HomeMy WebLinkAbout1127 .
TOGETHER W1TH all and siagulu the te~emrnts, hercditaments and appurtenances thercunto belongi~g o~ in anywise
the~eunto appertaining and the re~q~ iuua aad profiu. thercwf. and alsa all the atatq right, title, interat and all claim and
demand whatsoevcr, as wcU in !aw at in e~uity, of the sald I?~ortgagor in and to the ~me, including but not limitccl co:
(a) AU ~ents~ protits, revenues, royaltia, righ3t and benetits derived from { 1) cwps grown on said security and produce
of the soil otherwise (2) oil, gas or mineral le~ea of the prcmises or any part thereof, now existing or hereinattcr made, and
(3) ap other rents, iuues and pmCts oE thc premises from time to time accruing, whether under leases or tenancics ~ow existeng
or hereatter crcated; in each such cax with the ~ight in the 1lfortgsgee, but only at its option, to rer~ive and receipt there[or
and to apply the same a~ it may elect to any indebtednesa secured hereby, and the Mortgagee, at its option, may demand, sue for
and rccover any such payments, tae~~ing to the Mortgagor, however, so long u said Mortgagor is not in de(ault hereunde~, the
right to receivr and retain such rents, issua a~d pro[its. ~
(b) All judqmenu, awards of damages and settlements hereafter made as a result o( or in iieu of any takinq of the
premises or any pan thereof u~der the power ot eminent domain, o~ for any damage (whethcr c~tiscd by such taking or othcrwise}
to the premisrs or the impro~ements thercon or any part thereof; such part of any such judgment, award or uttlement, as the
I?iortgagee may elect to be applied to the indebtedness hereby securcd and thc balance thereof, i[ any, to be resen>ed to the
party or parties otherwise entitled thereto.
TO IiAVE AND TO HOLD the above granted and described premises to the said llto~tgagee, its succcuon and assi,rens,
[or~~~er, and the said Mortgagor does hereby fully warrant the title to said land, and will def~nd the same aqa~nst the law(ul
claiins of a!! penons whomsoever; pro~•ided always that if Mortgagor shall pay to Afortgagee that certain promiuory note abo~•e
described and shall per(orm all other covenants and conditions of said promissory note, and of any renewal, extension or modi-
[ication thereoi, and of this mortgagc, then this mortgage and the estate hereby creatcd ~ha1) ccase and be nul! and void.
11io~tgagor further cov~nants and agrets with Mortgagee as follows: '
1. To pay all sums including int~rest securcd hereby when due, as provided for in said promissory• note and any renrwal,
extension or mod~fication thereo[ and in this mortgage, all such sums to be payable in law(ul money o[ the L?nited States of
Amereca at 3iortgagee s aforesaid principal o(fice, or at such other place as riortgaqee may designate in writing.
2. To pay when due, and without requiring any notice trom ~tortgagee, all taxes, assessmcnts of any type or naturc
and othrr charges le~•iecl or assessed against the premisrs hereby encumbered or any i~terest o( `fort¢age therein. To immrciiately
pay and discharge any claim, li~n or encumbrance aqainst such premius w6ich may be or become superior to this mortgage and
to permit no default or delinquency on any other lien, encumbrance ot charge against surh premises.
~ 3. If requirecl by Afort,qagee, to also make monthl} dcposits with Mortgagee, in a non-interest kxaring account, to¢eth~r
w-ith and in addition to interest and _ principal, ot a sum equal to one-t~velfth ot the yearly taxes and auessments which may be
le~ied ag:?inst the premises, and (if so requirecl) on~-twelfth of the y~arlp premiums for insurance thereon. The amount of such
taxa, :?ssessments apd premiums; when unknown, shall be estimatect by .liortqagce. Such dtposits sha11 be used by Mort_e~gee
to pay such taxes, assessmrnts and prcmiums Mhen due. Any insulliciency of su~h account to pay such charga when due shall
be paid by 1liortgagor to I?lotigaqee on dcmand. If, by reason of any cietault by I?tortgaqor under any pro~~ision of this mort-
gage, !1lortgaoee declares all sums secured her~b~ to be due ancl pa~able. I?iortqa¢ee may then apply any funds in said account
against the cntirc indebtedneu urured hereby. The enforceability of the co~~enants rel~ting to taxes, assessments and insnran~c
pr~miums herein otherwise procidccl shall not be affectrd exc~pt in so far as those obliGations ha~•e been met by compliance with
this paragraph. Afart¢agce may irom time to time at iu option waia•c, and after any such Nai~•~r reinstatc, any or all pro~•isions
hereof requiring su~h d~posits, by notice to biort¢agor in writinq. ~Yhile any such waiver is in efiect ti(ortgagor shall pay taxes.
ass~ssments and insurance premiunu as herein els~where pro~•ided.
