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HomeMy WebLinkAbout1441 . ~ . ~ TOGETHER 1h'ITH all and singular the tenemcnts, hereditamenta aod appu~tenances the~cunto lxbnaing or in anywise thereunto appertai~ing and the rrnts. i~sua and pro~ts thered, and a}so aU the atate, right. title, interest and all claim and demand whatsoever. as weU in law as•i~ equiq, o( the said •Monaagor in and eo the same, includina but not limited to: (a) AU rents, pwfits, revenua. royaltia, rtg¢tt ~nd benJiti derived fmm (1) crops srown on wid security and produce o[ the soil otherwise (2) oil, gas or mineral leaua ,~+f tAac p[~ or anr Wrt the~eo[. now exiiting or hereinafter made, snd (9) all other rcnts, iuus and 'profits of ihe premiias,tmm tim W~time accruing, whether under leases or te~a~cia now existina or hercatte~ created; in each such cax with the right 11't1~e 1?{ortgagee, but only at iu option, to receive and receipt thereto~ and to apply the same u it may elect to any indebtedneu securcd hereby. and the Mortgagee, at its option, may demand, sue (o~ and recover any such payruents, reserving to the Mortgagor. however, so bng as said Mo~tgagor is ~ot in default hen~nder. the right to receive and retain surh_renu, issua and profits. . (b) AU judgments, awards o[ damages and settlements hereatte~ made as a resuit o( or in lieu of any taking of the prcmites or any part thereof under the powe~ ot eminent domain, or tor any damage (whether eaused by such tating or othcrwise) to the premises or the impmvements thereon or any part thereof ; such part of any such judgment, award or settlement, as the Mortgagee may elect to be applird to the indebtedn~ss hereby secured and the balance thereof, if any, to be reserved to the party or partia otherwise entid~d thercto. TO NAVE AND TO }iOLD the above granted and described premises to the said Mortgagee, iu successoa and assigns, furever, and the said Mortgagor does hereby fully wanant the title to said land, and will defend the same against the lawtul claims of all penons whomson~er; provided always that iE Mortgagor shall pay to Mortgagee that certain promissory+ note above described and shaU perform all other cove~ants and conditions of said promissory note, and~ oE any r~newal, extension or modi- fication thereof, and of this mortgage, then this mortgage and the estate hereby created shall cease :.nd be null and void. Mortgagor tunher covenants and ag~ees with Mortgagee as [ollows: 1.- To pay all suras including intvat securcd hereby when due, as pro~ided tor in said prom:ssory note and any rcntwal, extlirtsion or mod~Ccation thereot and in this mortgage, all such sums to be payable in lawful muney of the Unitcd States of America at 1liortgagee s aforesaid principal ofGce, or at such other place as Mortgagee may da~gnate in writing. 2. To pay when due. and without requiring any notice from Mortgagee, all taxes, assessmenu of any type or nature and other charges levied or assessed against the premises hereby encumbered or a~y interest oi Mortgage thereio. To immediatdy pay and discharge any claim, lien or encumbrance against such prcmises which may be or become superior to this mortgage and to permit no de[ault or delinque~cy on any o?her lien, encumbrance or charge against such prcmises. 3. If required by Mortgagee, to also make monthly deposiu with Mortgagee, in a non-interest bearing account, tolqether with and in addition to interest and principal, of a sum equal to one-twellth of the yearly taxa and assessments which may be levied against the premises, and (if so required) one-twel(th o( the yearly premiums for insurance thereon. The amount of such taxes, aucssments and premiums, when unknown, shal] be cstimateJ by I?iortgagee. Such deposits shall be used by Mortgagce to pay such taxs, assessments and premiums when du~. A~y insuf(iciency of such account to pay such charges when due shaU be paid by Mortgagor to I?iortgagee on demand. If, by reason of any default by Mortgagor under any provision of this mort- gage, Mortgagee declares all sums secured herrby to be due and pa~able, I?tortgagee may then apply ang furtds in said account against the entire indebtedness secured her~by. 7'he enforceability of the covenants relating to taxa, asussments and insurance premiums hercin otherwise pro~•ided shall not be affected e:cept in so far as those obligations have been met by compliance with this paragraph. biortgagee may irom time to time at its option waive, and a[ter any such waiver reinstate, any or al) provesions hereof rcquiring such deposits, by notico to Mortgagor in writing. ~Vhile any such waiver is in effeet Mortgagor shall pay taxes, ass~ssm~nts and insura~ce premiums as herein elsewhere pro~•ided. To pay all taxes, stamp tax or other charge which may be assessed upon this mortgage, or said note, or indebtedness secured hereby, without regard to any law, Federal or State, hereto[ore or herea(ter enacted, imposing payment of all or any part thereof upon Mortgagee. In event of enactmrnt of any law imposing payment of all or any portion of any such taxs upon Mortgagce, or the rendering by any court of last resort oi a decisio~ that the undertaking by biortgagor, as hercin pro~yded, to pay such tau or taxes is legally inoperative, then, unlcss Mortgagor neverthelas pays such taxes, all sums herebq secured, without i any deduction, shall at the op{ion of Mortgagee become immediatdy due and payable, notwithstanding anything contained herein o~ any law heretofore or he~eaft~r enacted. ! 