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Home My WebLink About1994 TOGET1iER \YITN all anJ ungular the teneme~ts, he~editamenb and appu~tenances therrunto lxbnaing or. in anywiu thereunto appe~taining and thc rcnts~ issua and profib the~eot. and also all the aute, right, title, interat and aU claim and denwnd whatsoever, as well in taw ai in equity, of the said I?iortgago~ in and to the same, intluding but not limited to: (a) AU ~enu, profits. revenua, royalties, rights and benetits derived (rom (1) crops gmwn on said security aad produce of the soil otherwise (2) oil, gas or mincral leaxs of the premises o~ any part the~eot, now existing or hereinatter made, aod (3) al) othe~ re~ts~ issues and 'profiu ot the prerriixs (rom timt to time accruing, whether under leases or tenancies ~ow existing or hereafter crtated; in each such case with the right in the I?~ortgagee, but oofy at itY option, to recei~•e aod reccipt there(o~ and to apply ths same u it may elect to any indebteclness secured hereby, and the Mortgagee, at its option, may Jemand, sue [or a~d reco~•er any such paymetits, reun•ing to the Mortgagor, howeve~. so {ong as said I?lortgagor is not in d~(ault hercunder, the right to recei~•e and rrtain such rents, issues and profits. (b) All judgnunts, awuds ot damages and settlements hercalter made as a rauit oi or in iiru ui di~y ir?:..{ :i~~ premises or any part thereof under the power o( eminent domain, or for any damage (whether caused by such takinq or otherrris~) to the premis~s or the impro~~emenb thereon or any part thereoE; such part of any such judgment, award or settlement, as the Iltortgagee may elect to be applicd to the indebtedness hereby secured and the batance thereof, if any, to be rrsen-ed to the puty or parties othcrwise ~ntiticct thereto. TO IIAVE A`D TO NOI.D t}ie above granted and descritxcl premises to the said I?iortgagee, its successon and assigns, tore~~er, and the said Mortgagor docs hereby tully warrant the title to said land, and wiU de(~nd the same aQa~nst the lawful claims of aU persons whomsoe~•er, provided always that if \iongaqor shall pay to I?iortgagee that certain promissory note abo~•e described and shall p~rtorm all other co~•enanb and conditions of said promissory note, and of any renewa?. extension or modi- (iration thereo[, and of this mortgage, then this mortgage and the cstate hereby created sfiall cease and be null and ~roid. • ~ I~iortgagor further covenanu and agrees with ~tortgagee as follows: j 1. To pay all sums including inte~est securcd hereby when due, as pro~•ided for in said prom~ssory note and any renewal, ~ extension or modrfication thereof and in this mortgage, all such sums to be payable in lawful mcney of the United States of ~ ~ America at Mortgagee's aforesaid principal ofCce, or at such other place as 111ortgage~ may desigr~ate in writing. 2. To pay when due, and without requirinq any notice from 111ortgagee, aU caxes, assessmcnts . of any type or naturc and other charges (e~tied or asscssed against~the prrn~ises hereLy en~un?t,ere.i ar any in:crrst o: 4i~:t~a°e thrrrr.. To isn•n~iatPl,v pay and discharge any claim, lien or encumbrance against such premises which may be or become sup~rior to thi: mortgage and to permit no de(ault or delinquency on any other li~n, encumbrance or charge against such pr~mises. 3. If rcyuired by I?tortqagee, to also make monthly deposits with Mortgagee, in a non-interest bcaring account, togeth~r with ared in addition to interest and principal_ of a sum equa) to one-twei[th of the yearly taxes and assessments which may be le~7ed against the premises, and (if so requirc~) on~-tw~lfth of the y~arly premiums (or insurance thcreon. The amount of such ta~ces, asussments and premiums, when unknowr~, shall be estimatcYl by Afortgagee. Such deposits shal) be used by MortgagK to pay such taxes, assrssmentn and pr~miums Mhen due. An~ insuf(iciency oi such account to pay such charges when due shall be paid by Mortgagor to Aiortgagee on dem~nd. If, by reason of any de(ault by I1lortgagor under any pro~•ision of this mort- gage, I?iort,qagee 'declares a?1 sums securcd henby to be due and payable, riortgaqee may then apply any (unds in said account against the entire indebtedne~ss secured hereby. The rnforc~ability o( the corenants relating to taaes, assessments and insurance premiums herein otherrvise prm•ided shall not be af[crted except in so far as those obligations have been met by complianc~ with this paraRraph. 111orteagee may from time to time at its option wzi~•e, and a[ter any such wai~•er minstate, any or all pro~•isions ~__....o . a.....