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HomeMy WebLinkAbout1123 i TOGETHER WITH all and singular the tenementi, Aereditaments and appurte~anca thercunto bclonging or in anywix thereunto appertainin~ and the rents, iuua and pto(ib the~eot. and also aU the atate, ~ight, title, interest and ali claim and demand whatsoever, as weU it~ law as in equity, of the ~id Mo~tgago~ in and to the same, including but not limited to: (a) All renq, pmfits, [evenua~ myalties, righb and benctits derived from (1) cmp~ grown on uid sccurity and ~produce o( the soi) otherwi~e (2) oil, gas or mineral leases of the premi~ea or any put thereof, now existing or heroinattcr made, and (3) all other renu, issues and 'pwfits of the premisa fmm time to time accnring, whelhe~ under leaus or tenancia now existing o~ hereafter crrated; in each sucb case with the cight io the Mortgagee, but only at ita option, to receive and receipt the~efo~ and to apply the same as it may elect to any indebtednest secured he~rby~ and the I?iortgagee, at its option, may demand, sue [or and recover any fuc}+ paymen4, reserving •o the Mortgago~, however, so bng as said Mortgaqor is not i~ default hertunder, the right to receive and ~etai~ :uch rcnts, issues and profits. (b) All judgmenb, awards o[ damages and settlements herea[te~ made as a result of or in lieu of any taking of the premises or any part thereof u~der the power ot eminent domain, or (or any damage (whether caused by such taking o~ otherwise) to the premises or the impmeemenu thereon or any patt thereo[; such part ot any such judgment, award o~ uttlement, as the Mortgagee may elect to be applied to the indebtedness hereby secured and the balance thereoE, if any, to be reserved to the puty or partia othenvise entitled thereto. TO HAVS AND TO tIOLD the above granted and described prcmises to the said 1lfortgagee, its successors and assigns, (orever, and the said Mortgago~ does hereby fuUy warrant the title to said tand, and will defend thc same against the lawtul claims of all persons whomsoerer; prorided always that if Mo~tgagor shall pay to Mortgagee that certain promissory note abo~e dexribtd and shaU perform aD other covenants and conditions of said promissory not~, a~d of any rrnewal, extension or modi- (ication thereof, and of this mnrtgage, then this mortgaqe and the estate h~reby created shall cease and be null and ~roid. 11~ortgagor funher co~•enanu and agrecs with I?tortgagee as tollows: 1. To pay all sums including interest sccured hereby when due, as provided for in said promissory note and any renewal, extension or modification therrof and in this mortgaqe, all such sums to be payable in lawfui moncy of the United States of America at Iliortgagee's aforesaid principal o(~ce, ot at seech other place as I?iortgagee may desig~ate in writing. ~ 2. To pay when duc, and without requiring any notice !rom Mortgagee, all taxes, assessments of any type o~ naturc and other charges 1e~•ied or assessal against the premises hereby encumberect or any interest of \iortgage therrin. To immediately pay and diuharge any claim, licn or encumbrance a_qainst such premiscs which may b~ or become superior to this mortgage and to {xrmit no de(ault -or delinquency on any other lien, encumbrance or charge against such premises. " 3. If requircrl by I?iortgagee, to also make monthly deposits with \iortgaqee, in a non-interest bearing account, tog~ther with and in addition to interest and principa), of a s~~m t~ua! to one-lwelfth of the yearly taxes and assessments which may bc levied, against the premisrs, and (if so required) on~-twel[th of the yearly premiums for insutance thereon. The amount ot such taxes, assessments and premiums, when untnown, shall be estimatnl by Atortgagee. Such deposiu shall be usec! by 1liortgagce to pay such taxes, assessments and premiums when due. Any insuffeciency of such account to pay such charges wh~n due shal! be paid by 11io~tgagor to Mortgage~ on d~rnand. If, by r~asort of any default by Iliortgagor under any pro~~ision of this mort- gage, :?tortga,~ce declares all sums secured hereby to be due and payable, titortgagee may then apply any funds in said account against the entire indebtedness secured hereby. The enforceability of th~ covenants nlating to taxes, assessments and insurance premiums her~in othctwise pro~•ided shall not be a(fectcci except in so fu as thos~ obtiqations have b~~en met by ~ompliance with this para,qraph, bfort¢agce may from time to time at iu option waii•c, and ~ftcr any such waiver reinstate, any or ali provisions hrreof requiring such deposits, by ~otice to Mortgagor in writinq. While any such wai~•er is in effect ~iortgagor shall pay taxes. asuumcnts and irisurancc premiums as herein dsewhere pro~•ided. 4. To pay all