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HomeMy WebLinkAbout1990 TOGETHER WITH all and ungular 'the tenements, Aeredituaenp aod appurtrnanca thercunto bcbaaing or in anYwise thereunto sppertaining and thc rcnts. issua and pro(its therrot, and also aU t6e esute, right. title. iaterest and ap clz~m and demand whatsoever, as well in law as in equity. ot the said Mortgagor in and w tLe umc, includins but not Wnited to: (a) All rents, profits, revenuea. royalties, righq and benefits de~ived trom (1) crops srown on said securihr and produce ot the ~il otbe~rwise (2) oil, gas or mineral leases ot the premises or anr part thereot, aov? ezistins o~ hercinafter made, and (S) aU other nnts, iasua and 'pmfib of the premises from time to time accruina. whether uoder leases or tenancies oow eascin5 or. hereaf~er created; in each such case with the right ia the Mortgaget, but only at its option, to recei~'e and receipt therdor and to apply the ~rne u it may elect to anr indebtedness secu~ed hereby, snd the Mortgasee, at iu op~ioo,• may drnwnd, sue for and recoa•er any such paymenb, reserving to the Mortgaaor, hovrever. so bna u said MortgaSor is not in detault herrundu, the right to receive and retain such rents, issues and protiu. (b) All judgments, awards of damaga and uttlements herea[te~ nude as a resuit oi or m iieu d anr iruia~ ~ri :uc premises or any pan thereol under the power o[ eminent domain, or [or any damage (whether caused by such taking or othrnvise) to the pre~nises or the improvements thereon or any part thereot; such part o( any such judgment, avwsrd or se~tkment, u the Mortgagee may elect eo be applied to the indebtedness hereby secured and ehe balaace thereof, if aoy, to be re~scrved to the ~ party or partia otherwise entitled ehereto. , TO HAVE AND TO HOI.D the above 6ranted and deuribed pccmises to the said Atortgagce, its succcssors and assiSm. ( forerer, and the said Mortqagor does hereby Eully warrant the title to said land. and wiU de(end the s~me aga~nst the 4?wtul ~ daims ot all penons whomsoever; provided alwaya t6at if Mortgagor shall pay to Mottgagee that certain promissory note abo~t described and shaU per(orm all other co~^enants and conditions of said promissory note, and of any rrnewal. e:t~nsion or modi- '[ication thereo[, and ot this mortgage, then this mortgage and the estate hereby created shall cease and be ~ull and ~'ad- ~ I?Sortgagor turther covenants artd ag~ees with Mortgagee as folbws: 1. To pay all sums including i~terest secured hereby when due, u pro~ided tor in said p~om:ssory note and anr rene+~+al, extrnsion or mod'rfication thereof and in this mortgage, all such sums to be pa~rable in law(ul money ot the L'nited Swta oi America at Mortgag:e s atoresaid principal oiCce, or at such other place as Mo:tgagee may drsisnatr in writing. 2. To pay whrn due, and without requiring any notice trom Mortgagee, all taxes, assessmrnts of an~ type or naturc and other char,qes le~tied or asussed against the premises hereby eix u~nfxrrd ur a~~y inter~st ~f 31art3a3e themn. To imsn•~•1:,rrh pay and discharge any claim, lien or ertcumbrance against such premises which may be or berome superior to this mortgage and to permit no de(sult or delinqurncy on any othe~ lien, e~cumbrance or charge against such prcmises. - 3. If nquired by Mortgagee, to also make monthly deposits with Mortgagee, in a~wn-intcrest bearing account, toqether with and in addition to interat and principal, of a sum equal to ono-twelfth of ~he yrcady taa~a and assessmrnts ~rhich may be lea~ed against the prcmises, and (if so reqwred) onrtw-elfth of th~ ~•~arly prcmiums tor insurance thercon. 7'6e amount of such taxes, asustmenu and premiums, when unknown, shall be estimatcd by 1ltortgagee. Such deposits sltall be used by MortSa3K to pay such ta:es, auessments and premiums when due. Any insu(ficiency o[ such account to pay suc6 c6arga whrn due slwll be paid by 1liortgagor to 1?iortgagee on demand. If, by reason of any default by I?iortgagor under an~ pro~-iswn of this mort- gage, Mortgagee dedares aq sums secured hereby to be due and payab]e, Mortgagee may then apply any funds in said accou~t against the entire indebtedness secured hereby. The enforceability o[ the rn~tnants ttlating to ta~ca, assessarcnts and insurance premiums herein otherwise pro~•ided shall not be affccted exc~pt in so (ar as those obligatwns ~ha~~e bcrn met by compliance with thu paragraph. ~fortgagee may trom time to time at its option waive, and after any such waiver reinstate, any or aU provisions a~...,.:.. ti... a. Mnrfs9onr in ~vritina_ ~Yhile anv such waiver is in e!(tet Morigagor shall paq ta~ces. .::.s:.~. ai~.::."'