4. To pay all taxes, stamp tax or other charge which may be asscssed upon this rnortgag~, or said not~, or eodebtedness
secured hereby, without reQard to any law, Federal or State, hrretofon or herea(ter enacted, imposinQ pa~Tnent o[ all or an~
part thercof upon ~fort¢aqee_ In e~ent of enactment of any law imposing paym~nt of all or any portion of any such taxes upon
Mortgagee, or the rendering by any court of last resort of a decision that the undertating by Mortgagor, as hemin pro~-ided, to
pay such tax or taxes is legally inoperati~•e, then, unlnt bfortgagor ne~ertheless pays such taxes, ai1 sums hereby secured, without
any deduction, shall at the option of 1lfortgagee b~come immediately due and payable, notwithstanding anything containecl herein _
or any law hrretofore or hercafter enacted.
5. To keep the premises insured against loss or damage by fire. windstorm or eatended coverag~ and such other hazards as
may 6e required by ~iortgagee, in form and amounts satisfactory to, and in insurance companies appro~•ed by \iortgagee, and with
acr~ptable mortgagee loss payable clausu attached_ Such polieies, togcther with such a6stracts and other title evidea~e as may
be reynirecl by 14fortgagee, shatl be deli~•ered to and held by Mortqagee without liability_ Upon foreclosure of this mortgage or
other acquisition of the premises or any part thereof by Mort,qagee, said policies, abstracts and title e~idence shall become the
, absolute property of ~iortgagee. - •
6. To first obtain the written consrnt of I?iortqagce, such consent to be granted or withheld at the sole discrction ot such
'~iortgacce, before (a) removing or demolishing any building now or hereafter erected on the premises, (b) altering the arrange-
; ment, desien or structurai character thereof, (c) making any repairs which imrol~•e the removal of structural paru or the
eaposure of the interior of such building to the elements. or (d) except for domestic purposes, cutting or removing or permittin¢
I the cutting and r~mo~~al of any trees or timber on the premises_
; To maintain premises in qood condition and repair, including but not limited to the making of such rrpain as ~iortgagee
~ may irom time to time determin~ to be necessary for the preservation of the premisa and to not commit nor permit any waste thereof.
t 8. To comply with all laws, ordinances, regulations, co~onants, conditions and restrictions affectirtg the premixs, and not
to suffer or permit any vioiation thereof.
~ 9. I[ 1lfortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or
? assessment or ensurance premium, or to Iceep the premises in repair, or shall commit or pcrmit waste, or if there be commenced
~ an action or roceedin, affectin, the remius or the tide thereto, then Mort a te, at its o tion, ma • a said claim, lien, rncum-
Y P 4 4 P S S P > P Y
brance, tax, assessment or premium, with right of subrogation thereunder, may make such repain and take such st~ps as ii derms
ad~•isable to prevent or cure such waste, and may appear in any seech action or proceeding and retain counsel therein, and take
such artion therein as biortgagee deems advisable, and for any o( said purposes Mortgagee may advance wch sums oi money,
including all costs. fea and other items of expense as it deemt necessary_ Mortgagee shall be the sole judge of the iegality,
~alidity and priority of any such claim, lien, mcumbrance, tax, assessment and premium, and of the amount n~cessary to be paid
in satisfaction thereof. Mortgagee shal! not be held accountable [or any de]ay in making any such payment, which delay may
result in any additional interest, cost, charges or expenu otherwise.
i t0. 1liortga¢or will pay to I?fortgagee, immediatdy and without demand, a11 sums o[ money advancc~l by ~iortqa~ee pursu-
ant to this mortga¢e, together with interat on each such advancement at the rate of ten per cent. (107r ) per annum, and all
f such sums and interest thereon shall be secured hereby.
1 i. All sums of inoney ucured hereby shal! be payable without any rclief whate~er from any vatuation or appraisement laws.
~ 12. If de(ault be made in payment of any instalment of principal or intercst of said note or any part thereof when due, or
in payment, when due o( any oth~r sum secured hereby, or in performance oE any of Mortgagor's obligations, covenants or
~ agrecmenu hereunder, a1) of the indebtedness secured hereby shall become and be immediately due and payable at the option o(
` Mortgagee, without notice or demand which are hereby expressly waived, in which event Mortgagte may avail i!self of all rights ,
~ and remedies. at law or in equity, and this mortgage may be forecloscd with all rights and rcmtdies afforded by the laws of
Florida and Aiortgagor shall pay att costs, charges and expenaa thereol, including a reasonable attorney's fcc.
~$OOK~.L~ ~CF~~
:
~
~ ~
r ,:a ~ ; F ;
. _ ~ , . . .c