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HomeMy WebLinkAbout1143 ~ TOGETHER WITH all a»d sinaulu the tenemenb, hereditaments and appurtena~ccs thercunto lxbnging or in .inywisc thereunto appe~tainina and the rents, iuues and pwtiq thereot, and a,lso all the atate, right. title. inter~st and aQ claim and demand whatsoever, u weA ia law as in equity, ot the uid Mortaago~ in and to the wme. including but not limited to: (a) Ap rents, pmtiq, nwenues, eoyalties, righu and benefits derived (rom ( i) cropa gcown on said security and produce of the wil otherwiu (2j oii~ gu or minerai leases of the premises or any part thereof. now existinq or hereinafter made, and (3) al! other renta, issues and 'protib ot the premises irom time to titne accruing, wAethe~ under leaus o~ tenancits now existing or herestter created; in each such case with the ~ight in the Mortgagte, but only at iu option. to receive and receipt therefo~ and to apply tAe samt as it may elat to any indebttdness secured hereby, and the Mortgagee, at its option, may dcmand, sue tor and tccover any such psyments, reserving to the Mortgagor, however, so bng as saiJ I?lo~tgagor is not in de(ault hereundc~, the right to recei~•e and retain such rents, issua and pro(its. (b) Al! judgments, awards of damages and xttlem~nts hereafter made as a result o( o~ in lieu of any takinq of the prcmises or any part thereot under the power o( eminent domain, or [or any damage (whether causecl by such taking o~ otherwise) to the premises or the impro~•ements thereon or any put thereof; such pan ot any such judgment, award or settlement, as the l~tortgagee may elect to be applied to the indrbtedness hereby secured and the balance thereoi, it any, to be rese~~cd to the party or parties otherwise entitled Ihe~eto. ' TO }1AVE AND TO HOLD the abw•e g~anted and dac~ibed premises to the said 1ltortqagce, its successon and assi¢ns, (oreve~, and the said I?~ortgago~ does hereby [ully warrant the title to said land, and will defend th~ s:~me against th~ lawful claims of ap persons whomsoe~~er; provided always that i[ biortgagor sha11 pay to 1?io~tgagee that certain promissory note abo~•e described and shal! perfonn all other covrnants and conditions of said promissory note, and of any rettewal, extension or modi- fication thereof, and o( this mortgage, then this mortgage and the cstate hercby cr~ated shall cease and be null and void. I~iortgagor [urth~r co~rnanu and agrees with 111ortgage~ as (ollows: 1. To pay all sums induding interest secured hereby when duc, as provided (or in said promissory note and any renewal, extension or mod~fication thereof and in this mortgage, all such sums to be payable in lawful money of the United Statrs o( :1me~ica at 1lfortgagee's aforesaid principal olCe~, or at such other place as 1lfortgagee may designate in writing. 2. To pay when due, a~d without rcquirinq any notice trom Mo~tgagee, all taxes, assrssment~ of any ty~ or naturc and other charga 1«•ied or auesxed. against the premixs hcrcby encurnbered or any interest ot lfortqage thcrein_ Ta immcdiately pay and discharge any claim; li~n or encumbrance against such premises which may be o~ become superior to this mortgage and to permit no de(ault or delinqutncy on any oth~r licn, encumbrance or charge against such premiscs. 3. 1[ reryuired by 1liort¢ag~e, to also makc monthly deposits with 1?tortqageq in a non-int~rest bcazing account, together ~vith and in addition to interest and principal, of a sum cquai to o~e-t~velith o( the yearly taxes aod asseuments which may be If\'1PfI against thc premiscs, and (if so requircd) onP-twelfth of thr ~carly premiu?ns for insurance thereon_ The amount of such tazes, asscssments and premiums, when unknown, shaU be cstimateYl by \fortgagce. Such deposits shall be uscd by :1lortgage~ to pay such taxes, asseum~nts and pr~miums when du~. Any insufficiency of such account to pay such charges when due shal! tx paiJ by :11ortQ~gor to ~10fiQJQf~ on dema~d. If, by reason of any dcfault by I?tortgagor under aay provision of this mort- gaqe, tfortqa~ce derlar~s all sureis secered her~by to be due and papable, Mortqag~~ may then apply any tunds in said account against the entire indebtedness serured hercby. The e~forceabilitp of the co~•enants rclateng to taxes, assessments and insuranc~ premiums herein otherwise pro~•id~d shal! not be aifectnl f]CfCPL in so far as those obli~ations ha~•e been met by compliance with this paragraph. ~tort~eagee may from time to time at its option wai~•~, and a(ter any such wairer rcinstate, any or :~11 provisions hrreof requirin¢ such deposits. by notice to bfortgagor in writinq. \Yhile any such w~i~•er is in ef(ect Mortgaqor shall pa~ ta!ccs_ :uscssments and insurance prcmiums as herein elsewhere pro~~ided. 4. To pay al) taars, stamp tax or oth~r charge which may be asstsstYl