~;.. h.. .,.,r:« tn Mn~mavor in writin¢_ ~~hile anv such waiver is in effect Mortgagor shall pay ta~es, ass~ssments,and insurance premiums as herein elscwhere pro~•ided. 4. To pay all taies, stamp tau or other charge which may be ass~ssed upon this murtgage, or said note, or indcbtedness secured hereby, without regard to any law, Federal or Stat~, heretoforc or hereafter rnactcd, imposinq pa?-ment of" all or any part th~reof upon Afortcagee. In event ot enactment of any law imposing payment of all.or any portion ot any such ta~ces upon Liortgagee, or the rendering by any court of last resort ot a decision that the undertaking by 111ortgagor, as hemin pro~ided, to ' pay such tai or taxes is legally inoperative, then, unless 2liortgagor nevertheless pays such taxes, all sums h~reby secured, without any deduction, shall at the option of ~{ortgagee ~ecome immediately due and paya~le, notwithstanding, anything contained herein I~ or any law heretofore or hercah~r enacttd. ~ 5. To l~eep the premises insured against loss or damage by fire, windstorm or extended coverage and such other hazards as € may be re~quired by Aiortgagee, in form and amounu satisiactory• to, and in insurance companies approred by ~fortgagee, and with ~ acceptable mort~gre loss payable dauses atWched. Such policies, together with such abstracu and other title eridence as may b~ required by I?tortgagee, shall be delicered to and held by Mortgagee without liability. LTpon foreclosure of thu mortgage or other acquisition of~ the premises or any part thereof by Mortgagee, said polities, abstracts and titie ecidrnce shall become th~ absolute prop~rty of b~ortgagee. ~ 6. To first obtain the written conunt of bSortqagee, such consent to be ~granted or withhdd at the sole discretion oE such ~tortqaqee, bc(ore (a) removing or demolishing any building now or hereafter erected on the prtmises, (b) altering the arrange- ment, desicn or structoral character thereof, (c) making any npain which inwive the removal of structural parts or the j exposure of the interior of such building to the eleme~ts, or (d) except for domestic purposes, cutting or r~mo~ing or permittinq f the cutting and remo~•al of any trccs or timber on the prcmises. ~y 7. To maintain prerniies in good condition and repair, including but not limited to the making of such rcpain as ~iortgagee - may (rom time to time determine to be necessary for the preservation of the premises and to not commit nor permit any waste thereof. 8. To comply with all laws. ordinances, rcgulations, covenanu, conditions and restrictions affecting the pnmises, and not to su(fer or pcrmit any violation thereof. 9. If I?tortgagor faib to pay any claim, lien or encumbrance which is :uperior to this mortgage, or, when due, any tan or ~ assessment or insurance premium, or to keep the premises in repair, or shall commit or permit ~raste, or if therc be commenced ~ any action or proceeding af(ecting the premisa or the tide thereto, then Mortgagee, at ib option, may pay said claim, lien, encum- ~ brance, tax, assessment or premium, with right of subrogation thereunder, may make such repain and tate such steps as it deems ad~•isable to prevent or cure such wazte, and may appear in any such action ar procecding and retain counsel thercin, and take such action therein as Mortgagee derms ad~~sable, and for any of said purposes Mortgagee may advance such sums of money, ~ including all costs. fees and other itcros of expense as it deems necessary. Mortgagee shall be the sole judge o( the legality. ~ ~•alidity and priority of any such claim, lien, encumbrance, tax, asxessment and premium. aed of the amount necessary to be paid ~ in satisfaction ther~of. I?iortgagee shall not be hdd accountable for any delay in mating any wch paym~nt, which dday may ~ rault in any additional interest, cost, charga or expense otherwise. ~ l0. Mortgagor will pay to I?iortgagee, immediately and without demand, all sums of money advanced by ~fortgagee pursu- ~ s Q g ~ ( h r annum, and all ant to this mort a, e, to eth~r with interat on each such advancement at the rate of ten r crnt. 10,c) pe ~ such sums and interest thereon shall be secured hereby. ~ 11. All sums of money secured hereby shall be payable wi+hout any relid w6atever from any valuation or appraiscment laws. 12. If default be 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 periormance of any of Mortgagor s obligations, co~•enanb or ~ agreemenu hereunder, all of the indcbtedness secured herebp shal) become and ae immediatdy due and payable at the option of ~ ~s Mortg~qee, without notice or demand which are hereby exprwly waived, in which event Mortgagee may avail itsel( of ali ng ts and remedia. at law or in equity, and this mortgage may be foreclosed with all rights and remedies atEorded by the laws of Florida and Mortgagor shall pay all costs, charga and acpensa thereof, including a reasonable attorney's fce. ~ ~oflK ~3~ ~A~f ~ss3 ; - - - ~ _ - ~`~y ~ ~ ~ = ~ ; . - ~ ~ ~ _ ~ . ~ ~..v , <~.;~x-