laxes, stamp tax or other charge which may be asxssed upon this mortgagq or said note, or indebtedness secured hercby, without reqard to any law, Federal or State, hereto[ore or h~reafter ~nacted, imposing paym~at of all or any part thereof upon ~fortqagee. In event of enactment oI any law imposing payment of all or any ponion of any auch taxes upon tifortgagee, or the mndering by any court of last resort o[ a decision that the undertaking by biortgagor, as her~in pro~•ided, to pay such taac or taxcs is leqally inoperative, then, unless Mortgagor nevertheless pays such taxa, all sums hereby secured, without any deduction, shall at the option of Mortgagce become immediately due and payable, notwithstanding a~ything contained herein or any law heretoforc or hercafter !'f1.iC~Cd. 5. To kecp the premises insured agairat loss or damage by fire, windstorm or eatended coverage and such other hazards as may be required by :liortqagee, in form and amounts satisfactory to, and in insurance companies approved hy I?lortgagee, and with acceptable mottqaq~e loss payable clauses attached_ Such policies, together with such abstracts and other tide evidence as may be required by :~iortgagee, shall be deli~~ered to and held by Mortgagee without liability. Upon fo~eclosure of this mortgage or other acquisition of the premises o~ any part thereof by Mortgagee, said policia, abstracts and title evidence shap become the absolate property of :ltorteagee. 6. To first obtain the written conunt of Mortgagee, such consent to be granted or withheld at the sole discretion oE such , 111ortgafice, before (a) removing or dcmolishing any building now or hereafter erected on the premises, (b) altering the arrange- ment, desiqn or structural character thereof, (c) maEing any npairs which imvlve the remova! of structural parts or the exposur~ of the int~rior of such building to the demrnts, or (d) except for domestic purposes, cutting or remo~~ng or permitting the cutting and r~moval of any trces or timber on the pnmises. 7. To maintain premises in good condition and npair, including but not limited to the making of such rcpairs as Mortgagte may from tim~ to time determine to be necessary for the preservation of the premisa and to not commit nor permit any waste thereof. i 8. To comply with all laws, ordinances, ngulations, covenants, conditions and restrictions affecting the premises, and not I to su(fer or permit any violation thereof. 9. If Mortgagor fails to pay any claim, lien or ~ncumbrance which is superior to this mortgage, or, when due, any tax or assessment or insurance premium, or to teep the premises in repair, or shall commit or permit wute, or if there be commenced any action or prorceding af(ecting the premises or the title thveto, then Mortgagee, at its option, may pay said daim, lien, encum- brance, tax, assessment or premium, with right of subrogation thercunder, may make such repairs and take such steps as it deems ad~•isable to pre~•ent or cure such waste, and may appear in any such action or proteeding and retain counsel therein, and take such action therein as Mortgagee decros advisablt, and !or any of said pur~iosa Mortgagce may advance such sums o( money, includinq all costs, fees and othec items of eapense as it deems necessary. blortgagee shall be the wle judge of the legality, ~•alidity and priority of any such claim, lien, mcumbrance, tau, auessment and premium, and of the amount necess~ry to be paid in satisfaction thereof. Mortgagee shall noc be held accountable for any delay in making any such payment, which delay may resutt in any additional interest, cost, charga or exptnae othemise. l0. ~lfort¢aqor wilt pay to 1lfortgagee, immed"eately and without demand, all sums of money advanced by :~fortgage~ pursu- ant to this mortqa¢e, together with interest on each such ad~•ancement at the rate of ten per cent. ( lOr'c ) per annum, and all such sums and interrst thereon shap be xcured hereby. 11. All sums of money secured hereby shall be payable without any relief whatever from any valuation or appraisement laws. I2. If default be made in payment o( any instalment of principal or int~rest of said note or any part thercot when due, or in paycnent, when due of any other sum secured hereby, or in performance of any o( Mortgagor's obligations, coveaanb or agreem~nts hereunder, atl of the indebtedness ucured hereby shall b~come and be immediately due and payable at the option o[ i Mortgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itself of all righta and remedi~s, at law or in equity, and this mortgage may be foreclosed with all righb and remedia aftorded by the laws of Florida and Mortgagor shaU pay all costs, charga and expensa thereof, incfuding a reasonable attorney's fee. +~ICf~~ ~ ~ti~. . _ . ~