Loading...
HomeMy WebLinkAbout1147 TOGETHER WITH all and singular the teneme~ts, hereditaments a~d appurtenanca thercunto belongins or in anywise the~eunto appertaining and the rena, issua and pro[its the~eo[, and alw all the atate, ~igAt, title, interat and aJl claim and demand whatsoever, as well in law aa in equity, of the uid Mortgagor in and to the same, including but not limitccl w: (a) All renu, profita, revenues. ro~raltia. rights ~nd benefib derived trom ) cmpa gmwn on said stcurity and produce of the aoi) otherwise (2) oil, gas or mineral leases of tba prerqiaes or any part the~eof, now cxistinq ar hereinafter made, and (3) aU other rents, iuues and 'protiu of the premi~a fmm time to time accruing, whether ur?der leases or tenancies now existing o~ he~ea[ter created; in each such case with the right in tfie 111ortgagee, but only at itt option, to receive and receipt therefo~ and to apply the sarr~e as it may elect to any indebted~eu securcd hereby, and ehe Mortgagee, at its option, may ilemand, sue tor and recover any such paymrnts, reserving to the Mo~tgagor, however, :o b~g as said Mortgagor i: not in de[ault hereunder, the right to recei~•e an~ retain such ~ents, iuues and profitn. (b) All judgments, awards of damages and settlements hereafter made as a result o( or in lieu of any taking o( the premises or any part thereo[ under the power ot eminent domain, or !or any damage (whether caused by such takinq or otherwise) to the premises or the impro~~ements thereon or any pazt therco(; such part of any such judgment, award or uttlcment, as the J?lortgagee may elect to be applied to the indebted~ess hereby secured and the balance thereof, if any, to be r~ur~~d lo the party or partia otherwise entitlecl thereto. TO HAVE AND TO iIOLD the above qranted and describecl premisa to the said 111ortgagee, its successon and assigns, forever, and the said Mortgagor does hereby fully warrant the title to said land, and will defend thc samc aga~nst the lawfad claims of atl peno~s whomsoever; pnovided always that if Aiortgagor sha1) pay to Mortgagee that certain promiuory note above dcscribed and shall perform a11 other covenants and conditions of said promissory note, and ot any renewal, extension or modi- tication thereot, and o( this mortgage, then this mortgage and the cstate hereby cr~ated shall cease and be null and void. Mortgagor futther covenants and agrres with Mortgagee as follows: 1. To pay all sums ineluding interest secured hereby when due, as pro~•ided tor in said prom~ssory note and any renewal, extensio~ or nwdification thereof and in this mortgage, all such su~u to be payabie in iawful maney of the United States of America at Mortgagee's aforesaid principa) oi~ce, or at esch other place as I?iortgaget may designate in writing. 2. To pay when due, and without requiring any notice trom Mortgagee, a1) taxes, auessmcnts of any type or naturc and other charges le~~ed or assessed against the prcmiscs hcreby encumbcred or any interest of Liortgage therein. To immediately pay and discharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and to permit no default or delinquertcy on any other lirn, encumbrance or charge against such premues. 3. I( requirtd by Iliortgagee, to also make monthfy deposits with Mortgagee, in a non•interest bearing account, togeth~r with and in addition to intcrest and principal, of a sum cqual to one•twelfth of the yearly taxes and assessments which may be lntird against thc premisa, and (if so rcquired) on~-twel[th of the yearly premiums for insurance •thereon. The arnount of such taxes, assrssments and premiums, when unknown, shall be estimatecl by I?tortgagee. Such deposits shall be used by Mortgagee to pay such taxa, asussments and premiums when due. Any inwfficicncy ot such account to pay sach charges wh~n due shall be paid by 1liortgagor to Itiortgagce on demand. If, by reason oi any dcfault by Mortgagor under any pro~•ision of this mort- gage, I?fortgagcr declares all sums secured hereby to be due and payable, 1liortqagee may then apply any funds in said account against the entire indebtedness secured hereby. The e~forceability of the covenants relating to taxes, assessmenu and insurance premiums hercin oth~rwise pro~•ided shall not be affectecl except in so far as those obligations have been met by compliance with this paragraph. Aiortqagre may from time to time at its option waive, and after any such waiver reinstate, any or all provisions hereof rcquiring such deposits, by notice to Mortgagor in writi~g. ~Yhile any such waiver is in effect Mortgagor shall pay taxes_ assessmenu and iruurance premiums as herein elsewhere pro~•ided. 4. To pay all taxes, stamp taa or other charge which may