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HomeMy WebLinkAbout1135 ~ TOGETHER WITH ap and ~ip~ulat tAe tene~nqp,p, hereditamenb and appu~tenanccs thc~cunto belo~ging o~ in anywiu therrunto apperuinins at?d the rrnts, issuei aad ~ofiq ~~e~O(~ and alao a11 the atate, right, title, interat and all cfaim and demand w6atso~wer, as weli in lsw as iw eqNih, b[ t1w s~d ~do~t~a~or in arxl to thr samq indudina but not limitnl to: (a) An Kots. P~ta. reveAUes. eoya~pes, rig1?ts aod ~~ts derivcd fmm ) crapd arown on said security and produce of Use aoil otl~erwise (2) oil, gas o~ mineraj kasiy c[ tbe ~rcmises or any part thereot. now existing or hereinatter made, and (3) a11 other renq~ issues and 'pr~ts o( tbe p~r~yq j[o~~ v~ to time accnun6, whether unde~ leascs or tenancies now existing or bereafter cteated; ia each sucb caye w~t6 the ri~tt ia the Mortaxgce, but only at ib option, to receive and reccipt therefo~ and to appy We same as ;t rwr e1ec~ oo any indebcedness secured herebr~ and the Mo»gaaee, at iu option, may demand, suc tor u~d reco`'K any sucb W)~n~~ts, reservins w the Mortsaaor. however, tv bns as said Mortgago~ is not in detault hereunder. the right to receive and frtain such reats, issues and pr~ts. (b) AI! judgments, awards o( damases a~nd settlements hereatter made as a result of or in li~u of any takinq oi the premises or anr part therco( under the power o[ eminent domain, or for any damage (whether caused by such taking or otherwise) to the prrmises or the imp~wxments thereon or anr part thercof; such part of any such judgmrnt, a~r•ard or settlement, as the I?iortgagee mar elect to be applicd to the indebtedncss hercby secured and the balance thereof, if any, to be reserved to the puty o~ parties otherwise encitlcd thercto_ ' TO H.~YE A\'D Tp HOLD t6e above ~anted and described' premises to the said ~tortgagce, its successon and auigns, fom~er, and t6e said Mortgagor does herebp fully vrarrant the tide to said iand. and wilt de4nd thr same against the lawtul claims o( aD pcrsans w,homsoe~•~~, provided alway-s that' it ?~fortgagor shall pay to \iortgagee that certai~ promissory note abo~•e described and shail ~xdorm aU other cwenants and conditions of said pmmissory note, and of any renewal, extension or modi- ticatio~ thereof, and ot this mortgase, thea this mortgaqe and the estate hereby created shall c~ase and be null and void. I?iongagor turtber cov~nants and agrees with \lortgagee as follows: . 1_ To pay all sums includi~3 interest secured hereby w6~n due, as pro~•ided (or in said promissory note and a~y renewal, ~extension or mod:fication thereof ani! in thu mortgagq aU such sums to be payabie in taw[ul money o( the United Stata of America at 1[ortqagee's aforrsaid principa) ofCcc, or at such other place as Mortgagee may designate in writing. 2_ 'To pay'w~hrn du~, and arithout requiring any notice !rom ~tortgagee, all taxes, assessmrnts of any type or nawre and other c6arges le~~icd ot asussed against the premises hereby encumbercd or any interest of ~iortQage therrin. To immediately pay and discharqe any claim. lien or cncumbrance agaenst such pr~mises which may be or become superior to this mortgage and to permit no default or delinquency on any other lirn, encumbrance or charge against such premua_ 3. I[ requited by ~tortgagee, to also ma4e monthlp deposits with ~fortgagee, in a non-interest be~aring acc»unt, tog~th~r with and in :+ddition to interest and principal. ot s sum rqual to onc-twelfth of the yrarly taxes and assessments which may be leaied against the prcmises, and (if so rtquired) onc-tNelfth of th~ ~~arly premiums (or insurance thereon. The amount of such tax~s, assesunents and premiums, when unknown, shall be estimatcd by >ionqagee. Such deposits sha11 be- used by MortgagK to pay such taxes, ass~ssments and premiums rrh~n due_ An~ insutiicicncy of such account to pay such charges wh~n due shall be paid bp lforte3cor to \iortqager on demZnd. If. by r~ason ot ~mr dtfault by Mortgagor under any provision of this mort- gage, ~~ortgager de~clares aU sums securrd hereby to be due and psyable, ~tortqager may then apply any funds in said account against ih~ rntire indebtedness secured hereby. The enforceability of the co~•enants telating to taxa, asussments and insurance premiums herrin othcr~vise procided shalt rwt be affected ~xcept in so iar as those obliqations haa•e bcrn met by ~omplianc~ with this paraqraph. ~iortea~ee may lrom time to time at iu option waiv~, and aft~r any such waia~er reinstate, any or aU proeisions hereof requiring such d~posits_ by notice to !~Iortqaeor in writin¢. \~'hile aay such wai~•er is in eff~ct Mortgagor sha11 pay taxes. assessmcnts and insurance prtmiums u herein elsewhtre prm~ided. 4_ To pay all taxes, stamp taa or other char~t which may be a~essed upon t6is mortgaqe, or said. not~, or indebtedn~ss securcd herebf, without rc¢ard [o anp law, Fed~ra! or State, heretoforc or hereafter enacted, imposing pa~7nent of al! or any part th~reof upon ~Iort¢agtt_ Ia neat of rnactment of any law imposing payment of all o~ any portion of any such tax~s upon Mortgaqee, or the renderine by any court of List resort of a decision that the undertaking by 1liortgagor, as herein pm~•ided, to pay such taa or taxes u leqally inoperati~q then, unless I?lortgagor ne~~enheless pays such taxes, all sums hercby secured, without any deduction, ihall at the option of ~fortgagee become immediatelq due and payable, notwithstand'eng anythiag contained herein ot any law heretofdrt or h~reaftrr e~r~acted. S_ To k~ep the premis~s insured against loss or damage by 6re, windstorm or e:tended co~erage and such other hazards as r.iay be requircd by ~iortgacrr, in torm and amounts satisfactory to, and in imuranee companies approved by ~iortgagee, and with a~c~ptable mort¢aqce loss pa~able clauus attached. Such polida, together with such abatracts and other title ~vidence as may ~ required by 1liorteager, shalt be deG~•ered to and hdd bT Mortgagte without liabi:ity_ Uport /oreclosure of thes mort,qagt or other acqois:tion of the premises or any part thereof by Mortgagee, said policies, absuacts and tide nidrnce shatl become the absolute property of ~iort¢agee. , 6. To fint obtain the ~rritt~n consent of !1lortqagee, such conuat to be granted or withhcld at the sole discretion of such 4lortgaGtr, before (al rrmoving or drnwlishing any building now or hereafter ~rected on the premises, (b) altering the arrange- ment, d~si¢n or structural c6aracter thereof, (e) making any repairs which involve the remoti•al of structural paru or tbe ' ~aposurr of th~ int~rio~ of such building to the elements. or (d) tucept for domestic purposes, cutting or removing or permittinq the cutting and rrmo~•al of any trces or timber on the prcmius~ 1_ To mainwin prcm'~ses in good condition and rcpair, including but not limited to the making of such rcpairs as Aiortgagce may from time to time det~rmine to be necessary for the pceservaeion of the premisies and to not commit nor permit any ~waste thereof. 8. To comply with all laws, ordinances, regulations, cmenanu, conditions and restrictions affecting the premises, and not , to suff~r or p~rmit any ~iolation thereoE. 9. If liortgagor faih to pay ~n~ claim, Gen or mcumbrance which is superior to this mo~tgage, or, when due, any tax or assessment or insurance pr~mium, or to keep the prrmises in npau, or sha11 commit or }xrmit waste, or if there be commenced any action or proceeding aifecting the premises or the tide thereto, then Mortgagee, at its option, may pay said claim, lien, mcum- t branc~, tax, as~smrnt or premium, with right of subrogation thenunder, may make such repairs and tate such steps as it deems ~ ad~•isabl~ to pre~-ent or cure such waste, and may appear in any such action or proceeding and ietain counse! therein, and take such action ther~in as ~fortgagre deecns ad~isabk, and for any of said parposes 1liongagee may advance such sums of money, ~ including all costs. fees and other items of e:pense as it deems necessary. I?iortgagee shall be the sole judge of the legality, ~•alidity and priority of any such claim, lien, entumbrance, tax, auessment and premium, and of the amo~nt necessary to be paid in satisfiaction thereoi. Mortgagee sGait not b~ hetd accountabie (or any delay in making any such pa~-mrnt, whech delay may r~sult in any additional int~rest, cost, rharges or exprnx otherwise. 10. ltortgazor will pay to ~[ortgagee. immediatdy and witbout demand, all sums of money advanced by ~tort,qaeee pursu- ant to this mortca¢e. together with interat on each such ad~ancement at the rate of ten per cent. ( lOr/c ) per annum, and all such sums and interest therron shall be ~ecured heteby_ 11 _ All sums of money secured hercby shal! be payable without any relief whatrver from any valuation c~ appraisement laws. 12. If d~fault be made in paym~nt of anq instalment o( principal or interest of said note or any part thereof when due, or in pa~-ment, whrn du•_ o( any other sum secured hereby, or in performance ot any of Mortgagor's obligations, co~~enants or ~ agreements hueunder, all of the indebtedness secured hereby shall become and be immeciiately due and payabie at the option of ~tortgaec~, without notice or demand w6ich are hereby eapressl~ waived, in which e~mt Mortgagee may avail itself of all rights and r~medies. at law or in equity, and this mortgage map be [omlosed with all rights and rcmedies affordcd by the laws of i Florida and !1lortgagor shall pay all costs. charges and rxpensa thereof. including a rcasonabte attorney's fe~_ ~ox217 OAGE1130 _ - ~ ~ ~ ~ ~ N ~ _ . _ . F ~ _ ~~.~~A~:.