Loading...
HomeMy WebLinkAbout1467 1 ~ ~ t , . ~ ~ t ~ TOGETNER W1TH all and singular /he ttaemrnes. Aereditupe~u and appurteoanca thercunto bdonsing or in rnywise thcreunto apperuinina and tbe rrnts, issua and pr~b t6ereot, •#nd'al~o sl! the estate, right, titk. intereat and aU ctaim and demand whatsoever, as weU ia law as in equiqr. o( the said Mqelaasv[ in and to the same~ induding but not limited to: (a) All rena. ~ts. revrnues, e~o~ralties, riskhtt aad ~bSpeli~i derived trom (1) crops srown on said security and produce of the ~ol otherwise (2) oil, ~as o~ mineral kases ot il~e prrmixs or any part thereof. ~ow existing or hercinatte~ made, and (3j aU othc~ renn, issues and pmfits o( the pKmixs (~o~u pm~ to ume a~~tui~g, wheiher under leasea or tmancies now existing or benafter rnrated; in exA such ca~e wi~b the riaht in the Mortaagee, but oaly at ita option, to receive and ~eceipt the~e(or ~nd to applp the ume as it auy elect to aar indebtednas secured hereby~ at~d the Mo~tgagee. at its option, may demand, sue for and recovcr any such pa~rtnents, rexrvins to the Mortgagor, howevcr, so beg as said Mo~tgagor is not in d~(ault hercunder, the right to rcceivr and retain such rrnts, issua and pr~b. (b) All judaments, awuds of damaSes aod settkme~u hereafter made as a result of or in lieu of any taking of the PrcA?~s a~7 part thereof unde~ the powet o( eminent domain, or for any damage (whether caused by such taking ot otherwise) to the prrmises or the impm~xmrnts t6e~eon or my part thereof; such pan ot any such judgment. award o~ xttlemrnt, as the Mortgagee may dect to be applied to the indebted~ess hereby secured and the bal.ince thereoE, it a~y. to be rcyerved to the pury or partia othcrwris~ entidrd thereto. TO HAVE A:VD TO HOLD t6e above aranted and deuribed premisa to ihe said I?iortgagee, its successo~s and assigns, [orevcr, and the said Mongaao~ does herebp tullr warrant the title to said land, a~d will de[end ~he same against the lawful ~~aims of aU persons whomsocwer; prwided always that i( I?iortgagor shaU pay to Mortgagee that certain promissory note abo~•e described and shaD perfonn al! other cm~enants and conditions o( said promissory note, a~d o( any renewal, extension or modi- ~catioa thereof. and ot this awrtgagq thrn this mortgage and the estate hereby created shal) cease and be null ar?d vaid. Mortgasor further covenants and agrees with Mortgagee as [ollows: 1. To par a!! sums includina entern! secured hereby whcn due, u provided tor ie said prom~ssory note and any nncwal, extension or ~nod~fication thereo( and in this mortgage, aU such sums to be payable in lawful money o[ the United States of ' ARerica at vtortgagee's atoresaid principal office, or at such othe~ place as Mortgagee may designate in writirtg. 2. To pay whrn duc, and without reqwring any notice fmm 211ortgagee, all taxa, assessments of any type or nature and other charges ln~ed or assessed against the premises hercby encumbered or any interest ot Mortgage thrrein. To immediately par and dischasge aiir claim, lien or encumbrance against such prcmises which map be or become auperior to this mortgage and to permit no default or delinquency on any other lien, encumbra~ce or charge against auch pmnius. 3. If required by Mortgagce, to also make monthty deposits with 1ltortqagee, in a non-interest bearing account, togeth~r with, aod in addition to interest and principal, of a sum equal to one•twelfth ot the yearly taxa and assessments which may be le~~ed agaiast the premises, and (if so requiredj on~-twelfth of the ycarly prcmiums (or insuranee thereon. The amount oi such tazes, auesxinents and preraiu~rn, when unl~nown, sball be estimatec! by I1lortgagee. Such deposits shall be used by Mortgagee to pay such taxes, assesunents a~nd pr+emiums when due. Any insu(ficiency of such account to pay such charga when due shall be paid by Mortgagor to ~iortgagee oo demand. If, by rcason of any default by Mortgagor under a~y provision of this tnort- gage, Mortgagee dectares all sums secured hereby to be due and payable, Mortgagee may then apply any funds in said account agaiast the rntin indcbtedness secured bereby. ?he enforceability of the covenants relating to tases, asussmenu and insurance premiw~s hercin othervrise prm•ided shal! not be a(fected except io so far as those obligations have bcen met by compliance with this parasraph_ Atongagee may from timt to time at iu option waive, and after any such waiver reinstate, any or all provuions herco[ rcquiring wch deposits, by notice to Mortgagor in writing. While arey such waiver is in effect Mortgagor shall pay tax~s, assessmrnts and iraurance premiums as herein elsewhere prwidrd. 