be assessed upon this murtgage, or said note, or indebtedness secured hereby, without regard to any law, Federal or State, heretofore or hereafter enacted, imposinq paqment of all or any part thereof upon 1ltort,qagee. In evertt o( enactment of any law imposing payment of all or any portion oi a~y such tzuca upon Mortgagee, or the r~ndering by any court o( last resort ot a decision that the undertaking by Mortgagor, as hercin pro~ided, to pay such tax or taxes u legally inoperativq then, unless Mortgagor neverthdess pay~s such taxes, all sums hereby secured, without any deduction, shall at the option of Mortgagee become immediattly due and payable, notwithstaading anything contained htrein or any law heretofore or hercaft~r enacted. S. To kerp the premisa insured against loss or damage by fire, windstorm or extended coverage and such other hazards as may be required by 1lfortgagee, in form and amounts satisfactory to, and in insurance companies appro~~ed by I?iortgagee, and with acceptable morteagee loss payable clausu attached. Such policies, together with such abstracts and other title r~~idence as may be required by Mortgagee, shall be deli~•ered to and hetd by Mortgagee without liability. Upon foreclosure of this mortgage or other acquesition o! the premises or any pan thveof by Mortgagee, said policics, abstracts and tide e~•idence shall become the absolute property o( Mortgage~. 6. To fint obtain the written consent of Mortgage~, such conunt to be granted or withheld at the sole discretion o( such I?fortea~ee, before (a) rcmoving or demolishing any building now or hereafter erected on the premises, (b) altering the arrange- ment, desi¢n or structural character thereof, (ej making any repain which invoh•e the remova! of structura) parts or the exposure of the int~rior of :uch building to the elements, or (d) except for domestic purposa, cutting or removing or permittinq i the cutting and removal of any trces or timber on the pnmises_ i 7. To maintain premises in good condition and repair, including but not limited to the making of such repain as 1lfortgagee ; may from time to time determine to be necessary for the praervation o( the premises and to not commit nor permit any waste thereot. E 8. To comply with all laws, ordinances, tegulations, covenants, conditions and restrictions affecting the premises, and not to wfEer or p~rmit any violation therrof. ~ 9_ If Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any taa or assessment or insurance premium, or to keep the premises in repair, or sha11 commit or permit waste, or if there be commenced any action or proceeding affecting the premises or the title thereto, then IVlortgagee, at its option, may pay said daim, lien, encum- brance, tax, assessment or premium, weth right of subrogation thereunder, may make such repain and tate such steps as it deems advisable to prevent or cure such waste, and may appear in any such aetio~ or proceeding and retairt counsel iher~in, and take such action thercin at Mortgagee deems advisable, and for any of said purposes Mortgagee may adeance such sums of money, ` induding all costs, fees and other items of expense as it deenu necessary. Mortgagee shall be the sole judge of the legality, ~•alidity and priority of any such claim, lien, encumbrance, tax, assessment and premium, and of the amount necessary to be paid in satis(action thereof. Mortgagee shall not be held accountable for any delay in making any such paymrnt, which delay may rault in any additional interest, ~ost, charga or expense otherwise. 10. Mortgagor will pay to I?tortgagee, immediatdy and without demand, all sums of money advanced by ;1lortgagre punu- ant to this mortgage, to¢ether with interest on each such ad~•ancement at the rate of ten per cent. (107e ) per annum, and all such sums and interest thereon shall be secured hereby. I 1. All sums of money secured hereby shall be payable without any rclief whatever from any valuation or appraisement taws. y 12. If default be made in payment of any instalment oE principal or interest of said note or any part thcreof when due, or in payment, when duc of any other sum secured bereby, o~ in performance o( any of Mortgagor's obligations, covtnants or agreemenu hereander, all of the indebtednw secured hereby shal) become and be immediately due and payable at the option oS Martgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itself of all rights and remedies, at law or in equity, and this mortgage may be forecloud with al! rights and remedics afforded by thc laws of Florida and I?~ortgagor shall pay aIt costs, charges and acpenses thereof, incfuding a reasonable attorney's tee. 1 _ _ ,a~ ~ ~ ~ ~ _ ~KM ~ ~ ~ . - - , a . r, su: