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HomeMy WebLinkAbout1459 i TOCETHER W1TH all aod sin~ular the teneme~ts, hereditaments aod appurtenancea thercunto bdonsing o~ in anywix the~eunto appertainins and the rentt, i~sua and pwfits tAereot. and also aU the dtate. ~ighl, title. interat and aU claim and demand whatsoever, u weU in law at in equitr, of the said Mo~tgago~ in and to the ame, indudins but not Gmited to: (a) AU renq, protiq, revenua. ~vyaltia. rishu and beneliu derived tmm ( l) crops ~own on said ~ecurity and produce of the aoil othemise (2) oil. gai or mineral leasa ot the p~emi~a o~ anr ptrt the~eof, now existinq o~ hereinatter made, and ( 3) all other renb, iuua and "p~otib ot the premiKS Irom time to time accruina, whet6er unde~ leases or tenancia now existina or hereafter created; in each :uch cax with the tiaht in the Mort~agee, but only at ib option. ta receive and reccipt theretor and to apply the ume as it may elect to u?y iadebtedness secured herrby. and the Mortgagee. at its option, may demand, sue (or and recover any such paymenb, ~eserving to the Mortgagor, bowever, io long as said Mortgagor is not in detault hereunder. the right to reccive ar.d rotain :uch rents, issua and profits. (b) All judgmentt, awards o( damags and xttlcments hereaftet made u a rault o( or in lieu ot any taking o( the premises or any part thereot under the power of eminent domain, or to~ any damage (whether causecl by such takin~ or otherwise) to the pnmises or the improvemeab t}iereon or any part thereo[; such part of any iuc6 judgment, awacd or settlement, u the I?tortgagee may dect to be applied to the indebtednas hereby secured and the balance tAereo(, if any, to be reserved to the party or partia other.vise entided the~eto. TO ~1AV8 AND 'TO HOLD the above granted and described premisea to the said Mortgaqee, its successon and assigns, forn•er, and the said Mortgagor does hereby (ully warrant the title to said land, and will defend the same aga~nst the lawtul claims o( all penons whomsoever; pro~•ided always that if Mortgagor shall pay to I?lortgagee that certain pramissory nofe above described and shaU per[ocm all otber covenants and conditions of said promissory note, and o[ any renewal, extension or modi- lication thenwf, and ot ihis moctgage, then this mortgaqe and the atate hereby created shall cease a~d be null and void. Mortgagor [urther covenants and agrees with 111ortgagee as fopows: 1. To pay aU sums indading interest secured hereby when due, as provided [or in said promissory note and any renewal, extension or modiGcation thercof and in this mortgage, all such sums to be payable in lawtul moncy of the United Stata of `merica at Mortgagee's atoresaid principal o(ficq or at such other place as Mortgagee may daignate in writing. . 2. To pay when due, acid without requiring any notice irom Iliortgagee, all taaes, assessments of any type or naturc and other charges le~•ied or assessed against the premises hereby encumbered or any interat of Mortgage thercin. To immediately pay and discharSe any claim, lien or encumbrance against such premises which may be or become superior to thi: mortgage and to permit r?o default or dclinquency on any other lien, ~ncumbrance or charge against such premucs. 3. II reQuir~d by I?lortgagee, to also make monthly deposits with Mortgagee, in a non-interest bearing account, tolqether with and in addition to interest and principal, of a sum equal to one-twelfeh ot the yearly taxes and astessments which may be le~~ed againsY the prcmises, and (if so requirrd) on~-twel(th ot the ~early premiums for insurance thereon. The amount of such taxes, asussments and premiums, whrn unknown, shaU be estimatecl by 1ltortqagee. Such deposits shall be usecl by Mortgagee to pay such taxes, asseumenes and premiums when due. A~y insufficiency of such account to pay such eharga when due shal! be paid by ltortgagor to ~iortgagce on demand. If, by reason of any default by 1liortgagor under any provision of this mort- gage, I?iortga~ee declares all sums secured hereby to be due and payable, Mortqagee may then apply any funds in.said acrount against the rntire indebtedness secured hereby. The enforceability of the covenants rclatin_q to taxes, assessments and insurance prcmiums Aerein oth~~ise pro~•ided shall not be aftected except in so (ar as thox obligations ha~~e been met by compliance with this paragraph. Mortqagee may from time to time at its option waive, and after any such waiver reinstate, any or all provisions hereof requiring such depcuits, by notice to biortgagor in writinq. lYhile any such waiver is in eff~ct Mortgagor shall pay taaes, assessments and insurance pr~miums as herein elsewhcre pro~•ided. 4. To pay all taxes, stamp tax or other charge which