~ _~_r__"_, _ _ . assessmenu and insurance premiums as herein elsewhere pro~•ided. 4. To pay all taxes, stamp tau or other charge which may be assessed upon this mortga3e, or said noie, or ind~btedness secured hereby, without regard to any law, Federal ox State, heretoforc or hereafter enacted, imposing. pa~-ment of all or any part th~reof upon Mortgagee. In evrnt of enacunent of any !aw imposing piyment o[ all or any portion of anY such tua uPon , Mortgagee, or the rendering by any coun of last mort of a decision that t6e undertaking by Mortgagor, as derrin prm~ided, to ' pay such tax or taues u legally inoperativq then, unless Mortgagor nrverthdess pays such ta~ces, all sums herrby s~'currd, without any ded~etion, sha11 at the option of Mortgagee become immediatdy due and paqable, notvrithstar~dins anpth~ng contai~ed hcrcin or any law heretofore or herea[t~r enacted. S. To Eeep the premisa insurcd against loss or damage by fire, windstorm or e~ctended cm~erage and snch other huards as ~ may be required by ~iortgagee, in [orm and amounts satisfactory to, and in insunna companies appmved by 1?fortgagee, and with ; acceptable mortgagee bss payable clauses attached. Such policies, together wit6 such abatracts and other title ea~deoce as map ~ be required by I~fortgagee, shall be delietred to and held by Mortgagee ~+ithout liabilit~. Upon foredosure oI this mortgage or ~ other acquisition of the premises or any part thereof bq I?iortgagee, said policies, abatracts and title e~~dence shall become thr j g • absolute property of 1liortgagee_ ~ 6 t r 6_ To first obtain the written consrnt of 1liortgagee, such consent to be granted or withheld at the sole discrction oi such . 1liortga¢ee, betore (a) removing or demolishing any building now or hercafter erected on the premisa. (b) altering the urang~- mrnt, desi¢n or swctural character thercof, (c) making any repain which imvl~•e the reino~al of smxtural parts or the exposure o( the int~rior of such building to the elements, or (d) except for domatic purposes, cutting or rrnw~i~s or permitting the cutting and rcmoval o( any trces or timber on the premises- 7. To maintain premua in good condition and repair, including but not limited to the makinq o( such rrpairs as Mortgagee may irom time to time determine to be necessary for the preservation of the premises and to not commit nor permit any wast~ tbczeof_ 8. To comply with all laws, ordinanca, regulations, covenants, conditions and restrictions aftecting the premises, aad not to suf(er or permit any violation thereof. ' 9. If Mortgagor fails to pay any claim, lien or encumbrance w6ich is superior to thu mortgage, or, whrn due, anr tiz or ' ass~ssment or insurance premium, or to teep the premises in repair, or shall commit or-permit waste, or i( then be commenced any action or proceeding affecting the premisa or the tide thereto, then Mortgagee, at its option, m~y pay said claim, lirn, rncum- ~ brance, tax, auessment or premium, with right oE subrogation thereunder, may make such rcpain and take such steps as it deems ~ advisable to prevent or cure such waste, and may appeat in any such action or proceeding and retain counsd therein, and tate ~ such action therein as Mongagee deems ad~~sable, and for any of said purposes 1liortgagee may ad~ante such sums of moneY> including all costs, fces and other items of txpense as it deertn necessary. Mortgagee shall be the sole judge o( the IegaGty, ~ ~•alidity and priority of any such claim, lien, encumbrance, tax, assessment and premium, and of the amount necessar7 to fx paid K in satisfaction thereof. Mortgagee shall not be hdd accountable for any dday in making any such pagnxnt, which delay may ~ result in any additional int~rest, eost, charga or expense otherwix. ~ 10. Mortgagor wiU pay to Mortgagee, immediately and without demand, a11 sums of money advanced by !~tortgaeee punu- ~ ant to this mortga,qe, together with interest on each such ad~ancement at the rate of ten per crnt. (107~ ) per annum, and all ~ such sums and interest thermn shall be secured henby. ~ 11. AU sums of money secured hereby shall be payabk without any rclid whatever (rom any ~aluation or aPPra~s~ment 1a"R- ~ 12. If default be made in payment of any instalment of principal or interest of-said note or any part thenof w6rn ue, or r in payment, when due of any other sum srcured hereby, or in performance o! an7 of Mortgagor s oWigations, cm-enants or agrcements hereunder, all of the indebtedness sccured herehy shaU become ud be imtnediateiy due and p~pabk at the optian of ~ Mortgagee, without notice or demand which are hereby expresdy waived. in vrhich event Mortga~ree ma~ a~-ail itself of atl rights ~ and remcdies. at law or in equity, and this mortgage may be foreclosed wit6 all rights and remedies afforded by the laws of Florida and Mortgagor shall pay all costs, charges and eupenses thercof, including a rea~onabk attorne~s fee. - goaK230 P~~1989 _ _ ~ 4 . _ ~F;.~ ~ ~ . ~ ~ ~ w ~ , s...~ ~ _ ~ ,