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HomeMy WebLinkAbout0171 i TOCETHER ~YITH all and singular Ihc tenemrr?ts, h~~nlitament: and appurten:~nces Iherrunto lxlonginS o~ in :~nywise q thereunto appertaining and thc rrnts, iuues and pco(its thereof, and also ail the estate, right, title, intereyt and ~II ctaim and demand whatsocver, as wcll in law as in equity, oi thc said Atortgagor in and to the samc, including but not limiteY! to: (a) All r~nts, profits, reve~ua, royalties, riqhts and benc[its dcriveci trom (1) crops g~ow~ on said security and produce of the soil otherwise (2) oil, gas or mineral leases oJ ihe p~cmises or any part thereo(, now rxisting or hercina(ter made, and (3) all other reou, issues and "protits of the premues (rom time to tiine accruing, whether under leases or tenanci~s now existing or hereatter created; in each such case with the right in the Iltortgagee, but only at its option, to ra~ei~•e and receipt lI1CfPfOf - and to apply the same as it may e[cct to any ind~btnincss securcd h~rcby, and the 1lfortgagee, at its option, tnay ~1c~n~nc1, su~ (or and rerover-any surh paymcnts, resen•ing to the \iortgagor, how~ver, so long as said I~iortgaqor is not in drfault hcrcunder, the right to recri~•e and retain such rents, iuues and profits. ~ (b) All judgments, a~vanls of clamagcs ancl scttl~meots he~cafter made as a result of or i~ lieu of any takinQ o( the prcmises or any part thcrcof undcr the power of etnin~nt dom~in, or (or any darnage (whether causeci by such takin~ or othcrwise) ~ to the premiscs or thc impro~•emcnts thercon or any part thereof; such part of any such judgment, award or settlement, as the 111ortgagee may dect t~ be appliecl to the indebtedness hereby ucu~rcl and the balance the~eof, it any, to be resen•ed to the party or partia otherwise entitlcct thereto. TO IIAVE A\D TO IIOI.D the above granted and describeci premis~s to the said rtortc:?g~e, its successon and assiGns, ~ fore~•er, and thc said Morteagor docs hercby fully warrant thc title to said land, and wilt def~nd the sam~ aGa~nst thc lawful claims of all penons whorn:oe~•et; proe~ideci always that if \tortgagor shall pay to l~tortgag~e that certain promiuory note abo~•e ~ dcscribcd and shall pcrtorm all other coecnants and conditions oi said promissory note, and ot any-rcnewal; cxtension or m«li- (ication thereof, and o( this mortqage, thrn this mortga¢r and th~ cstate h~reby created shall cease and fx nuU and ~•oid. ~ - riortSagor furthcr covrnants and agrees with ~tortgaqee as [ollows: 1, To pay all sums incluJing i~terest serured hereby whcn duc, as pro~~ided (o~ in said prom~ssory note and any renewal, ~ extension or moditication thereof and in this rnortgage, all suc6 sunu to be payabit in lawful mc.ney of the Unittd States of ~ :imerics at bfortgaqee's a(oresaid principal ofCc~, or at such oiher plac•e as I?fortgagec may designate in writing. 2. To pay wAen du~, and without rcquirin,q any notece trom 1lortgagee, all taxes, ass~ssmcnts ot any type or nature ` and other charges lt~•ied or assesseJ agai~st the premiscs hereby encumbereci or any interest oi ~lortqage therein. To immrdiatel~• pay and discharee any claim, lien or encumbrance :?eainst sueh premizes which may be or become sup~rior to this mortgage and to pennit no de[ault or d~linquency on any oth~r lien, ~ncumbr~nce or charge against wch premeses.• ~ 3. If required by 1lforteagce, to also mak~ monthly~ deposits with \iortgagee, in a non-interest bearing account, toqeth~r with and in addition to interest and principal, o( a sum cY{ual !o one-t?vrlfth of the ye~rly taxes and ass~ssments which may be ~ l~vied a~ainst the pr~mises, and (i( so requirecl) on~-twelfth of the yearly pr~miunu (or insurance thereon. The amount of such ' taxes, aucssments and premiums, whcn unkcown, shall be estimat~~d hy !lfortgagce. Such dcposits shall be uscd by :liortga¢ee to pay such taxes, auessments and premiums when du~. Any insuffi~-icncp of such accou~t to pay such charges when d~e shal) be paid by 1lfort¢~GOr to A[ortqagee on d~mand. If, b}• r~ason of any def~ult by Mortgagor under any pro~•ision of this mort- QSQr, :11ortQa~ee d~clares all sums sccured h~reby to tx due and payable, ~torteaQcc may then apply any funds i~ said account against 1ht rntire indebtc~lness secured hereby. The rnforccability of the co~•enants relatinq to taxes, :?ssessments and insurancc premiums hcrcin oth~rwise pro~-id~ci shall not be affccteci exccpt in so far as those obiiQations haa~e bcen met by rompliance with ehis paraQraph. Afc:te~¢rc may from time to time at its option wai~~c, and after any such wai~~er rcinstate, any or all pro~•isions hereof re~quirinq sn~h d~posits, by notice to \tort¢aqor in writinq. ~~'hile any such waiver is in ~[fect Mortgagor shall pay taces, assessments and insurance prcmiums as herein