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HomeMy WebLinkAbout1463 I ~ i ~ ~ . , . TOGETHER W1TH all and" ~ tbe~jene~_ Aercditaments and appurtcnanca tbe~cuato beioosing w in anywise ~ thereunto appe~tainina and tbe ~tuts,, ~ a~d u f~~eO(, and aL~o aU ebe atate, riaht, titk, intereat ud all claim and ~ demand wbataoever~ as wd1 in la.c at iu eq~tp.~t t~t~~Ji~~'~+ t~aaor ia and w tbe ume. includins but not L'mited to: (a) AU nnts, protits, revequp. so~sltiea; ri,~ts?~ td de~ived trom (1) cwq ~rovm on uid security and produce o( the soil otherwise (2) oil~ ga~ qt tqiu~et~ Iesah o[ t6E ~~sa or aar part thereof, now acistina or heninatte~ mad~, and (S) aU othe~ rtnts~ issues and 'pro(it~ oE dK ~`ioqrtiuK to uux ucruins. whether uader teasrs o~ tenancia now acistina . o~ htreafter ereated; in eac6 sucL cas~~Mnth the . ,•in t6e Mortsasee, but onlr at its option, to meive and receipt therc(or and to apply the ume as it may elect w aar inde6tednas secum! herebp. aud the Matgaaee~ a~ its option, may demand, sue tor a~d reco~•er any such pa~znrnts, raervina to the Mortaasor~ lwwever~ so bns as uid Mortsasor is not in default hereunde~, the right to receive and retain such cents, issua and profits. (b) All judgments, awuds o( damaaa and settlemmts hereafter made as a result o( or in tieu of any taking of ehe premises or aoy part thereot under the po~rer at eminrnt dom~in, or lor anr damage (whether esused by such taking or otherwise) to the premises or the imprmcments thereoa or an~ part tAereo[; such pact of anr such judgme~t, award o~ Ktdement, as the Mortgagee may elect to be applicd to the iadebtednas hereby secured and the balsnce th~reof, i( aay, to be reserved to the party or pattia otherwise entitled thercto. TO HAVE AND TO HOI.D tbe above ~atited and described prcmi~a to the said 1lfortgagre, itt sucecsion and assigna, lorever, and the said 1liort,qagor does hereby fuUy warrant !he tith to said Iand, and wiq de(md the same against the lawful clairtu o( a11 persons whomsoer•er; provided always that i( I?tortsasor shaU pay to I?iottgagee that certain p~omissory note abo~•e _ described and sliap perform all other covenants and conditions oi uid promissory note, and of arty rcnewal, extension or rr~odi- ' (iration thercof, and of this mortgage, then this mortgage u~d the estate Acreby created shatl cease and be null and void. Mortgagor turther coa•enants and agrees with 1liortsagee as fopows: - 1. To pay a1! sums includina interest securcd hereby when due, u provided (or in said promissory riote and any renrwal, ~extension or mod9(ication thereof aad en thes raortgage. all sucb sums to be payable in lawful monep of the United States of Ametica ai Mortgagee s atoresaid principa) o[6ce, or at :uch other p4ice as 1liortgagee may designate in writinq. 2. To pay~'when due, and without rcquiting any notice from ~[ortaagee, all taaa, assess~nents of any type or nature and other ~harges Tntied or assessed against the premises hereby encumbered o~ any interat of Mortgage therein. To immediatdy pay and discharge any claim, lien or encumbrance against such premises which may be o~ become superior to this mortgage and to permit no def~lt or ddinquency on aRy other li~n, rnrumbrance or dwrge against such premises. 3. IE irquired by \tortgagee, to also make manthly deposits with Mortgagee, in a non-interest bearing account, toqether with and in addition to interest and principal. of a sum equal to one-h+elith of the yea~ly taxcs and assessments which may be le~ied aqainst the prrmises, and (if so requircd) on~-twelfth o( the ~•early premiums for insurance thereon The amount of such taxrs, assessmenu and premiums, when unknown, shatl be rstimated by ~tortgagee. Such dcposits shall be used by Mortgagee to pay such taxes, as,ussmenes and prrmiums when due. Any insufTiciency oE such aaount to pay such charges when due shall be paid by 1liortgagor to ~iortgagee on demand. If, by reason of any ~fefault by ~liortgagor under any provuion o[ this mort- gage, ~fortgag~e de~clares aA sums secured hereby to be due and payabk. ~iortgagee may then apply any [unds in said account against the entire indebtedness securcd hcrcby_ The enforceability ot the coa-enants rclating to tues, as~estments and iruurarx~ prcmiums herci~ otherwise pro~-idtd shall not be aftertrd exrcpt in so (ar as those obligations have bcen met by compliance with this paragraph. ~tort¢agec may from time to time at its option wai~•r, and after any such waiver reinstate, any or all provisions hereof requiring such deposits, by notice to 11io~tgaqor in writing. \~'Aile any such waiver is in effect Mortgagor shall pa~ taaes, assessmenu and insurance premiums as herein cisewhere provid~d. 4. To pay all taxes, stamp ta~c or other charge which may be assessed upon tltis tnortgage, or ~aed not~, or ind~btedness secured herebr, without reqard to any law, Federal or State, heretofora or hereafter enacted, imposing pa~-ment ot all or any part thereof upon ~iortqagce_ in event o[ enactmeot of any law imposing payment o[ al) or any portion of anr such taxes upon ~[ortgagee, or the rendering by any court of last resort of a decuion that the und~rtai~ing by 1lfortsagor, as hercin pro~tided, to pay such tax or taxes is leqa[ly inoperati~~e. thm, unkss 1lfongagor nea-erthdess payY se~ch taxe~, al) turru hereby seeured, without any deduction, shal! at tht option of ~tortgngee become immediately due and payable, notMrithstanding any~thing contained herein or any law heretofore or hereatt~r enactcd. 