may be aucssed upon this mortgage, or said note, or ind~btedness secured hereby, without regard to any law, Federal or State, heretofore or hereafter enacted, imposing pa~m~nt of all or any pan th~reo! upon ~iortgagee. Tn event of enactment of any law imposing payment o( all or any portion of any such taxes upon ; ~iortgageq or the rcndering by any court of last resort of a decision that the undertaking by Mortgagor, as herein pro~~ded, to pay such tax or taxes is Icgally inoperative, then, unless Mortgagor nevertheless pays such taxes, all sums hercby ucured, without I'~i any deduction, shall at the option of Mortgagce become immediauly due and payable, notwithstanding anything contained hetein i or any law hcreto(ore or her~after e~actcd. ! 5. To keep the pnmises insurcd against loas or damage by fire, 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 I?iortgagee, and with acceptable mortgag~e loss payable clauses attached. Such policies, together with such abstracts and other tide evidence as may be r uired b 1?ion a ee, shall be delia•ered to and held Mon a without liabili U n foreclosure of this mort, a e or ~ ~9 Y B 3 S SK h'• P~ 4 8 ~ other acquisition of the premises or any part thereof by Mortgagee, said policia, abstracts and title evidence shall become the ~ absolute properh of ~iortgagee. 6. To Gnt obtain the written consent of Mon,qageq such consent to be granted or withheld at the sole discretion o[ such ; !1lortqaqee, before (a) removing or demolishing any buiMing now or hereafter erected on the premises, (b) altering the arrange- ' ment, desi¢n or structural character thereof, (c) making any rcpairs which inwlve the removal of structural paru or the exposure of the interior of such bwlding to the elements, or (d) accept for domestic purposes, eutti~g or rrmoving or permitting ; ; the cutting and r~mocal of any trces or timber on the premises. 7. To maintain premises in good condition and repair, including but not limited to the making of such rcpain as titortgagee ~ may from time to time determine to be necessary for the praervation of the premises and to not commit rar permit any waste thereof. 8. To comply with all laws, ordinances, regulations, covenanb, conditions and ratrictions a((ecting the premises, and not to suffer or permit any violation thereof. . 9. If Mortgagor fails to pay any daim, lien or rncumbrance which is superior to this mortgage, or, whrn due, any taz or assessment or insurance premium, or to keep the premises in npair, or shall commit or pertnit waste, or i[ there Fx commcnced any action or pm,ceeding a((ecting the premises or the tide thereto, then Mortgagee, at its option, may pay said claim, lien, encum- brance, tax, assessment or premium, with right of subrogation thereunder, may make such repain a~d take such steps as it deems ~ advisable to prevent or cLre such waste, and may appea~ in anp such action or proceeding and retain counsel therein, and take ~ such action therein as 1liortgagee deems advisable, and for any of said purpoaes Mortgagee may advance such sunu of money, ~ including all costs, fees and other iteau of e:pense as it deetas necwary. Mortgagee shall be the sole judge of the legality, ~•alidity and pziority of any such claim, lien, encumbrance, tax, aueument and pnmium, and of the amount nec~ssary to be paid in satisfaction thereof. Mortgagee sha1) not be held accountable for any delay in mating any such payment, which delay may ~ result in any additional interest, cost, tharga or expense otherwise. ~ 10. Mortgagor wiU a to 111ort a ee, immcdiatel and without demand, all. sums of mone advanced b~iort a ee unu- P Y 3 S Y Y Y~ s S P ant to this mortgage, together with interest on each such advancement at the rate of ten per cent_ (10°!c ) per annum, and all such sums and interest th~reon shall be secured hercby. 11. All sums of money secured herebr shall be payable without any relief whatever (rom any valuation or appraisement laws_ ~ 12. If de(ault be made in paymrnt of any instalment o( principal or interest o( said note or any part thercot when due, o~ ~ in payment, whrn due o( any other sum secured hereby, or in performance of any of Mortgagor's obligations, covenants or agreemenu hereunder, all o( the indebtedneu secured 6ereby shall become and be immediately due and payable at the option of Mortgaeee, without notice or demand w6ich are hereby expraaly waived, in which event Mortgagee may avail itself o( all rights and retnedies, at law or in equity, and this mongage may be Eoreclosed with all righb and remedia afforded by the laws of Florida and Mortgagor shall pay all costs, charges and enpenses thereof, induding a nasonable attorne~s fee. ~ 800K~..1/ PAGE~c~~ ~~OK~~ f PAGE1~5~ ~.ti - - ~ , . = : 'x'~. ; ~ y.,~ ~ ~ . ~ ~ .