HomeMy WebLinkAbout2352 'I'OGETHER W1T1i all and singula~ the tenem~nta, hercciitamcnts and appu~ten:?nces therrunto txbngi~~g or in any~rise
thereunto appertainiog and the rents, issua aod profits thereo(, and alsa ali the estate, right, title, intecat and aU claim and
Je~nand wbatsoever, as well in taw as in equity, ot the said ~iortgagor in and to the same, inrluding but not litaitcd to:
(a) All renta, protib, revenua, royaltics, rights and bene(its derived [rom (1) c~ops growo on said security and praluce
of the soil otherwise (2) oil, gas or mineral leases of the premises or any pa~t ~hereof, now existing ~r hrreinatter made, a~d
(3) all other rents. iuus and 'pro(its oE the prr~niscs irom time to time accruing, whether under lrases or tcnancies now existinq
o~ hereafte~ c~tated; in esch such case with the right in the I?iortgagee, but only at its option, to reccive and ~cceipt thrre(or
and ta apply the same as it may elcct to any indebtedness secured hereby. and the ~fortgager, at it: option, may u.•~un~«i, ~ac I~r
and reco~•er any such paYm~~ts, reurving to the 1liurtgagor, however, so long as said I~Sortgaqor is not in dcfault hereunder, the
right to recei~~c and retain such rents, i~ues and prutits.
(b) All judgmcnts, awards of damaqes and scttlrm~nts herea[tcr made ~s a result o( or in licu of any takinR o( thc
prcmises or any part therco! u~der it?e power o( eminent domain, or (or any dam~ge (whether c~usnl by such takinq or othenvi:~)
to the premiscs or the imprw•cments thereon or any part th~reof; such part o( any zuch judgment, a~vard or s~ttlement, as th~
I?tortgagee may elect to be applied to the indebtedness hereby secured and the balance thereof, if any, to br r~sen•ed to the
rarty or partiu otherwise ~ntidnl thereto.
TO 1IAVE A\O TO HOI.D the abo~e granted and drscritxtil premises to the said 1ltortgag~~, its successon and assiGns,
forever, anJ the said I~iortgagor does hereby fully warrant the tide to said land, and will detend the same aeainst thc law(~d
claims of all prrsons whomsoever, pro~'ided always that i[ Atortgagor shall pay to 14iottqagee that certain promiuory note abo~•e
deuribeel and shaU per(orm all othe~ co~•enants and conditions of said promissory note, and of any reneM•al, extension or modi-
fication thereof, and ot this mortgage, then this mortgaee and the cstate hereby created shall cease and he null and void.
~ I?iortgagor furth~r co~~enants and agrees with ~iortgagee as (ollows: 1
1. To pay all sums induding interat secured hereby when due, as pro~•idzcl (or in said prom~ssory note and any renewal, '
eatension or rnod~fication th~reof and in this mortgage, all such sums to be payable in lawtul maney ot the L'nited States ot ~
America at Iliortgagec s afor~said principal ofGce, or at such other place as \lortgagee may designate in writing.
2. To pay when du~, and without requiring any notice irom :~iortgagee, all taxes, auessmcnts of any type or naturc
and other cha~ges le~•iec! or assessed against the premius h~reby encumberecl or any interest o( ~fortgaqe therein. To immecliat~ly
pay and discharge any claim, lien or encutnbranc~ a~ainst such pretnisrs which may be or b~come superior to this mortgage and
to permit no default or delinqurncy on any other lien, encnmbrance or charge against such premises.
3_ If required by 211ortgagc~, to also make tnonthlp d~posits with 1liortqa¢ee, in a non-intcrest bcaring account, togrth~r
with and in addition to inter~st and principal. of a sum eyual to one-twelfth o[ the yearly taxes and assessments which may be
1~~1ed ag.iinst the pr~mius, and (if so requirnl) onrtwclfth o[ th~ y~arly premiwns for insurance thereon. Th~ amount of such
taxd, asscssments a~d premiums, when unknown, shall bc ~stimateJ by Aiortgaqee. Such deposiu shall be LLStt~-.by MOftsJQCf
to pay such taxcs, ass~ssm~nts and prcmiums Mh~n du~. Any insu(ficienry of surh accour?t to pa~ such chargcs whrn du~ :h~ll
be paid by ~~ortgagor to \tortga,qe~ on demand. If, by r~ason of an~ defaidt by Mortgagor under any pro~•ision of this mort-
gag~, 1lortgaEee d~clares all sums s~cureci her~by to be due and p~yable. I1lortqaQee ma} then apply any funds in said account
against the ~ntire ind~btedness securecl hereby. The enforceabilit~ of the co~•e'nants relatinQ to ta~es, asscssments and insurance
premiums h~rein oth~r~+~se proeidrel shall not be affectrci exrept in so (ar as those obliQations ha~•~ been met by compliane~ with
c
this paragraph. 1lortqagce may from time to time at its option ~+ai.•e, and atter any such w•ait•er ~einstate, any or all pro~~isions
h~reo( requiring such deposits, by notic~ to 1ltort,qagor in writing. ~~'hile any such waiver is in effect Mortqagor shall pay taxes.
auessments and insurance premiums as hetein elsewhere providecl.
