel therein, and tate
such action therein as Mongagee dcems advisable, and !or any of said purposes Mortgagee may advanee sueh sums of money,
; including all cosu, fees and other itans of expenu as it deema necessary. Mortgagee shall be the sole judge ot the kgality,
~•alidity and priority of any such claim, lien, encumbrance, tax, assessment and premium, and of the amount necessary to be paid
in satisfaction thereof. Mo~tgagee shall not be held accountable for any delay in making any such payment, which delay may
result in any additional interat, cost, charges or expense otherwise.
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z ]0. Mortgagor will pay to I?tongagee, immediately and without demand, all :ums of monty advanced by :4fortgagce punu-
i ant to this mortgage, together with interest on each sach advanrement at the rate of ten per cent. (10'Yc ) per annum, and all
such sums and interrst thereon shall be secured hereby,
` 11. All sums of money secured hereby shall be payable without any relief whateeer from any valt~ation or appraisement laws.
€ 12. If default be made in payment ot any instalment of principal or interest o( said note or any part thereof when due, or
c in payment, when due ot any other sum secured hereby, or in performance of any of Mongagor's obiigations, covenanu or
agrcements hereunder, all of the indebtednas secured hereby shall become and be immcdiately due and payable at the option of
~ Mottgagee, without notice or demand which are hereby eapressly waived, in which event Mortgagee may avail itself of all rights
and remedies, at law or in cquity, and this mortgage may be foreclosed with all rights and remedia afforded by the laws of
f Florida and Moctgagor shaU pay all costs, charges and expenxs thereof. including a reasonable attorney's fee.
~ . ~ aooK 2i6 P,~. 2844
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