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HomeMy WebLinkAbout1131 TOCETHER \YITH all and singulu the tenements, he~editame~ts and appu~teoances thercunto Ixb~ging o~ in anywise the~eunto appertaining and the ~enb. iuuea and profits thereof. and ~ all the estate, right. titte, intctat and aU ctaim and demand whatsoever, as wep in law as in equity, o( the said I?torigagor in and to the same, including but not limitcd to: (a) AU renta, protits, revenues. royalties, rig6ts ar~d ben~ts de~ived (rom ( l) crops grown on said security and produce oi the soil otherwise (2) oil, gaa or minera! leases of the ~premises or any part thereof, now existins or hereina(te~ made, and (S) aU other rents, iuua and 'proiits ot ehe prcmixs t~om time to time accruing, whethe~ under leases or tenancies now existing or hereatter created; in ~ach auc6 case with the right in the Mortgagee, but ooly at its option, to receive a~d receipt therctor and to apply the same as it may elect to any indebtedncss secured hereby, and the I?iortgagee, at its option, may demand, suc for and recoa•er any ~nrlt paymenb, nurving to Ihe I?iortgagor, however. w long as said I?iortgagor is not in d~(ault hereu~de~, thc right to raeive and ~etain such renb. iuua and profits. (b) AU judgments, awards o[ damages and settlements herea(ter made as a result of or in lieu of any taking of the prrmises or any part thereol under the power of eminent domain, o~ tor any damage (whcther causcd by such taking or otherwis~) to the premiscs or the improvcments thereon or any part thcreo(; such part ol any such judgment, award o~ settlement, as th~ I?tortgagee may elect to be. applied to the indebtednas he~eby secured and the balance thereo(, ii any, to be rexrved to the party or parties othetwise entitled thereto, ~ TO NAVE AND TO HOLD the above granted and described premises to the said 111ortgagce. its successon and assigns, tore~•er, and the said Mo~tgagor does hereby (ully warrant the title to said land, and witl defcnd the same agseeut the lawful ctaims of all penons whomsoe~er; pmvided always that eE I?tortgagor shall pay to 11lortgagee that certain promissory note abo~•e describrd and sha11 perform all other co~enants and conditions of said pmmissory note, and o( any renewal, extension or modi- (ication thercof, and o( Ihis mortgage, then this mortgage and the cstate hereby created shall cease and be null and wid. 1?iortgagor [urthe~ covenants and agrtcs with Iltortgagee ac follows: 1. To pay all sums including interest secured hereby when due, as provided tor in said prom~ssory note and any renewal, eat~nsion or mod~fication thereof and in this mortgage, all such sums to be payabte in lawful money of the United States of Ame~ica at Mostgagre's aforesaid principal ofGce, or at such other place as Afortgagee may desig~ate in writing. 2. To pay when due, and without rcquiring any notice from 1lfortgagee, all taxes, assessments of any type or naturc and other tharges 1r~~ied or auessed against the premises hereby encumbered or any interest of \lortgage therein. To immectiately pay and discharge anp claim, lien or encumbrance a¢ainst such premists which may be or become superior to this mortgaSe and to permit ~o detault or delinquency on any oth~r lien, ~ncumbrance or charge against such premises. S. If required by 1liortgag~e, to also make monthly deposits with \lortgagtq in a non-intetest braring account, togeth~r with and in addition to interest and principai, of a sum equa) to on~-tw~ltth of the yearly taxes and assessments which may be le~~rd against the prrmises, and (i[ so required) one-twelftA ot the yearly premiums [or insurance thereon. The amount of such ta_;es, assessments and pnmiums, when unknown, shall be estimatecl by I11ort,qagee. Such deposiu shall be used 6y Mortgagce to pay such taxa, asuuments and prcmiums wh~n due. Any insufficiency of such account to pay such charges when due shall be paid by Mortgagor to Afortgagee on demand. I!, by rrason of any default by Mortgaqor unde: any prcn•ision of this mort- gage, I~fortgagce declars all sums secured here6y to be due and payable, I~iortgagee may then apply any funds in said aecount against the entire indebtedness secured hereby. The enforceability of ihe co~enanu relating to taxes, asseuments and insurance premiums herein othcrwise pro~•ided shall not be affected exccpt in so far as those obligations have been met by ~ompliance with thu paragraph. 