3_ To pay all taces, stamp tax or other charge which may b~ assesud upon this murtgaq~, or said note, or ind~btedn~ss
secured hereby, w~thout reqard to any law, Federal or Stat~, herctotore or hereafter enactcd. imposing p:?)meM of all or any
part thrreof upon \iort¢aq~e. In nent of enactment ot anp law imposing payment of all or any portion of any such taxcs upon
\(ortgage~, or the renderinq by any court of last resort of a decision that the undertaking by I?tortgagor, as herein pro~•ided, to
pay such tax or taxes is legaUy inoperative, then, unless 1lfortgaqor ne~•ertheless pa~~s such taxes, aU sums hereby secured, without
any deduction, shall at the option of \iortgagee become immediately due and payable, notwithstanding anything contained herein
; or any law heretoEore or her~a(ter ~nactecl.
~ S. To keep the premises insured against loss or damage by fire, windstorm or extended coverage a~d such other hazards as
S may be required by Mortgagee, in form and amounts satisfactory to, artd in insurance companies appro~•ed by :1lortga¢ee, and with
acc~ptable mon~ag~e loss payable clauses attached. Such policies, together ~+ith such abatracts and other title evidence as mag
be required by Afortgagee, shall be delia•~red to and held by Mortgagee without liability. L?pon foreclosure of this mortgag~ or _
other acquisition of the premises or any part thereo[ by Mortgagee, said policies, abstracts and tide evidence shall become the
absolute prop~rty of 1liort¢a4te.
' 6. To first obtain the written consent of I?fortqagee, such consent to be granted or withheld at the sole discretion ot such
~ 1lfortqaSec_ before (a) re~nocing or d~molishing any building now or hereaft~r erected on the premises, (b) altering the arrange- t
ment, desi¢n or strvctural character thereof, (c) malcing any repairs which inrol~~e the remo~•al o( structural parts or the /
~ exposure of the interior of such bailding to the elements. or (d) except for domatic purposes, cutting or removinq or permiltinq '
the cuttin¢ and r~mocal o[ any trcrs or timber on the premises. y
7. To maintain premises in good condition and repair, including but not limited to the making of such repairs as ~iortgag~e
m~y from tim~ to time det~rmine to be necessary [or tht preservation of the premisa and to not commit nor permit any waste thereof.
8. To comply with all laws, ordinances, regulations, co~•enants, conditions ar~d restrictions affecting the premises, and not
to suffer or permit any ~•iolation thereof_
9. If MortQa~or fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, w6~n due, any tax or
assessment or insunnce premium, or to keep the premises in repair, or shall commit or permit waste, or if there be commrnced
any action or procecding affecting the premises or the title thereto, then Mortgagee, at its option, may pay said claim, lien, encum-
~ brance, tax, assessment or premium, with right o( subrogation thereunder, may make such repairs and take such steps as it deems
~ ad~~isable to prev~nt or cure such waste, and may appear in any such action or proceedinq and retain counsel therein, and Wke
such action th~rein as Mortgaeee deems ad~-isable, and for any of said purposes Mortgagee may ad~•ance such sunu of money,
~ includinq all costs. fees and other itetns of upense as it deetns neccssary. Mortgagee shall be the sole judge o[ the legality,
calidity and priority of any such claim. lien, encumbrance, tax, auessment and premium. and o[ the amount necessary to be paid
~ in satisfaction th~reof. Mortgagee shall not be held accountable for any dday in making any such pa}~rnent, which delay may
s;
result in any additional int~rest, cost, charga or eap~nse otherwise.
~ 10. \iort¢a¢or will pay to Atortgager, imm~diately and without demand, a11 sums of ~ ney advancecl by c tannum candr all
~ ant to this mortgaqe, toqether with interest on each such ad~•ancement at the rate of ten r cent. (10 ) pe
such sums and intercst th~reon shall be secured her~by.
,i
] 1. All sums o( moncy sccurcd her~by shall be payable without any relief whatever from any valuation or appraisement laws.
12. If default lx made in payment of any instalment of principal or interest of said rwte or any part thereof when due, or
~ in payment, when due of any other sum secured hereby, or in performance o[ any of Mortgagor s obligations, covenants or
agreemenu hereunder, a1i of the indebtedness secured hereby shall become and be immediately due and payable at the option of
1ltortgagee. without notice or demand which are he:eby exprtssly waived, in which event Mortgagee may avail itself of all righb
1
and r~medies. at law or in equity, and this mortgage may be (oreclosed with all rights and remedies a(forded by thc laws of _
Florida and I~iortgagor shal) pay oal( cgsts. charges and expenxs thereo(, including a rcasonable attorney's fce.
~o~K ~3U YAGE 2351 ~~~x ~3U 1993
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