HomeMy WebLinkAbout1281 TOC6TNlR W1TN sll and ungula~ tAe te~emrnu, hercditaiuenta and appu~tenanca therrut?to beb~sing o~ io aoywise
ther~unto appertainina and the renn. ~sua and profiq thrreo(, aad a:so a~l the ~state, riaht, tiUe- interest and aU claim aad
demsrnl whatsoever. as weU in law as in equit.. o( the said 1?to~tgago• in a~d co tbe same, includins but not limited to:
(a) All rents. pmfits. revenues. noyalties, sighu and benefits de~ived (rom (1) crops Smwn on asid security and produce
o( the aoil otheivrise {2) oil, ~as ur mi~eral leases ot the Premisa or anr Par~ thereof. n°`" existing o~ hereina[tn made. and
(3) all other rents. iuues and 'profia o( the premises from time to time accnung. whether under leases or te~ancies now existina
or hereafte~ created; in each such case with the right in the Mortgagee, but onlr at ita optioa, to receive and ~eceipt the~cfor
ar.d ta spp~r the u~ne u it may tlett to anr indebtednas secured hereby, and the Mortgagee. at iu option. may demand, sue [or
and reco~•er any sucb pa}7t~e~ta, rrsen-ing to the Mortgagor, however. so bng as said 1ltortaaqor is nut in detault hereundet. !he
right ta recei~-r and ret,ir. such rcars~ itsues and profits.
(b) AU judgments, awuds o( damages and settlements h~reatter ttwde as a result ot or in lieu o( any taiung oi the
premius or any part therco( under the powe~ of cmineot domain, or for ar?r damage (whether caused by such taking o~ otherwise~
to the premise: or the impw~~emeats therea? o~ any put th~~eof ; such part of any such judgmrnt, awsrd or ut:lement. as d?e ;
Mortgagee may elect to be applied to the indebtednas hereby secured and the balance thereof. i[ anY. to be ~ese^+ed to the
parqr or pattia otberw+se enti~tr,! thereto.
~ TO HAVF. AI~D TO }I~?LD the abwe granted and desc~ibed premises to the said 11to~tgagee. its surcusors and sssisns. ,
~ forn~cr, and the said Mortgago~ does here~y fuUy warrant the title to said land, and will defend the sam~ aga~nst the la~+riul
; cla~~ o[ aU persons whomsoever; prmided always that iE 11io~tgagor shaU pay to Mortgagee that certain pmmissory note abo~e
~ described and shall periorm all other covenants and conditions of said promissory note, and o( :iny ~enewal, extensio~ or modi- ~
" tication thereoE. and of tt~is mortgase, then this mo~tgaqe and the estate hereuy created shali cease and be null a~d ~roid. ~
Mortgago~ further co~enanu and agrecs with Mortgagee as ~oUows:
1. To pay all sums includins interat secured hereby when due, as pro~ided tor in said prom:ssory note and any renewal,
extensi~n or modi(ication thoreo[ and in this mortgage. all such sums to be payable in lawful moner oi the Uoited States of
America at Mortgagee s aforesaid principal ofCce, or at such other place az I?tortgagee may desisnate in writing.
