HomeMy WebLinkAbout0740 • TOGF.THER ITII aU and singular thc te~emcnts, hcreditamcnts and appurtrn~nces then•unto lxlongii~~ or in anywis~
thereunto appertaining and ehr renb, iuues and profits thrrrnf, aod also all the estatc, right, ti~l~, interest anil all claim ~nd
de?nand whatsoeve~, as well in law as io equity, o( the said 1ltortgaGor in an~ to the aamq including but rtot limitecl to:
AU rents, protits, revcnua, royalti~s, right: and bene(its d~rived irom (1) crops grown on said ucurity and prexluce
ot tht 7Di1 otherwiu (2) oil, gas or mine~al leases of the pr~mises o~ any pa~t thereof, now existinq on c~reiuaftrr rnaclc, and
all other rents, issues and pro(it: of the premis~s from time to time accruing, whether under leas~s or tenlnci~: now existing
o~ hereafter ereated; in each such case with the right in the I1lortgagee, Lut o~~ly at its option, to r~rei~•e and receipt there(or
a~d tu apply~the same as it may clect to any indebt~dneu securrcf hereby, and the Mortgagee, at its option, may demand, sue (or
aod ~ecorer any such paymrnts, resen•ing to the rlortgagor, however, so long as said I1lortgagor is not in default hereund~r, the
right to receive a~Hl retain such rents, issues and profits. . •
(b) Al! judgmrnts, awarcts of eiamaga and sctdcrnc~ts he~ea(t~r made as : result of or in licu of any takinq of th~
premis~s or any part thereof undcr the power o( eminent domain, or (or any damagc (whether causn! by such takinq or othcrwis~)~ J
to the premisa or the impro~~ements therton or any part thereo(; such part o( any such judgm~nt, aw.~rd or settlcmrnt, as thc
111ortgagee may elect to be appli~d to the indebtedness hereby sccure~d and th~ balance therrof, if any, to bc rescrved to the
party o~ partiea otherwise rntid~Yt thereto.
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TO H:iVF. A\~ TO IiO1.D the above granted a~d deseriFxYl pirmises to the said I1lortgagre, its successon and assicns,
fore~•er, and the said Iltortq~gor dtxs hcreby (ully warrant thc tide to said land, and wil) defend thr same aGainst the lawful ;
cl.~ims of all penons whomsoea•er, pro~~ided always that i[ Atortgaqor shal! pay to Mortgagee that certain promissory note abo~•e
described and shall Exr(orrn all other co~•~nants and conditions of s~id promissory not~, and of any r~neN•a!, extension or mocli-
(ication th~reof, and o( this mortgagq thert this mortgage and ~he cstate hereby crcatcd shaU cease and bc ntdl and ~•oid.
Mortgagor furth~r covenants and agrers with I?lortgagee as follows:
1. To pay all sums induding interat securrd h~r~by when due, as pro~•ided for in said prc~m~uory• note and any renewal,
cxtension or moditication thereo( and in this mortgag~, all such sums to be payable in lawful money of thc L?oited Statcs of
~ :lmtrii•a at 1liortgaqe~ s a(or~said principal of[ice, or at such other plare as 1lfortgagee may drsignate in writing. ~
2. To pay wh~n du~, and without reyuirinq any notice from 1lortqagee, all taxes, asscssments of any type or nature f
• a~d othcr ch~rgcs le~•ircl or assess~el against the premises hereby encumbercd or any intcrest o[ 3fortqaqe thercin. To immnliately
pay and di:charqe any claim, lien or encumbrance aeainst su~h pmmises whieh may be or Mco~ne superior to this rnortQage and
to permit no default ar delinqu~ncy on any other lien, ~ncumbrance or charge against such premises. ~
3. If reryuirec! by I1~ort¢agce, to also make monthly dcEwsits with MortQagce, in a non-intcrest bearing a~~count, toGether ~
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with and in addition to interest and principal, o[ a sun~ equal to one-twelfth ot the yearly taxes and auessments which map t?e \
levied a¢ainst the premises, and (if so requirMl) one-t~.clfth of the yearly premiumz for insurance thereon. The arnount of ,such ~
tates, assessrnents and prcmiums, when unknown, shal! be estimat~Yl by \tortgaqee. Such deposits shall 6e usecl by Asortgagce
to pay such tax~s, asseum~nts and premiums ~hen due. Any insu[ficirncy of wch account to pay sueh charges wh~~ due sh~ll
be paid by ?11ort~aqor to .liortgage~ on d~mand. IL by reason of any defatdt by 1ltortqaqor under any pro~•ision of this mort- ~
gage, ~IO~q7~CP declares all silms scrured h~r~by to fx due and pay:ible, ~iortqagee may then apply any funds in said account
against tht entire indebtedneu securec! hereby. The ~nforce~bility of the covr~ants relatin¢ to taxes, asussments and insurance
premiums herein oth~rwise pro~•ided shall nut be af(~rteel eY~-~pt in so (ar as those obliqations ha~~e been rnet hy compliance with
this paraqraph. 1ltort¢a¢ee may from time to time at its option w~i~~c, and a(ter any such waiver reinstate, any or a4 provisions
h~reof requiring such deposits, by notic~ to l~fortqaqor in wtitin4. {1'hile any such waiver is in effect A~ortgagor shall pay taxes,
assessments and insurance premiums as herein elsrwhere pro~•idecl.
To pay a!1 taxes, stamp tax or othrr ch~rge which tnay be ass~ssecl upon this inurtGagr, or said note, or indcbteclness
secnrc~ hereb~, without re¢ard to any law, Federal or State, heretofore or hereafter enacted, imposin~ pa~ment of al) or any
part thorcof upon ~{orte:?Gee_ In ~~•~nt of ~nactment of any law imposing paymrnt of all or any portion of any such taxes upon
1{ortgagee, or the ~enderin~; by any court of iast resort of a decision that the undertakinq by l~iortqaqor, as hrrein pro~•idecl, to
pay such tai or taxcs is le~ally inopcratirc, then, unless Ilfortgagor ne~erthcless pays wch taxes, all sums hcreby serurcd, without
any deduction, shall at the option of :liortgagee become immrdiately due and payable, notwithstandinq anything containecl hercin
or any law heretofore or hercafter ~nactcd.
5. To keep the premises insured against loss or damage by fir~, windstorm or extended coa•enge and such other hazards as
may be required by :liort~a¢~e, in fornt and amounts satisfactory to, artd in ins~rance companies approeecl by 111ortgagee, and with ~ ~
.9ffPpL.1hIP mortqaqee loss payable clauses attached. Such policia, together with such abstraets and other title eviden~e as may
bc rryuirecl by 111ortgagee, shall be deli~~ered to and held by Mortgagee without liability. Upon foreclosurc of this mortgag~ or ~
other acquisition of the premises or any part thereof by biortqagee, said policies, abstracts and title evidence shall becorne th~
absolute propcrty of ~fortqa~c~.
fi. To Grst obtain the wtitten conunt of lliort~agee, such consent to bc Qranted or withheld at the sole discretion oi such
\;ortgaecc, brfore (a} removing or dcmolishing any building now or hereafter ertcted on the premis~s, (61 altering the arrangr
ment, desi¢n or structunl character thereof, (c) making any repain which imroh•e the removal of structural parts or the
exposure of the interior of mch building to the elements, or (d) except for domestic purpos~s, cutting or remo~~ing or permittinq
th~ cuttinq and r~mo~•at of any trees or timber on the premises_
7. To maintain pr~mises in qood condition and repair, including but not limited to the m:ikinq of su~h rPpairs as ~iort,qagee
may frorn time to time detrrmine to be nect~ssary for the preservation of the premises and to not commit nor permit any ~vaste thereof. ~
8. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions a(fecting the premises, and not ~
to sufier or permit any ~•iolation thereof. - ~
9. I( Mortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or
assrssment or insurance premium, or to kerp the premises in repair, or shall commit or permit waste, or if there be commenced
any a~tion or procecding affecting the premises or the title thereto, then Mortgagee, at its option, may pay said claim, lirn, encum-
T
brance. tax, assessment or premium, with right of subro,qation thereunder, may make ~uch repain and take such steps as it deems
ada•isable to pre~•ent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, a~d take (
su~h action therein as 1lfortgagee deems advisable, and for any of said purposes Mortgagee may ad~•a~ce such sunu of moaey, j
including all costs, fees and other items of expense as it dcems necessary. Mort,qagee shall be thr sole judge of the legality, f
~•alidity and priority of any such rlaim, lien, encumbrance, ta~c, assessment and premium, and of the amou~t necessary to be paid °
in satisfaction thereoL 1lfortqaq~e shall not be held accountable tor any dday in maki~q any such payment, which delay may
result in any additional int~rest, cost, charges or expense otherwise.
1(1. ~toriga¢or will pay to DtortGagee, immediately and without demand, all sums o( money advancecl by ~fortGa~ce pursu-
ant to this mortgaqe, toqether with interest on each such ad~•aneement at the rate o( ten pcr cent (10 ;y~ ) prr annum, and all ~
such sums and interest thereon shall be secured h~reby. #
i 1. All sems of money securcd hcreby shall be payable without any relief whatever (rom any valuation or appraisement laws. ~
12. If d~fault bc made in payment o( any iostalm~nt of principal or interest o( said note or any part thereof when due, or ~
in payTr?ent, when due o( any other sum secured hereby, or in performance o[ any of Mortqa,qor's obligations, covenants or
agreemenu hereunder, all of the indebtedneu secured hereby shall become and be immediateiy due and payable at the option of
Mortgagee, without notic~ or demand which are hereby expressly waived, in which es•ent Mortgagee may at•ai! itselt of all rights
and rcmcdies, at law or in equity, and this mortgage may be toreclosed with all rights and remedies a([orded by the laws of
Florida and Mortgagor shall pay all costs, charga and expenses thereot, including a reasonable attorney's ice.
B~~x2~9 Pa~ .74Q 6 oK219 ~ 19
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