upon this ~nort¢age, or said note, or indcbtedness secureel hereby, without recard to any law, Federal or State, herctofore or h~reatter enacted, imposing payment of ali or any part th~reof upon ~1ortRag~e. In chent of enactment of any law imposing paymeet of all or any portion of any such taxcs upon tifortgaqec, or the renderinG by any court of last rewrt o[ a decision that the undertaking by Mortgagor. as h~rein pro~•ided, to pay such tax or tax~s is 1eQally inoperative, then, unl~ss I?iortgagor ne~•ertheiess pays such taxes, all sums hereby secured, without any deduction, shall at the option of Mortgagee Ixcome immediatcly due and payable, notwithstanding anything contained herein or any law heretofore on c~reafter enuted. 1 5. To keep the pr~mises insured against loss or damage by fire, windstorm or extendrd co~•erage and such other hazards as ; may be required by lforiga,qee, in form and amounts satisfactory to, and in insurance companies appro~•ed by ~lortgagce, and with arceptable morteagee loss pa~able clauses attached. Such policies, together with such abstracts and other title e~•iden~e as may ` bc rn{uircd by I?fortgaget, shall be deli~ered to and held by Mortgagee without liability. Upon forectosure of this mortgage or i othcr ac uisition of the remises or an ~ q p y part thereof by 1liortgagee, said policies, abstr~cts and tide evidence shaU become the absolute proprrty o! ~iortqager. 6. To rnt obtain the writt~n consent of Mortgagee, such consent to be }Cranted or withheld at the sole dixretion o( such lfortgicec, beforc (a) removing or demolishing any building now or hereafter e~ected on the premisa, (b) altering the arrange- mrnt, desi¢n or structuril character thereof, (e) making any rcpairs which imrolve the remova! of structural paru or the exposur~ o( th~ int~rior o[ such building to the eleme~u, or (d) except for domestic purposes, cutting or rcmoving or permittinQ the cntting and r~mo~•al of any trecs or timbez on the premius. 7. To maintain premises in good condition and repair, including but not limited to the making of such rcpain as liortgagce may (rom time to time determine to be necessary for the preservation of the premiua and to not commit nor permit any ~vaste thereof. ~ 8. To comply with aq laws, ordinanees, ngulations, covenanu, conditions and restrictions aFfecting the premius, and not to suf(cr or permit any violation thereof. t : 'i 9. If Mortqagor fails to pay any claim, lirn or encumbrance which is superior to this mortgage. or, when due, any tax or assessment or insurance premium, or to Eeep the premises in repa'u, or shall commit or permit waste, or if there br rommenced any action or proceecling aff~cting the premis~s or the title thtreto, then Mortgagee, at its option, may p3y said claim, lien, encum- brancr, tax, assessment or premium, with right of subrogation thereunder, may make such repain and take such steps as it deems ; ad~~isable to pre~rnt or cure such waste, and may appear in any such action or proceeding and retain counsel therein. and take ~ SUf~I action therein as ~lfortgagce deems advisable, and for any of_ said pnrposa 1liortgagee may advance such sonu ot money, inciudinq all costs, fees and other items of eapense as it deems necessary_ I?iortgagee shall be the soie judge of the legality, ~•alidity and priority of any wch daim, lien, encumbrance, tau, assessmrnt and premium, and o( the amount n~cesc~ry to be paid in satisfaction thereof. Mortgagee shall not be held accountable for any delay in maEing any such payTnent, ~+hich delay may result in any additional int~rest, cost, charges or eapense otherwise. 10. ttortgaqor will pay to !lfortgag~e, immcdiatety and without demand, a11 sums o[ money advanccd by ~fortQaec~ pursu- ant to this mortga¢e, to¢ether with interest on each such advancement at the rate of ten per cent_ (10!''i ) per annum, and all such sums and interest thereon shall be sccured h~reby_ 11. All sums of money secured hereby shal! be payable without any relie( whatever from any valuation or appraisement laws. ]2. I! d~fault be made in payment of any instalment of principal or int~rest of said note or any part thereof wh~n due, or in pa~ment, ~r•hcn due o( any other sum secured hereby, or in performance of any of Mortgagor'~ obligations, co~•enanu or agrcemenu hereunder, all of the indebtedneu secured hereby shall become and be immediately due and payable at the option of Mort¢agee, without notic~ or demand which a~e htreby eapressly waived, in which e~ent 1lfortqagee may avail itsel( of all rights and remcdies, at law or in cquity, and this mortgage may be (oredosed with aU rights and nmedies afforded by the laws of Florida and Aiortgagor shall pay all costs, charges and acpenses thereof, including a reasonable attorney's fee. ~ooK 2~7 p~E ~.3~ - ~ ~ x... - _ . ~ _ _ . ~ ~ ~ _y_.