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HomeMy WebLinkAbout2348 TOCETfiER W1T11 all a~d iingula~ the teneme~ts. Aercclitameats and appurtena~ce: thr~cunto bebnging or in ~nywise thereunto appertainins and thc renu, iuua and pro(iq thereo(, aad alw all the estate, ~ight, title, interat au?d al) claim and demand whatsoeve~, u well in law as in equity. of the uid I~iortgago~ in and to the same, induding but not limited to: (a) All renu, profits. reveoua, wyalties, rightt and benefits de~ived trom ( l) c~ops 6rown on said ucurity and produce o( the soil othecwise (2) oil~ gas or mineral leasea ot the premia~s or any pa~t the~eof. now existinq or hereina[te~ made, and (3) al) other renes, iuua and 'pwfita of the permixs (~om time to time acc.ui~a. whethe~ under leases or tenancia now existing or hereafte~ created; in each such case with the right in the Mortgagee, but only at ita option, to recei~•e and receipt ther~for and to apply the ~ame as it may elect to any indebtnlarss :ecured herebr, and the Mo~tgagee, at its option, may demand, sue ior and recover any such payments, reserving to the 1?iortgagor, however, so long as said Mortgagor is not in default he~eu~der, the right to recei~•e and rctain such rents, iuua and pro(its. (b) All judgmenu, awards ot damaga and settlements herea(ter made as a result of or in lieu o( any taking o[ the premixes or any part thereo( under the powe~ o( eminent domain, o~ fo~ any damage (whether causeci by such taking or othenvise) to the premises o: the improvements thereon or any part thereof ; such part of any such judgmrnt, a~vard or settlement, as the Nortgagce may elect ta be applied to the indebtedness hereby secured and the balance thereot, if any, to be ~rsen~ed to the party or pzrties otherwiu e~titlecl thereto. . TO HAVE A:~D TO HOI.D the above granted and dacribed premises to the said I~tortgagre. its successors and auigns, f(ore~•er, and the said I?tortgagor does hereby fully warrant the title to said land, and will de(end thr same aga~nst the la~v[ul , claims of all persons whomwev~r; pt~o~•ided always that i[ Mortgagor shal! pay to I?iortgagee that certain promissory note abo~•e ~ described and shaU per(orm all other covenanu and conditions ot said promissory note, and of any renewal, extension or modi- J tication thereo[, and of this mortgage, then this mortgage and the eswte hereby created shall cease :.nd be null and void. ~ 1liortgagor further co~enants and agre~s with I?iortgagee as [ollows: 1. To pay all sums including interat secured hereby when due, as provided for in said prom~ssory note and any renewal, extension or mod~(ication thereof and in thi~ mortgsge, all such sums to be payable in lawful money oE the United States of America at Mortgagee's aforesaid principal office, or at such other place as I?iortgagee may designate in writing. 2. To pay when due, and without requiring any notice f~om Mortgageq all taxcs, assessinents ot any type or naturc and other charga ln~ied or assessed against the premises hereby encumb~red or any interest of ~iortqage th~rein. To immrdiately pay and discharge any claim, lien or encumbrance aqainst such premises which may be or become superior to this mortgage a~d to permit no detault or delinquency on any other lien, ~ncumbrance or charge against such prcmius. 3. If required by I?iortgagce, to also make monthly deposits with 111ortgagee, in a non-interest txaring account, toq~ther with and in addition to interest and principal. of a sum ~qual to one-twelfth o( the yearly taxes and assessmenu which may br le~•ied against the prcmises, and (it so required) one-twd[th of the ~carly prcmiums for insurance thereon. The amount of such tanes, assessments and premiums, when unknown, shall be estimatect by I~iortgagee. Such deposits shall be used by ~lortgagce to pay such taues, ass~ssments and premiums when due. Any insuf(iciency of such acca~nt to pay, such charges whe~ due sh:~ll be paid by :1lortqagor to \~ortgagee on demand. If, by reason of any dcfault by I?iortgagor under any provisio~ of this mort- gage, ;~tongag~e declares all sums secured her~by to be due and ~uyable, 1ltortgagee may then apply any (unds in said account against the entire indebtedn~ss secured hereby. ?he enforceability of the co~enants rela?ing to taues, assessments and insurance premiums her~in otherwise proeided shall not be afiected e~cept ii so far as ihose obligations have been met by compliance with thu paragraph. ~~ort~agee may trom time to time at iu option wai~•e, and a[tet any such waiver reinstate, any or all provuions hereof nquiring such deposits, by notice to 1liortgagor in writing. ~\'hile any such waiver is in eifect Mortgagor shall pay taxes, assessments and insurance premiums as herein elsewhere provided. 