elsewhere pro~•ided. 4. To pay all taxes. stamp tax or other charge which may lN asseued upon this mortQaq~, or said note, or ind~btniness secured herebg, without re¢ard to any hw, Federal or State, heretofore or h~reaft~r enacted, imposinq p~ym~nt of all or an~ part thPrcof upon liorte~.see. In r~~ent of rnactmcnt of an}• law imposinq paymrnt of all or an} portion of any such taxes upon 1~iortgaqee, or the renderin,q by any court o( last resort of a decision that the undertaking by 1liortgagor. as herein pro~•ided, to ~ pay such tax or taxes is leeally inoperati~~e, then, u~leu Aiortgaqor net•ertheless pay~s such taxa, all sums hereby secured, without ~ any deduction, shall at the option of ~fortgagee become immediateiy due and payable, notwithstanding anything containrd herein or any law heretoforc or herraftrr enarted. 5. To k~rp the premiscs insured against loss 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 eompanies approvcd by ~iortgagee, and with acreptable rre~rt¢ag~e loss payable clauses attached. Such policies, together with such abstracts and other [~tle ecidence as may be rcqui~al by Afort¢agce, shall be deli~•erec! to and held by Mortgagee without liability. Upon fortclosure of this mortqage or other acquisition oi th~ premises or any part thereof by biortga¢ee, said policies, abstracts and tide eridrnce shall become the absolute propPrty of \fortqaqee. ~ fi. To first obtain the written consent of 111ortqaqee, such consent to be granted or withheld at the sole discretion of such ~ AtortgaSce, Ix~fore (al removing or demolishing any building now or hereafter erected on the premeses, (b} altering the arrange- / ment, dcsixn or structural character thereof. (t) making any repain which in~-olve the remo~•a1 of structural parts or the ~ exposure of thc interior of such building tq the el~m~nts, or {d) except for domestic purposes, cutting or removing or permittinG thc cuttinq and remo~~al of any trees or timber on the premises. 7. To maintain prcmises in good condition and repair, ineluding but not limited to the makinq of such npairs as ltortgage~ may from time to time determine to be necessary for the preservation of the premises and to not commit nor permit any ~vaste thereof. ' i 8. To comply with all laws, ordinances, regulations, co~enants, conditions and restrictions affecting the premises, and not ? to suffer or permit any ~•iolation ehereo(. ~ 9. If biortgagor tails to pay any claim, iien or encumbrance which is superior to this mortgage, or, when due, any tax or ~ asscssment or insurance premium, or to keep the premises in repair, or shall commit or permit waste, or if there be commenced , any a~tion or proceeding affecting the premises or the title thereto, then Mortgagee, at its option, may pay said claim, lien, encum- ; brance, t~x, assessment or premium, with right o! subrogation thereunder, may make such repairs and take wch st~ps as it deems ad~~isable to prevent or cure such wute, and may appear in any such action or proceecling and retain counse) therein, and take su~h action thereia as I?~ortgagee d~ems adr•isable, and for any of said putposa Mortgagee may ad~•ance such sunu oE monty, inrluding all costs, fees and other items of expense as it deems necessary. Mortgagee shall be the sole judge o( the legality, ~•alidity and priority of any such daim, lien, encumbrance, tax, assessment and premium, and of the amount necessary to be paid in satisfaction t6ereof. ~fortgaqee shail not be held accountable for any delay irt makin.g any such payment, which delay may resalt in any additional interest, cost, charges or expense otherwise. 1A. Mort¢a¢or will pay to ~fortgagee, immediatdy and without demand, all sums of money advanced by AfortgaGC~ pursu- ant to this mortq~ge, together with interest on each such ad~•ancement at the rate of ten per cent. ( lOr/e ) per annum, and all such sums.and intcrest thereon shall be securcd hereby. I 1. All~ums of money secured hereby shall be payable without any rclief whatever from any valuation or appraisement Iaws. 12. If d~fault bc made in payment of any instalment o( principal or interest of said note or any part thereof wh~n due, or in payment, when due of any other sum secured hereby, or in performance of any of Mortgaqor'~ obiigations, co~•enants or agrecments hereunder, a)1 of the indebtrdness secured htreby shall become and be immediately due and payable at the option of Mortgagce, without notice or demand which are hereby expressly waived, in which event 1lfortgagee may at•ail itself of all rights and remedics, at law or i~ equity, and this tnortgage may be toreclosecl with all riqhts and remedies afforded by thc laws of Florida and Afortgagor shap pay all costs, charges and e:penses thereof, induding a reasonable attorn~y's Icr. ~~ox 2~.8 PA~ ~71 . x . - s ~=z..._„_~ a - " . . z~ ~„n. ~Fa~.~