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HomeMy WebLinkAbout1735 TOGETHER ~YITH all and singulu dse tenemrnts, henditainents sod appurte~unces tlietcunw bt{oasin4 or in anywix thercunto appertainina and the rents, iuua and profits thercof. and abo iU the atatr, riaht, titlr, intuat and aU claim and demand whatsoevet, as weU in law as in equiqr, ot the said 1?to~t~a~or ia and to the suae, includias but not Waited to: (a) AU rents, protitt, reveaues. roYalties, ~iahhts and beAetiRs de~ived irom (1) cmps scwrn on uid secu~itp and produce ~ of the soil otherwix (2) oil. gas or mineni kases ot the premises or anr part tt?ereoi. now existi~a or heninatter made, and ` (3) aU other renb, issua and 'proGa ot the premisea !wm dux to time xciuins. rrhethet under kases or tenancia now existing or henafter ueated; in each such case wit6 tl~e risfit ia t6e ~o~tsa~te, but oahj at iu option. to rcceivr and receipt there(or and to apply the same as it may elect to an~ udebtedness secured hereb~r, aad the ~ortgaacc, at its option, may demand, sue tor and recoeer any such payroents, raening to the Mwtgabor, Iwwe~~rt. ao loaa as ssid Mort6a~or is no! in default hereunde~, the right to recei~•t and rctain wc6 rents, issua and pmfits. . (b) AU judgments, awards o[ damages and settkmrnb hereatter made as a n~sult o( or in lieu o( any taking of the premisa or any part thereo( under ehe powe~ o[ aninent domain, or tor aa~ damaae (whether esused bp such uking o~ othm+risel to the premises or the impro~•emrnts thereon o~ u?y part thcrYOt; suc6 p~rt o! aa~ suc6 judsment, award or settkment, as the Mortgagee may elect to be applied to t6e iadebtednas Lereby sccured and the balaace tbenot, if any, to be rescrved to the party or partia' otherwise entidtd thereto. - ~ ' TO HAVB A:VD TO HOLD tbe above aranted and described prrmises to the said ~tortgagee, its successon and assigns, fore~•er, a~d the said Mortgagor does hereby fultr Mramnt the tide to said land, and wiq de(cnd the same against the iaw[ul daims oi all persons whomwe~xr; prw~ded a}waps that if 1ltortgagor shall par to Mort~a5ee that certaia promissory aote abm•e desctibed and shaU per[orm all othv co~enantt and conditions of said promistory note, and ot anr rmewal, e:tension or nwdi- ficatio~ thereof, and ot thu mostgasq tbrn this mortgage and the estate h~reb~ created shaU cease and Ix null and ~vid_ I?fortgagor further cmrnanb and a~ms with ~[ongagee as tol3ovrs: _ paY g b~r whrn due, as prorided for in said prom:ssory note and anr renewal, ~ t. T~ all sums includin interat secured bere cxtension or mod~Ccation thercof and in thu mongage, ap such sunu to be parabk in lawful maaey o! the L'nited States of ~ America at Mortgagee's aforesaid, principal offic~, or at such other plue as Mort~ager may designate in writing. ~ 2. To • pay whrn dut, and without rrquirina anr aotice iwm ~iortga~ee, atl tases, a~a++rna of any type or aature ~ and other c6arga le~•ied or assessed against the premises her~by encumberrd or anY intrrest o( 1lortgage therein. To immediately pay and discharge any .claim, lien or encumbrance against such prcmises vrhic6 mar be or become superior to this mortgage and to permit no default or delinquency on any other lirn, encumbrance or charge against such premises. 3_ I[ requiied by 1liortgagee, to also make monthly deposiu with ~lortgasee, in a non-interest beariag account, together with and in addition to interest and principal, of a sum equal to onrt+r~lfth of t6e yeariy w~ces and assesunenet which may be , le~~ed against the premises, and (if so required} one-tvrelfth of the a~arl~ prrmiums (or i~unrance t6ereon. The amount of such t~ea, asusunrnis and premiurt~ . wlien unknown, shall be estim~ted by ~iortgagee. Sucb deposits shall be used by Mortgagee ~ to pay such taxa, asuumenu and premiuaa yrhrn due_. 11ny ins4(ficienty_ of such account to paf such charges when due shatl be paid by Mortgagor to I1lortgagee on demand. If, by reason of anp deEault bp 1lfortgagar under any, pro~ision of this mon- gage, Mortgagee declares atl sums secured hereby to be dut aad payabk. :lfortqa~ee nia7r then applY anp funds in said account against the entire indebtedness secured hercby_ The enforceability o( the co~-enanu reWting to taxes, assessments and insurance premiums herein otherwise pro~•ided shall not be affectrd c:cept in so far as thaae obligatiora have been met by compliance with this paragraph_ 1liortqagee may (rom time to time at its option vraiae. and after anT such .raiver reinstate, an~ or all pmvisions . hereot tequiring such deposits, by notice to Mortgagor irt writine. 