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HomeMy WebLinkAbout0282 . f TOCETHER W[Tfi al) a~d ungutar the tcnem~nb, he~editaments and appu~tenancea thercunto bebngin.g ur in anywiu thereunto appeitaining and thc rrnu, issun and profits thereot, and alw all the estate, right, title, intetest and all claim and ~ dcmand whatsoeve~. as weli in law as in equity, ot the said Atortgago~ in and to tAe same, including but not timited tu: (a) AU rents, profiu< <evenua, royalties, rights and benetits derived (rom (1) crops gmwn on said secu~ity aod produce f of the soil otherwise (2) oil, gas or mineral leases of thc prcmisa or any part thereof, now existing or herrinattrr made, and (3) all other rents, issua and 'profits o( the premisa from time to time accruing, whether undar leases or tenancies now ezisting or hereafter created; in each such cau with the cight en the I?io~tgagee, but only at its option, to recei~•e and receipt there(or and to apply the same as it may elect to any indebtcdncss secured hereby, and the tiiortgagee, at its option, may Jemand, we for and recover any such payments, reserving to the I1for~gagor, however, so long as said Mortgagor is not in dc(auk hereunder, thc ~ight to receive and retain stich rents, iuues and profits. (bj All judqments, awards of damages and sctt2~m~nts h~reafter made as a result ol or in li~u of any taking o( the premues or any pa~t. thereof under the power o( emincnt domain, or for any damage (whether caused by such talcing or othcrwisc) to the premises or the improvements thereon or any part thereof; such pa~t o( any such judgment, awanl ot settlement, as the Mortgagee may elect to be applied to the indebtednesa hereby scrured and the balanct the~eo(, if any, to be r~served to the party or partia otherwise entitled thereto. TO HAVE AND TO tIOLD the above granted and dcscribed premisa to the said 1liottgagee, its successon and assiqns, ~ (ore~•er, and the said I?tortga~or dors hereby fully warrant the title to said land, and will det~nd thc same against the 1:?~v(ul ; claims ot aU persons whomsoer•er; provided always that it Aiortgagor shall pay to Mortgagee that certain promissory notc abov~ desctibed and shall perform all other covenants and conditions of said promissory ~ote, and of any renewal, extension or modi- (ication thereof, and of lhis mortgage, then this mortgage and the alate hereby crcated shal! cease and be null and void. Mortgagor (urth~r co~rnanu and agrees with Mortgagee as follows: 1. To pay al! sums indudiag interest secured hercby when duc, as providec! tor in said prom:ssory note and any renewal, catension or modification thereof a~d in this mongage, all such sums to bc payable in lawful muney of the Unit~d States of America at Mortgagee s a(orcsaid principal office, or at such other place as 1lfortgagee may designate in writing. 2. To pay wh~n due, and without requiri~g any notice (rom I~fortgagce, ail taxcs, auessmenu of any type or naturc and other charqes le~•ied or assessed against the premises hercby encumbe~ed or any interest of \iort,qaqe th~rcin. To immediatel} µay and discharge any claim, lien or rncumbrance against such premises which may be or become supe~ior to this mortgagc and to permit no default or delinquency on any other lien, encumbrance or charge against such premises. 3. I[ requireci by I?iortgagee, to also make monthly d~posits with 1ltortgagee, in a non-interest bearing account, together with and in addition to interest and princip:?1, of a sum eyual to one-t~v~lfth of the yearly taxcs and assessments which may be le~~ed against the premises, and (if so required) onNtwrtfth of th~ y~ariy premiums for insurance the~eon. The arrwunt of such taxcs, asscssments and premiums, when unknown, sha11 be estimatrci by 1lfortgagee, Such deposits shall be usecl by MortgaqcY to pay such taxa, assessments and premiums ~vhen due. Any insu[ficiency of such account to pay such charga when due shall be. paid by 1ltortgagor to I?tortgagee on demancl. If, by r~ason of any de(ault by Mortgagor under any provision of this mort- gagq ~iortqaqee dectares all sums secured h~r~by to be due and payable, Mortgagee may then apply any funds in said account . against the entire indebtednrss secured hrreby. The enforceability ot the covenants rtlating to taxes, asussments and inwrance prcmiums herein othenvise pro~•ided shall ~ot be a(f~ctai ex~ept in so far as those obligatiorts have bcen met by compliance with { ~ this paragraph, 1lfort¢agee may from time to time at its option wai~•e, and aher any such waiver reinstate, any or al1 provisions j hereof requirin,q such d~posits, by notice to 1lfortgagor in writing. 