4. To pay all taxes, stamp tan or other charge which may be ass~ssed upon this mortgag~, or saed note, or indebtedncss secured hereby, without regard to any law, Federal or State, heretofore or hereafter enacted, imposinq payment of all or any part th~reof upon ~tortqagee. in e~ent of enactment ot any law impos~ng payment of all or any portion of any such taxes upon I?iortgagee, or the rendering by any court o( last rcsort of a decision that the undertaking by Mortgagor, as hereen pro~•ided, to pay such tax or taxes is IcgaUy inoperative, then, unless Mortgagor nevertheless pays such taxes, all sums hercby secured, without any deduction, shall at. the option of Aiortgagee become immediately due and payable, notwithstanding anything contained herein ~ or any law heretofore or hereaft~r enacted. ~ 5. To keep the premisa insured against loss or damage by Gre, windstorm or extended coverage and such other hazards as ~ may be required by 1lfortgagee, in form and amounts satisiactory to, a~d in insurance companies approved by 111ortgaqee, and with ' acceptable morigag~e loss payable clauses attached. Such policia, together with such abatracts and other title e~•idence as may be required by 1liortgagee, shaU be ddi~•ered to and hdd by Mortgagee without liability. Upon foreclosure oE this mortgage or other acquisition of the prcmises or any part thereof by Mortgag~e, said policies, abstracts and tide e~zdence shall become th~ ~ . absolute proprrty of ~iortgagee. ~ ~ 6. To fint obtain the written consent of Mortqagee. such consent to be qranted or withheld at the sole discretion oi such f ~ ' :~lortgaRee, before (a) remoring or demolishing any building now or hereafter erected on the premises, (b) altering the arrange- ' ment, desi¢n or structural character thereof, (c) mating any repain which imrol~•e the remo~•al of structural paru or the exposur~ of the interior of such building to the elementt, or (d) except (or domatic purposes, cutting or removing or permitting the cuttinq and r~mo~•al of any trees or timber on the prcmises. 7. To maintain premises in good condition and repair, including but not limited to the making of such repain as :~lortgagce may irom time to time determin~ to be necessary (or the preservation of the premises and to not commit nor permit any waste thereof_ 8. To comply with all laws, ordinances, regulations, covenanu, conditions and restrictions af(ecting the premises, and not to sut(er or permit any violation thereof. 9_ If Mortgagor (ails to pay any claim, l;ea or eneumbrance which is superior to this mortgage, or, when due, any tax or assessment or insurance premium, or to teep the premises in repair, or shall commit or permit waste, or if there be commenced any action or proceeding affecting the premises or the dtle thereto, then Mortgagee, at its opteon, may pay !aid claim, lien, encum- branc~, tax, assessment or premium, with right of subrogation thercunder, may make such repain and take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and Wte such action therein as Mortgag~e deems ad~~sablq and for any of said purposes Mortgagee may adcance such sums of money, ~ including all costs, fees and other items of upense as it dcems neccssary. Mortgagee shall be the sole judge of the legality, ~ ~•alidity a~d priority of any such daim, lien, mcumbrance, tau, auessment and premium, and of the amount necessary to be paid in satis(action thereof. ~iortgagee shall not be held accountable for any delay in making any such payment, which delay may ~ result in any additional interat, cost, charga or acpense otherwise. ~ 10. MortgaQOr will pay to I?iortqagee, immcdiately and without demand, all sums o( money advanced by !~fortgaQee pursu- ant to this monqa¢e, tog~ther with interat on each such advancement at the ~ate of ten per cent. (107i ) per annum, and all . such sums and inter~st thereon shall be secured hereby_ ~ 11. All sums of money secured hereby shaU be payable without any relief whatever from anq valuation or appraiument laws. 12. li dcfault be made in payment oE any instalment o( principal or interest of said note or any part thereof when due, or in paymeot, when due of any oth~r sum secured hereby, or in pedormance oE any of Mortgagor's obligations, covenants or ~ agrccments hercunder, all of the indebtedneu secured hereby shall become and be immediatdy due and payable at the option oi _ Mortgagee, without notice or demand which are hereby expressly waived, in which event Mortgagee may avail itsel( of all rights and remedies. at law or in equity, and this mortgage may be foreclosed with all righb and remedies a(forded by the laws of Florida and I?~ortgagor shall pay all costs, charga and expenses thereof, including a reasonable attorney's f~e. ~ BeoK 230 P~cE 2347 eooK 23~ PAGE 1989 ~ _ ~ : : _ , - ~ =F~~~ . f ~ ~ ~ H r - ~ 2~4 , ~ ~ ~Z n ~ . . ~