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Home My WebLink About1445 . , - ~ . r ' 1~OGETHER WITH all and upsul~r tb9 taiema?ts, hereditamenb and sppurtenanca thercunto ~ebnaing o~ in anywise thereunto appe~taiai~a and the ~enb, ysua and profib. the~eoi, aad abo aU the aute, right. titk. intuat and aU claim and demand whatsoever, as weU in law is in equitr, of the ~ald Mortsagor in and to the wme, iecludina but not limited to: (a) All rents, pmfits, revenues~ m~raltieaa, regh{~ and bene(its derived from (1) tmps arown on said xcurity and produce ot the soil otherwise (2j oil. aas or mineral leala oi the pnmisa o~ any put thercof, now existing or hereinafter made. and (3) aU other rents, issua and profiq of the prrmises trom time to time acceving, whethe~ under leases or tenancia now e:isting o~ henatter c~eated; i~ each :uch case with the rigbt ia the biortgagee, but only at its option, to rereive and receipt therefor and lo apply the same u it may elect to any indebtedncsa secured herrby, and the Mort6agee, at its option, may demand, sue (or and recove~ any tuch payments. reserving to the Mortgagor. however. w bng as said Mortgagor is not in default hereunde~, the right to receive and retain such nnts, iuua and protits. ' . (b) All judgmentt, awud~ of damaga and settlemenb herea[ter made as a result of or in lieu of any taking o[ the premises or ar?y part thereof unde~ the powe~ of eminent domain. or for any damage (whether caused by such taking o~ otherwise) to the premises or the impro~•ements thereon or any part the~eof; such part of any such judgment, award or settlement, as the Mortgagee may elect to be applied to the indebtednas hereby ucured and thc balance thereof, if any, to be reserved to the party or partia otherwix entitled thereto. TO ~~AVE AND TO NOLD the above g~antcd and described premises to the said I?io~tgagee, its succeuon and assig~s, (orever, and the said Mortgagor does hereby tupy warrant the title to said land, and will defend the same aga~nst the lawtul claitm of all penons whomsoe~•er; provided always that if Mortgagor shall pay to I?tortgagee that certain promissory note" aboce described and shap pertorm all other co~~enants and conditions of said promissory note, and of any r~newal, extension or modi- (ication thereof, and of this mortgage, then this mortgage and the estate hereby created shaU cease and be null and void. Mortgagor further covenants and agrees with Iltortgagcr as [ollows: 1. To pay all sums including interest securcd h~reby when due, as prm~ided (or in said promissory note and any renewal, extension or mod~fication thereof and in this mortgage. all such sums to be payable in law(ul money of the L'nited Stata of America at Mortgagee's afor~said principal office, or at such other place as 11Surtgagee may daiqnate in writing. 2. To pay when due, and without requiring any notice from Mortgagee. all taaa, asscssmcnu of any type or nature and other charges In•ied or ass~ssed against the premius hereby encumbercd or any interest of ~iortqage thercin. To immediat~ly pay and discharge any claim, lien or ~ncumbrance aqainst such premises which may be or becom~ superior to this mortgage and to permit oo d~fault or delinquency on any other lien. ~ncumbrance or charge lgainst such prcm'~ses. • 3. If rcquired by 111ort¢agee, to also make monthly de~wsits with 1lfortqagee, in a non-interest bearing account, toQether with and in addition to interest and principal. of a sum equal to one-twel(th of the yearly taxa and assessm~nts which may be le+-ied against the prcmises, and (if so required) on~-twelfth o( th~ pearly premiums for insurance thereon. The amount ot such taxes, assessments apd premiums, when un~~own, shaU be estimateci by rfortqagce. Such deposiu shall be used by Mortgage~ to pay such taxes, asseuments and premiums whrn du~. Any insu(ficiency of such account to pay such charges when due shall be paid by Aiortgagor to I?iortgagee on demand. 1(, by reason ot any Jcfault by I~iortgagor under any provision of this mort- gage, ~fortga~ee declares all sums secured hereby to be due antl payable, Mortgaqcc may then apply a~y (unds in said account against the entire ind~btedness securecl hereby_ The entorceability of the covt~a~ts relating to taxes, assessments and insurance premiums herein oth~rwise pro~•ideci shall not be aftected except in so far as those obliqaiions have bcen met by compliance with this paraqraph. atort¢agee may from time to time at its option waive, and aCter any ~uch waiver reinstate, any or all provisions hereof requiring such deposits, by notice to Iktortgagor in writing. While any such waiver is in e[fet't Mortgagor shal) pay tvices. auessmenu and insurance premiums as