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HomeMy WebLinkAbout2971 TOCETHER WITH all aod singular the te~emenq, aersditameMs a~d apputtenance: thercunto bebnging or in anywix thcrtunto appertaining and the renb, issua and pro(its, thereol. and al~o aU the eitate. right, title, inte~at and aU claim and deenand whatsoever, u well in law as in equity, ot the said Mo~tgagor i~ and to tlie wme. including but not limited to: (a) AU rents, profiu. revenua, royalties, rights and benefib dcrived irom (1) crops grown on wid security and produce ot the soil othe~wise (2) oil, gaa or mine~al lease: ot the premisa o~ any psrt thereof. now existing or hereinatter made, and (3) all other ~ents, issues and 'protits ot the premises (wm time to time ~ccruing, whetAe~ uncter leases or tenancia now existing or he~eafte~ created; in each such case with the right i~ ihe I?iortgagee. but only at its option, to receive ared rrceipt therefor and to apply the same as it may elect to any indebtednest tecured hereby, and the Mortgagee, at it: option, may demand, sue fot and recorer any such payrnenb, raecving to the Mortgago~, however, so bng u said Mortgagor is not in defauit henunder, the ~ right to receive and retain auch re~ts~ issua and profits. (b) All judgmenu, awards of damaget and uttlements he~caiter rtwde as a re~ult ot or in lieu of any tating of the ! prcmises or any part thereof under the power of eminent domain, or [or any damage (whether cauud by such taking o~ otherwise) to the premises or the improvements thereon o~ any part thereof ; such part of any such judgment, award or uttlement, as the Mortgag~e may elect to be applied to the indebtedneu hereby xcured and the balance thereo[, it any, to be reserved to the ~ party ar partia otherwiu entitled thereto. TO HAVE AND TO IiOLD the above granted and deuribed prrmisa to the said Mortgagee, its succcsson and assigns, forcver, and the said Mortgagor does henby lully wartant the title to said land, and will defend the same agairut thc law[ul clair~u of aU penons whomsoever; provided always that if Mottgagor shall pay to Mortgagee that certai~ promiswry note abo~•e described and shall pe~form all other covenants and conditions of said promissory note, and of any renewal, extension or modi- fication thereof, and of this mortgage, then this mottgage and the estate hercby created shall cease and be null and void. ~ r Mortgagor further coae~ants and agrecs with Mortgagee at tollows: 1. To pay all sums induding interest securcd her~by when due, as provided for ia said prom:ssory note and any renewal, ~ extension or modi(ication thereof and in this mortgage, all such sums to be payable in law[ul money of the United States of America at Mortgagee's afor~said principal office, or at such other place as I~iortgagee may designate in writing. 2. To pay when due, and without requiring any notice from \iortgagee, all taxes, assessmenb ot any type or nature and other chargcs levied or assessecl against the premises' hereby encumbcred or any interest ot tiortgage thercin. To immcdiately pay and discharge any claim, _ lien or encumbra~ce against such premises whech may be or become superior to this mortgage a~d to permit no de(ault or delinqueacy on any other lien, encumbrance or charge against such pnmues. 3. If required by Aiortgagee, to also make monthly deposits with Mortgagee, in a rwn-interat bearing accou~t, together with and in addition to interest and principal, of a sum equal to ont-tw~lEth o( the yearly tazes and assessmenu which may be levied against the premises, and (if so requirecl) on~-twelfth o( th~ yearly premiu~ns for insurance thereon_ The amount of such taxes, assesunents and prcmiums, when unknown, shall be estimatecl by I?lortgagee. Such deposits shall be useel by Mortgagee to pay such taxes, asseuments and pr~miums when due. Any insuf6cie~cy of such account to pay such charges when due shall be paid by 1liortgagor to Mortgagee on demand. If, by rcason o[ any default by Mortgagor under any provision of this mort- gage, 111ortgagee declara all sums secured hcrcby to be due and pa~abte, Mortgagee may then apply any lunds in said account againat the entire indebtednrss secured hercby. T'he enforceabilety of the co~•enants relating to wxes, asuuments and insurance prcmiums herein otherwise pro~•ided shall not be a(fectecl except in so far as those obligations have been met by compliattce with i this paragraph. 111ortgag~e may (rom time to time at its option wai~•e, and a[ter any such waiver reinstate, any or ali provuions henrof requiring such deposiu, by notice to Mortgagor in writeng. tYhite any wch waiver is in efkct Mortgagor shal) pay taxes, assessmcnts and insurance premiums as herein elsewh~re provided. 