11 h~e any such wzi~~er is in ~ffect Mortgagor shall pay tax~s. asussments and insurance premiums as hetein elsewhere pro~ided. 4. To pa~ all taxes, stamp taz or other charge whic6 r~uY be ass~ud upon thu murtgage, or said note, or indebtedness securcd he~ebq, without rc¢ard to any law, Fedenl or Stat~, heretofore or herrafter rnacted, imposing pay-ment of aU or any part thereof upon !liortqagee. In e~~ent of rnacunrnt o[ ang Iaw impoain3 paTment of alt ar anp portion of any such axes upa~ Mortgagee,~or the rendering by anp court of last resort of a decision th~i the underta~ing bj aiortgagor. as hercin pro~ided, to paY such ta: or taxes is legally inopcrative, then, unless I?iwtgagw nea•erthdess pa~s snc6 usa, all surns herebq securcd. without any deduction, shall at the option of ~fortgagee become immediatd~ due and payaMe, notvrithstanding anything contained her~i~ or any law hentofore or hereaft~r rnacted. - S. To kee the remises insured a y~ - p p gainst loss or damase hy fire. ~rindstorm or actrndect ouvrrage and such otber hazards as may be required by Mongagce, in form and amounts satisfutory to, and in insurance companies approt~ed by ,iortgagee, aad with acceptab)e mort.qagre bu payable clauses attached. Such policia, toscther ~vith sucL abstracts and other title cvidrnce as may ~ be required by Mortgagcr, shall be deln-ered to and held bp MortSaEee without liab~iq_ Lipon foreclosure ot this mongage or other acquisition of the premises or any parj thereoi by Mortga~ee, said poiides, abstracts and title rvidrnce sha11 become the absolute property o( iliortgagee. , 6_ To fat obtain the writtrn consent of Mortgagee, s~xh wnseat to be sranted or witLheld at the wle discrction of such MortgaQee, before (a) rcnwving or demolishinE anr buiidins nawr or hereafter erected on the premisn, (b) altering the arrange- ment, desircn or structural character thereof, (e) makinE an~'repairs Mrhid~inad~~e the rauwval of structural parts or the . exposure o( the interior of such buiMinS to the elements, or (d) e~ccrpt for damestic purposes, cutting or rrawving or permitting ~ the cutting and remrnal o( any trres or timber on the prraiis~ 7. To maintain premises in good condition ar?d npair, includin3 but not limiud to the making of.wch repain az~iongagee • may from time to time drtermine to be necessary for the preservation o[ t}x premixs and to not commet nor permit any waste tlureof. 8_ To comply with aU laws, ordinances, rcgulations, co~-enants, conditions and restrictioas afiecting the premises, and. not ~ to suffer or permit any violation thereof. 9. If Mortgagor faih to par any ciaim, lim or encumbrance v+hich u wprrior to this mortgase, or, w6rn due, any tu or assessment or insurance prcmium, or to keep the premises in repa'v, or shall commit or permit waste, or if then be commenced any action or proceeding affecting the peemim ar tLe title tLerew, thrn Murtsasee, ~t its option, map pap said claim. lirn, rncum- ' branc~, tax, assessmrnt or premium, with right ot subeogation thereunder, may mtke suc6 repain and take such steps as it deem; advisable to prevent or cure such waste, and mar apQear in an~ such ution or proceeding aad retain counsel therein, and Wke such action therein as •Mortgager deems ad~isable, and for a~+ d said purposes Mortgagee may ad~•ance such sarm of mon+ry, including all costs, fees and othet items of expense as it derms nccessas~. Mort~agee siull be the solc judge of the legality, validity and priority of any such claim. lien, eacwnbrance, tu, asesmient and pcemium, and o( the amount necessary to be paid in satisfaction thereof_ Mortgagee shaU not be held accounubk for any dela~ in making any sac6 payment, which delay may result in any additional interat, coat, charges or raprnse othen~rise_ i0. 1liortgagor wil) pay to :~Iortgaget, immediueiT and vrithout deroand, all sums oi monty adcanced by 1~ortgaeee punu- ant to this mortgage, together with interest on uch sach adranceaxnt ~t tbe nte of trn per crnt (10~lc ) per anoum, and all such sums and interest thereon shap be secured 6ercbq. i 11. All sums of money secured hereb~ s6a11 be payabk vritlwut ao~ relid ~.hatevrr fram an~ valwtion or appraisement laws. t 12. I! default be made in payment of anr iast~lment of principal or intrnest of said note or a~ pzrt t6eceof when due. or ~ in payment, whrn due of anr othn sum secured hereby, or in performance of an~ of Mortsagor's oWigations, cm~enanb or ' agre~ments hcreunder, all ot the indebtednest secured bersb~ sha(1 become and be immediately due aad paTable at the option of Mortgagee, „rithout notice or demand which are 6ertbr ezprdsl~ ~vair~rd, in which nm~t Mortsagee ma~ a~-ail itself of aU righb and remedies, at law or in equitr, and this mortsage ma7r be fore~closed vrit6 all ri~ts and remedies afforded by the lar,n of Florida and Mortgagor shall pay all cost:, chuges and apanes thereo(, including a rczsooabk attornq's fee. e~217 ~172~ ~ s_~.. ~ __fi _ _ ~ . i ~ _ ~ ~