1ltortqag~e may from time to time at its option waiv~, and aiter any such waiver reinstate, any or all provisions hereof requiring such deposits, by notice to Mortgagor in writinq. \~'hile any such waiver is in effect Mortgagor shall pay ta~es. assessm~nts and insurance premiums as herein elsewhere pro~ided. 4. To pay all taxes, stamp tax or other charge which may be asxssed upon this murtgage, or said note, or indebtedness secured hereby, without regard to anr law, Federal or State, heretotore or hereafter enacted, impoiinq pa~7nent o! al) or any part thereof upon 1liortgag~e. In ea~ent o! rnactmrnt of any law imposing payment of all or any portion of any such taxes upon Mortgagee, or the rendering by any court af last resort o( a decision that the undertaking by I~iortgagor, az herein pro~ided, to pay such tax or taxes is legally inoperative, then, unless 111ortgagor neverthelas payz such tana, all sums henby secured, without any dcduction, shall at the option of Mortgagee become immediattly due and payable, notwithstanding anything contained herein or any law heretofore or hereafter enacted. ~ S. To keep the pr~mises insured against Ioss or damage by fire, windstorm or extended coverage and such other hazards as may be required by 1liortgagce, in torm and amounts satisfactory to, and in insurance companies appro~ed by biortgagee, and with acceptable mortqagee lou payable clauses attached. Such policies, together with such abatracts and other tide e~~idence as may be required by Mortgagee, shall be deli~ered to and held by Morfgagee without liability_ Upon foreclosure of this mort,qage or other acquisition of the premius or any part thereof by Mortgagee, said policies, abstracts and title evidence shall berome the absolute property of ~iort,qagee. 6. To first obtain the w~ritten consent of 1lfortqagee, such consent to be granted or withhdd at the sole discretion o( such Mortgaree, bcfore (al removing or demolishing any building now or hereafter erected on the ptemises, (b) aitering the arrange- ment, desi¢n or structural character thereof, (c) making any repain which introl~•e thr remo~•a1 of structural parts or the exposure of the ioterior of such building to !he elements, or (d) except for domestic purposes, cutteng or removing or permitting the cutting and r~moval o( any trees or timber o~ the premises. ! 7. To maintain premises in good condition and repair, including but not limited to the making of such rcpain as 1liortgagce ; may from time to time determine to be necessary for the preservation of the premises and to not commit nor permit any waste thereof. ~ 8. To comply with all laws, ordinanees, tegulations, co~•enants, conditions and restrictions affecting the premises, and not to sufter or permit any violation thereof. _ ~ 9. I( I4lortgagor fails to pay any daim, lien or encumbrance w6ich is superior to this mortgage, or, when due, any tax or assessm~nt or insurance premium, or to keep the premisa in repair, or shall commit or permit waste, or it there be commenced any action or proceeding affecting the premises or the title thereto, then Mortgagee, at its option, may pay said claim, lien, encum- brance, ta~c, assessment or premium, with right of subrogation th~reunder, may make such repain and take such steps as it deems advisable to prevent or cure such waste, and may appear in any wch aetion or proceeding and retain counsel therein, and take such action therein as 1?iortgagcr d~ertes advisable, and for any of said purposa Mortgagee may ad~•ance such sums of money, inrluding all costs. fees and other items of eapense as it deems necessary. Mortgagee shall be the sole judge of the legality, ~•alidity and priority of any such claim, lien, encumbrance, tau, assessment and ptemium, and of the amount necessary to be paid in satisfaction thereof. Mortgagee shatl not be heid accountable for any delay in making any such paym~nt, which delay may result in any additional interest, cost, charges or expense otherwise. 10. Mortgagor will pay to rfortgagee, immediatdy and witbout demand, all sums o( money advanced by 1ltortgagce pursu- ant to this mortgage, together with interest on each such advancement at the rate of ten per cent. ( lOr/c ) per annum, and all such sums and interest thereon shall be secured hereby_ ~ 11_ All sums of money secured hereby shall be payable without any relief whatever from any valuation or appraisement laws. 12. if default be made in payment o( any instalment of principal or interest of said note or any part thercof whcn due, or in payment, when due of any other sum secured 6ereby, or in performance of anq of Mortgagor's obligations, covenants or agrecmenu hereunder, all of the indebtedness secured henby shall become and be ir.vnediatdy due and payable at the option of Mortgagee, without notice or demand which are hereby exp~essly waived, in which event Mertgagee may avail itself of all righb and rcmedics, at law or in equity, and this mortgage may be foreclosed with all righb and remedia afforded by thc laws ot Florida and Mortgagor shall pay aIl costs, charga and expenses thereof, including a reasonable attoraey's fee. ~ $ , ~F, . , _ - , , I~ - `a~ _ ~.s _