4. To pay ali taxes, stamp tax or other charge which may b~ ass~ssed upon this murtgage, or said note, or indebtedness ~ secured hrreby, without regard to any law, Federal or State, heretofore o~ hereafter enacted, imposing pa~Tnent of all or any part thereof upon Mortgagce. In event o( enactmrnt of any law imposing payment of all or any portion of any such ta~ces upon Mortgagee, or the rendering by any court of last resort of a decision that the undertaking by Mortgagor, az henin provided, to pay such ta: or taues is legatly inoperative, thea, unless Mortgagor nevenheless pays such taxes, all sums hereby xcured, without any deduction, shall at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein ' or any law her~tofore or hereaftcr enacted. S. To keep the premises insured against loss or damage by ~re, windstorm or eztended coverage and sueh other hazards as ' ma be r uired '4tort ee, in (orm and amounts satisfacto to and in insurance com nies a roved b Aiort a ce and wilh , Y ~I M' ~ Sa8 ~Y . Pa PP Y 8 3 , acceptable mortgagee ioss payable dauses attached. Such politia, together with such abatracu and other tide nhdence as may be required by Mortgagee, shall be d~li~~ered to and held by Mortgagee without liability. Upon foreclosure of this mortgage or j other acquisition of the premises or any part thereo[ by I?iortgagce, said policia, abstraets and titte chridence shall b~come the absolute property of 1liortgagee. 1. / 6. To first obtain the writt~n conunt of Mortgagre, such consent to be granted or withheld at the sole discretion of such Mortga¢ee, before (a) removing or dcmolishing any building now or hereafter erected on the premises, (b) altering the arrange- E ment, desiQn or structural character thereof, (c) malcing any repain which involve the removal of structural parts or the exposure of the interior of such building to the elements, or (d) except tor domatic purposes, cutting or removing or permittin,q the cutting and removal oi any trres or timber on the premises. ! 7. To maintain premisa in good condition and repair, induding but not iimited to the making of such repain as Mortgagee ~ may from time to time determine to be necessary for the preservation of the premixs and to not commit nor permit any waste thereof. ~ 8. To compty with all laws, oedinances, regulatioru, covenanu, conditions and ratrictions aftecting the premises, and not to suffer or permit any violation thereof. ` 9. If Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or assessment or insurance prcmium, or to keep the premises in repair, or shall commit or permit waste, or if there be commenced i any action or proceeding affecting the premises or the title thereto, then 1?tortgagee, at its option, may pay ,~aed claim, 1ien, encum- brance, tax, assessment or premium, with right of subrogation therrunder, may make such repain and tate such. steps as it deems advisable to prevent or cure such waste, and may appear in any wch action or proceeding and retain counsel therein, and taice = su~h artion therein as Mortgagee deems ad~•isable, and for any of said purposa Mortgagee may advance such sums of money, including all costs, fees and other items of expenu as it deems necessary. Mortgagee shall be the sole judge oi the legality, ~•alidity and priority of any such- claim, lien, encambrance, tax, essasment and premium, and of the amount necessary to be paid _ in satisfartion thereof. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may result in any additio~al interest, cost, charga or expense otherwix. 10. Mortgaqor will pay to 1liortgagee, immediately and without demand, all sums of moncy advanced by blortgagee panu- ! ant to this mortgage, together with interest on each such ad~ancement at the rate of ten per cent. (lOr/~) per annum, and all snch sums and interest thereon shall be secured hereby. f 1 i. Alt sums o( money securcd hereby ~al1 be payable without any relief whatever (rom any valuation or appraiument laws. f 12. if defauft be made in payment of any instalment of principal or interest of said note or any part th~reof when due, or ' in payment, when due of any other sum secured hereby, or in pedormance of any of Mortgagor's obligations, covenanu or € agreements hereunder, all of the indebtcd~ess stcured hereby shall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby expressly waived, in which eveet Mortgagee may avai! itself of all rights ~ and r~medies, at taw or in equity, and thi~ mortgage may be foreclosed with` all righu and remedia 'afforded by thc laws of Floreda and Mortgagor shall pay all costs, charge~ and expenses thereof, including a reasonable attornty's fec. °soo~~1F! ~?cf~~J•9`~ ~ R - ~~~K 21fi ~ ~ ~ _ . . _ - . . . ' ~ ..~r