1~'hile any such waia•er is in effect Mortgagor sha11 pay tates, ~ ass~ssmrnts and insuran~e pr~miums as h~rein dsewhere pro~~ided. 4. To pay all ta~~s, stamp tax or othfr charge which maq be ass~ssed upon this murtgage, or said notq or indebtedness secured hereby, without regard to any law, Federal or State, heretofore or hereafter rnacted, imposing payment of all or any part th~reof upon Mortgag~e. 1n event of enactment of any law imposing payment of all or any p~ortion of any such taxes upon Afortgagee, or the rendering by any court of last re:ort o( a decision that the undertakinq by 211ortgagor, as h~min pro~•ided, to pay such tax or taxes is legally inoperative, then, unlas 1liortgagor ne~•erth~less pays such taxes, all sums hereby secured, without any deduction, shall at the option of lfortgagee becoine immediately due and payablc, notwtithstanding anything contained herein or any law h~retofore or herealter rnacted. 5. To keep the premises insured against loss or damage by fire, windstorm or ~xtended coverage and such other. hazards as may be required by ifortgagee, in form and amounts satisfactory to, and ia insurance rompanies approved by 1liortgagee, and with a~«ptabl~ mortgaq~e loss payable dauses attached. Such policia; tog~ther with such abstracts and other title e~~iden~e as may be reyuircd by Mortgagee, sha11 be delivered to and held by Mottgagee without liability. Upon foreclosure of this mortqage or othet acquisition of the premises o~ any part thereof by Mortgagee, said policies, abstracts and title e~idence shail berome the absolute property of 1lfortgagee. ' 6. To first obtain the writte~ consent of Mortqaqee, such tonunt to be gra~ted or withheld at the solt discretion of such I~fortgacee, bcfore (a) removing or demolishing any building now or hereafter erected on the premises, (b) altering the arrange- ment, desi¢n or structural character thereot, (c) mating any repain which invol~~e the remocal of structural parts or the eaposure of th~ interior of such building to the elements, or (d) except for domestic purposes, cutting or removing or permitting the cutting and remo~•al of any trea or timber on the prcmiss. 7. To maintain premises in good condition and repair, including but not limited to the n~aking of such npairs as ~lortgagee - may from time to time dctermine to be necessary for the preservation of the pr~mises and to not commit no~ permit any ~vaste thereo(. 8. To comply with all laws, ordinances, regulations, covenanu, conditions and ratrictions affecting the premises, and not to suffer or permit any violation thereof. 9. If Mortgaqor fails to pay any.claim, lien or encumbrance which is superior to this mortga,qe, or, when due, any tax or assessment or insurance premium, or to keep the premises en repair, or shall commit or p~rmit waste, or if there be commrnced any action or proceeding affrcting the premises or the title thereto, then Mortgagee, at iu option, may pay said claim, liea, enrum- ~ braoce, tax, auessment or premium, with right of submgation th~reunder, may ma4e such repain and take such steps as it deems } ad~•isable to pm•ent or cure such waste, and may appear in any such action or proceecling and retain ~ounsel thercin, and tate i surh action therein :u Mortgagee deems adeisable, and for any of said purposes Mortgagee may ad~•ance such sums of money, ; including all costs, fces and other items -of expense as it deems nrcessary. Mortgagee shall be the sole judge of the lrgality, ` ~•alidity and priority of any such claim, lien, encumbrance, tax, assessment and premium, and of tht amount necessary to be paid in satisfaction thereof. 111ortgagee shall not be held accountable for any delay in mating any such paym~nt, which delay may result in any additional interest, cost, charges or expente otherwise. 10. ~iort¢a¢or will pay to !lfortgagee, immediately and without demand, all sums of money advancecl by ATortqaGC~ pursu- ' t ant to this mortgaqe, together with interest on each such ada~anc~m~nt at the rate of ten per cent. (]0!"c ) per annum, and al1 ~ su~h sums and interest thereon shall be sccurcd hereby. I 1. All sums of money secured hereby shall be payable without any relief whatever from any valuation or appraiument laws. _ 12. If default b~ made in payment of any instalmrnt of principal or intercst of said note or any part thereof when due, or : in payment, when due of any other sum secured hereby, or in performance of any of Mortgagor's obligations, covenanu or agreements her~under, all of the indebtedneu ucured hereby shall become and be immediately due and payable at th~ option of Mortgagte, without noti~e or demand which are h~rehy expressly waived, in which cvent Mortgagee may a~•ail itu•)! of all rights and remedies, at !aw or in cquity, and this mortgage may be foreclosed with al) rights and remcdies afforded by the laws of Florida and Mortgagor shall pay all costs, charges and expenses thereof, including a reasonable attorney's fee. eooK 219 ~A~~ 282 ~ ~ ~ ~ - - ~ ~ - '~~~~~~,z~`~~.`~~ ~ • .