herein elsewhcrc pro~~ided. ~1. To pay all taxe~s, stamp tax or other charge which may be assess~d upon this mortgage, or said ~ot~, or indebtedneu secured hereby, without regard to any law, Federal or State, heretofore or hereafter enacted, impo:inq pa~Tne~t of all or any part thereof upon :~iorteagee_ In event of enactmrnt of any law imposing payment of all or any portion of any such taxes upon Mortgagee, or the r~ndering by any court o[ last resort of a decision that the undertating by Mortgagor, as herein pro~•ided, to pay such tax or taxes is leqally inop~rative, then, unless Mortgagor nn~enheless pays such tazes, all sums hercby secured, without any deduction, shall at the option of Mortgagee become immediately due and payable, notwithsta~ding anything contained herein . ~ or any law h~r~to(ore on c~rcafter enacted. . ` 5. To keep the premises insured against lou or damage by (ire, windstorm or extended coverage and such other hazards as may be required by ~fortgagee, in form and amounts satisfactory to, and in insurance companies approved by 1liortgagee, and with i acceptable mortqagce loss payable clauus attached. Such policies, together with such abatracts and other title evidence as may ~ be required by Mortgagee, sha11 be deli~ercd to and held by Mortgagee without liability. Upon foreclosure of. this mortgage or ~ E other acquisition of the premises or any part therco[ by Iliortgagee, said policies, abstracts and tide evidence shall become th~ ) ~ absolute property of 11~ortgaqce. 6. To first obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole discrction ot such ~ !lfortga¢ee, bcfore (a) removin,q or demolishing any building now or hereafter erected on the premises, (b) altering the arrange- ~ ment, desi¢n or structural character therco(, (e) making any repain whieh imrolve the removal o( structural parts ~or the exposurc of the interior of such building to the d~ments. or (d) except for domatic purpoxs, cutting or removing or permittinq . the cutting and removal of any trees or timber on the prcmius. , 7. To maintain premises in good condition and repair, including but not limited to the mating of such rcpain as Mortgagee may from time to time determine to be necessary for the preservation o[ the prcmius and to not commit nor permit any waste thereot. 8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the premisa, and not to suf(er or permit any violation thereof. ~ 9. If Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or € asscssment or insurance premium, or to keep the premius in repair, or shall commit or permit waste, or if there be commenced ~ any action or proceeding af(ecting the premises or the title thereto, then Iliortgagce, at ib option, may pay said claim, lien, encum- brance, tax, assessment or premium, with right of subrogation thereunder, may make such repain and take such steps as it deems ad~•isable to prevent or cure such waste, and may appear in any such action or proceeding and retain c~unsel therein, and take ~ such action therein as Mortgagee deems advisable, and for any of said purposa Mortgagee may advance such sums of money, ~ including all costs, fees and other itrms of expense as it deems neceswry. Mongagee shall be the aole judge ot the legality, ~ ~~alidity and priority of any such claim, lien, encumbrance, tau, asse:sment and premium, and of the amount necessary to be paid ~ in satisfaction thereof. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may ~ result in any additional interat, cost, charges or expense otherwix. ~ ~ 10. Mortgaqor will pay to Afongagee, immediately and without demand, all sums of money advanced by ~tortgagee pursu- ant to this mortgage, together with interat on each such advancement at the rate of ten per cent. (107c ) per annum, and all ~ such sums and interest th~reon shall be secured hereby. ~ 11. All sums of money secured hereby sha11 be payable without any relief whatever from any valuation or appraisement laws. ~ 12. If de(ault be made in payment of any instalment of principal or interest o( said note or any part thereo( when due, or in payment, when due of any other sum secured hereby, or in performance of any of Mortgagor's obligation~, cavenanb or ~ agreements hcrcunder, all ot the indebtedness secured hereby shall bccome and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby eapressly waived, in which event Mortgagee may avail itself of all rights ~ and rem~dia, at law or in equity, and this mortgage may be forecloud with all rights and rcmedia afforded by the laws o[ ~ Florida and ~tortgagor shall pay all cosb, charges and expenses thereof, including a reasonable attorney's fce. ~ ~ $OOK~ 1 ~AGE~~ 0 OK~1"~ PAGE1~~ ~ . 80 . . : ~ ~ , 5 a~ ~