4_ To pay all tues, swmp tu os other charge which may be ass~sud upon thu mortgage, or szid note, or indebtedness secured henby, withouc rccard to anr lanr, Federal or State, horetofore ot hereafter ~nacted, imposing paymrnt of all or any part thereo( upon Mortgagce. 1n event o[ rnactment of any lani imposing payment of aU or any portion o[ any such taxes upon Mortgagcr, or the rendering by anq court o( lasc resnrt of a decision that the undertal~ing by biortgagor, as herein provided, to pay such ta~c or taxes is legal}y inoperative. thrn, unless Mortgagor nevenhcless pays such taxa, all sums hereby secured, without any deduction, shall at the option o( lfortgagee become immediatdy due and payable, notwithstanding anyching contair?ed herein or any law heretofore or hercaft~r rnacted_ S. To keep the premises insured against bss o~ damage by Gre, windstorm or e~ctended coverage and such othe~ hazards as may be rcquircd by ~fortgagee. in form and amounts satisfactory to~ 3nd in iruurance companies approved by 1liortgagee, and with acceptabk mongaeet bss payabk claum attached. Such policia, together with such abatracts and other tide evidence as _may be required by Mortgagee, shall be dcli~ered to and held by Iliortgagee without liability. Upon foreclosure o( this mortgage or other acquisition of the prrmises or any part thereof by Mortgagee, said poGcies, abstracts and titte evidrnce shall become the ~ absolute property of Mortgagce. ~ / 6. To fint obtain the written consrnt of Mortqaget, suc6 consent to be granted or withhdd at the sole discrction of such 11~ortgaqer, b~tcn (a) rernoving or demolishing any building now or hereafter erected on tht premises, (b) altering the arrange- ment, design or structural c6aracter thereof, (t) making any repairs whieh involve the removal oE structural parb or the exposure of the interior oE such bw~ldins to the ~lemrntt, o~ (d) ezcept for domestic purposes, cutting or removing or permitting the cutting and remorai of any trees or timber on the prtmisa. 7. To mainuin premises in good condition and rcpair, including bat not limited to the mal~ing of such repain as Mortgagee may fmm time to time determine to be necessary fot the preservation of the premises and to not commit nor permit any waste thereof. 8. To comp)y witb all lavrs, ordinanca, rcgulations, cwenanu, conditions and restrictions affecting the premius, and not to suffer or permit any violation thercof. 9. If Mortgagor fails to p~r any claim, litu or rncumbrance which u superior to this mortgage, or, whrn due, any tax or assessment or insurante pmnium, or W keep the premises in repair, or shall commit or permit waste, or if there be commenced any action or proceeding affecting t6e premises or the tide thercto, then Mortgagee, at its option, may pay said daim, 1irn, rncum- brance, tu, a«~ent or premium, witb rigbt of subrogation thereunder, may make such npain and tate such steps as it derms advisabk w prevrnt or curc such r+aste, and may appear in any such action or proeeeding and retain couns~l therein, and take such action therein as Mortgagee deems advisable, and for anr of said purposes Mortgagee may advance such sums of maney, induding all costs, fees and other items of espense as it deeats necessary_ Mortgagre shal! be the sole judge of the legality, validity and priority of any such cLvm, lirn, rncumbrance, uz, assesxmrnt and prcmium, and of the amount necessary to be paid in satisfaction thereof_ Mortgagee shall not be 6eld accountable for any delay in making any such payment, which delay may rault in any additional interat, cost, c6arges or acpense othervvise. 10. Mortgagor wi11 pay to 1liortgagee, immediatelr and without demand, aIl sums of money advanced by Mortgagee pursu- ant to this mortga4e, together r.ith intercst on eac6 such advancement at the rate of ten per crnt. (lOr/o) per annum, and aU such sums and interest thercon shaD be secured hercby. 1~. All sams of money secured hercbr s6a11 be payable without any rdid whatever from any valuation or appraisement laws. 12. It dcfaalt be made in paymrnt of an~ instalmrnt of principal or inte~est of said note or any part thereo( when due, or ia payment, whrn due ot anr other sum secured hereb~. or in pedormance of any of Mortgagofa obligations, covenanb or agreemcnts hercunder, all ot tht iodebtedness secured henbp shaq become and be immediately due and payable at the option of Mortga5ee, vrithout notict or dcmand which are herrbr eupreulr waived, in which event Mortgagee may avai! itself of a1) righb and remedies, at law or in equity, and t6u mortgage may be foreclosed witb all rights and remedies afforded by the laws of Fbrida and Moregagor s6aU par all costs. charges ar~d expenses thereof, including a reasonable attorne~s (ee. ~~2i~ ~o~K 2~7 PAGE1459 { _ ~ . - - x~ - .._r _ _ .