5. To keep the prcmises insured against loss or damage by fire, windstorm or extended coverage and such other hazards as ` may be required by Mortgagee, in form and amounts satis(actory to, and in insurance companies approved by Mortgagee, and with ~ acceptable mortgagee loss payable clauses attached. Such policies, together with such abstracu and other title evidence as may ~ be required by Mongag~e, shall be delivered to and held by Mortgagee without liability. Upon forcclosure of this mortgage or i other acquisition of the premises or any part thereof by biortgagee, said policies, abstracts and title evidence shall become the ~ absolute property of 11~ortgagcr. ~ ~ 6. To fint obtain the written consent of Mortgagee, such consent to be granted or withheld at the wle discrction o( such : - ~ Mortgaeee, before (a) removing or demolishing any building now or hereafter erected on the premisa, (b) altering the arrange- ~ ment, design or structural character thercof, (c) making any npain which involr•e the remo~•al of struttural parts or the ~ ` exposure o( the interior of such buitding to the elemenu, or (d) except [or domatic purposes, cutting or removing or permitting the cutting and removal of any trees or timber on the premises. 7. To maintain premises in good condition and repair, including but not Gmited to the making of such repain as Mortgagee may from time to time determine to be necessary for the preservation of the premisu and to not rnmmit nor permit any waste thereof. 8. To comply with all laws, ordinances, regulations, covenanu, conditions aad restrictions a(fecting the premises, and not • to su(fer or permit any violation thereof. 9. If Mortgagor fails to pay any claim, lien or encumbrance which u superior to this mortgage, or, when due, any tax or ~ assessment or insurance premium, or to keep the premises in repair, or ehall commit or permit waste, or i( there be commenced ~ any action or pracecding affecting the premises or the tide thereto, then Mortgagee, at its option, may pay said claim, lien, encum- , brance, taa, asscssment or premium, with right of subrogation thereu~der, may ma4e such rcpain and take such steps as it deems ~ ~ ~ ~ advisable to prevent or cure such waste, and may appeaz in any such action or proceeding and retain counsel therein, and take such action therein as biongagee deems advisable, ar~d for any of said purposa Mortgagee may advance such sums of money, ~ including all costs, (ees and other items of expense as it deems necessary. Mortgagee shall be the sole judge of the legality, ~ validity and prioriry of any such daim, Gen, encumbrance, tax, assessment and ptemium; and o[ the amount necessary to be paid ~ in satisfartion thereo(. Mortgagee shall not be held accountable (or any delay in making any such payment, which delay may z result in any additional interest, cost, charges or expense otherwise. ~ 10_ Mortgagor will pay to I?fortgagee, immediatdy and without demand, all sums of money advanced by Mortgagee pursu- ~ ant to this mortga,qe, together with intemt on each such advantement at the tate of ten per cent. (10% ) per annum, and aU ~ surh sums and interat thereon shall be secured hereby. ~ 11. All sums of money secured hereby shall be payable without any rdie[ whatever from any valuation or appraisemcnt laws. ~ ~ 12. If de(ault be made in payment of any instalment o( principal or interest of said note or any part thereof when due, or ~ in payment, when due o( any other sum secured hereby, or in pedormance o[ any oi Mortgagor's obligations, covenants or ~ agreemenu hercunder, all o( the indebtedness secured hereby shall become and be immediately due and payable at the option of ~ Mortgagee, without notice or demand which are hereby ncpressly waived, in which event Mortgagee may avail itself oE all rights ~ and remedies, at law or in equity, and thi~ mortgage may be forcclosed with all rights and nmedies afforded by the lawt of Florida and Mortgagor shall pay all costs, charges and expenses thereof, including a reasonable attorney's fee. ~ 800K~ ! PACE~~ U R BOOK217 ~1435 ~ ~ ^ _ ~4. , ; ~h-~ ~ , ; I ~ =~?.~~~~*~"`z~ ~ . .