5. To keep the premises insured agaiost loss or damage by firc, windstorm or e~ctended coverage and such othtr hazards as may be required by ~iortgaqee, in form and amounts satisfutory to, and in insurance companies approved by liortgagee, and with acc~ptable mortgaqee Ioss payabk ciausu atWched. Such policies, together with sach abstracts and other title es~drnce as may be rrqui~ed by Mongagee, shal! be delicered to and held b~ Mortgagee without Gability. Upon foreclosure ot thu mortgage or other acquisition o( the premises or any part thercof by Mortgagee, said policia, abstnct's and tide evidence shall become the absolute proprrty of ~liortgagee. ~ . 6. To first obtain the wrinrn consent of MonSasee, such consent to be granted or withheId at t6e sole discretion ot such % \ ~fortga~e~, b~forc (al Iemo~~ng or demolishing any buiid'wg novi? or hereafter erected on th~ prrmeses, (b) altering the arrange- • ment, d~si¢n or structvral rharacter thereof, (c) makina an~ repain which im~olve the removal of structural paru or the ! exposure of the interior of mch building to the elemenu. or (d) ezcept for domescic purposes, cutting or removing or permitting the cutting and remo~al ot any trres or timber on the pmnisex 7. To maintain premises in good condition and repair, including but not limited to the making of such rrpain as ~fortgagee ~ may from time to time determine to be neceuary+ for the praervation of the prrmites and to rrot commit nor permit any waste thereof. 8. To comply wit1~ all laws, ordinancn, rcgulations, rn~-enants, conditions and restrictions aflecting the ptrmises, and noi to suffcr or permit anp violateon thercof_ 9_ If biortgagor failt to paq any daim, lim or rncumbrance whicl~ is superior to thu mortgage, or, whrn due. any ta~t or assessm~nt or insurance premium, or to keep the premises in repair, or shall commit or permit Msaste, or if therc be commenced a~y action or proceeding affecting the premises or the tide thereto, then Mortgagee, at its option, may pay said claim, lien, rncum- brance, tax, assessment or pre~nium, with right of subrogatioo thereunder, may mate such rrpairs and tate such steps as it deems ad~isable to prevent or cure such waate, and may appeu in an~ such action or proceeding and retain counsel therein, and tate such aetion therei~ as I~tort_qagee deems advisabk, and for aay of said purposes Mortgagee may advance such sams of money, including aU costs, fets and other items of e:pense as it deem~ necessary. Mortgagee shall be the wle judge of the Iegality, ~•alidity and priority of any such claim. 6rn, encumbmncq tax, asseument and premium, and of the amount necessary to be paid in satisfaction thercol. Mortgag~e shaD not be held ucouneable for ~nr delar i~ making anq such paymmt, which delay may result in any additional interest, cost, chargn or acpense otherv?iie 10_ Mortgagor will pay to 1liortgagee, immediatelT and without demand, all suau of money advanced by ~tortgagee pursu- ant to this mortgaqe, together with interest on eac6 such advancecnent at tht nte of tm per cent. ( IOr/c ) per annum, and all such sums and interest thereon shall be tecured 6crcby. )1. All sums of money secured herebp shal! be payabk without aay rclid whatever fcom any valuacion or appraisement law~. 12. tf detault be made in payment of any instalmrnt o( principa[ or interest o( said note or anr part thereof whcn due, or in payment, when due of any other sum secured her~by, or in p~erlormance of an~ of Mortgagor's obligationa, covenants or agreemrnts hereunder, all of the indebtedness secured herebp t6aq become and be immediately due and papabk at the option oi Mortgagee, without notice or drmand which are hereby espressl~ vraia-ed, in whicL evrnt Mortgagee mar avail itself of all righb and remedia, at law or in equity, and t6is mortgage maT 6e forcciosed wit6 all righu and remedia afforded by the laws of Fbrida and ~iortgagor shaA pay a!1 cosb, charges and exper~tes thereol, induding a rcasonaWe attorne~'s fee. ~oo~ 217 ~~i1~ ~oGK 21? P~cE1455 ~ . ~ : _ ~ ~~~x~,~~~.~~ "~.~....x ~ . . . ' f ~ _~``--~-F`-_~.~ .-~~'"s~ -r.~,r~.~