2. To pnY wh~n due, and vrithout requiring any notice from Aiortgagee, all taxes, assessments ot any type or naturc
and other c6argrs lt~•ied or aueued against the premises hereby encumbered or any interest oi ~tortgage thercin. To immtdiately
~uy and disrharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and _
to permit no de(ault or delinquency on any other lien, e~cumbrance or charge against such premisa-
3. It required by 1liortgagee, to also make monthly deposits with 1liortgagee, in a non-intercst bearing account, together
~ with and in addition to interest and principal, of a sum equal to one-twelfth of the yearly taxa and asseumenu which maY b~
Ic~1ed against the premises, and (if so requirrd) one-t~rel(th o( the .~arly prcmiums tor insurance thereon. The amount of such
ta~ces, assessments and premiums, when unknown. shall be estimated by rtortgagee_ Such deposiu shall be usc~ by Mortgagee
to par such taxes, assessrnents and premiums when due. Any insu(ficiency of such account to pay such charges when due shall
be paid by I?tortgagor !a 1liortgagee o~ demand. if, by reason of any default by 111ortgagor under any provision of this mort-
gage, 111ortgagee declares all sums secured hercby to be due and payable, 1lfortgagee may thcn apply any funds in said account
against the entire indebtedness ucund hereby. The enf~rccability ot the co~enants relating to ta~ces, assesstnrnes and insurance
premiums herein othervrise provided shall not be affected excrpt in so far as thoae obligations have been met by compliance with
chis paragraph_ 3{ortgagre niay from time to time at its option waive, and a[ter any such wai~~er rcinstate, any or ail provisions
hereof requiring such deposits, by notice to Mortgagor in writing. ~~'hile any such waiver is ir_ effect Hortgagor shall pay taxes,
asussments and insurance premiums as herein elsewhere pwvided.
To par alt taxes, stamp tax or other charge which may be assessed upon this mortgage. or said n ment ofn
ll ord an~y
secured hercby, without regasd to any law, Federal or Statt, her~toforc or hereafter enacted, imposing pay
part thereo( upon 1ltortgagce_ In event of rnactment of au~ law imposing paymrnt o[ all or any portion o( any such W~ces upori
~fongagee, or the rrndering bp any court oi last resort of a decision that the undertaking by blortgagor, as herein pro~ided, to
pap such tax or taxes is legally inoperati~~, then, unlcss ~tortgagor neverthdess pays such taxa, all sums hereby secured, w~:ho~t
any deduction, shall at the option ~f Mortgagee become immediately due and payable, notwithstanding anything contained herein
or anr law herctotore or herratter enacted. -
S_ To keep the premists insured against loas or damage by fire; windstorm or eztended coverage and such other hazards as
~ may be required by Mongagee, in fortn "and amounts satisEactory ta; and in insurance compania approved by 1?tortgagee, and with
~ acceptable mortgagee loss paYable claus~s attached. Such policies, together v?it6 such abstracu and othtr title evidence as maY
be requircd by I?fortgagee, shall be deli~ered to and held br Mortgagee without liability_ Upon toreclosure of this mortgage or
other acquisition of the premises or any part thercof by Mortgagee, said poliues, abstracts and tide evidence shall become the j-
abaolute property ot ~iortgagee_
~ 6. To 6nt obta~n the written conxnt of 1lfortqaget, such conunt to be granted or withheld at the sole discretion ot such f
!
' 1liortga~ce, b~for~ (a) removing or demolishing any building noM? or hereaFter erectcd on the prcmisa, (b) altering the arrange-
' ment, desi¢n or strucmnl character thercof, (c} ~natcing any rcpairs which involve the remo~~a! of structural parts or the
e:posurc ot th~ interior o( wch building to the elements, or (d) except for domatic purposes, cutting or rcmoving or permitting
the cutting and rcmmal o[ any trees or timber on the prcmises-
7. To maintain premises in good condition and repair, including but not limited to the matinq of such repairs az Mortgagee
mar from time to time determine to b' nccessary [or the preservation of the premises and to not commit nor pern?it any waste thereof.
8. To comply with all lavrs, erdinanca, regulations, covenants, conditions and restrictions a(fecting the premises, and not
to suf(er or permit any ~tiolation thereof.
9. I( Mortgagor (ails to pay any tlaim, lien or encumbtance which is superior to this mortgage, or, whrn due, any tan or
asseYSment or insurance preminm, or to keep the prcmises in rcpair, ar shall commit or permit waste, or if there be commenced
any action or proceeding atfecting the premises or the title thereto, then Mort_qagee, at its option, may pay said claim, lirn, encum-
brance, tax, aues.unent <,r premium, vrith right of subrogation thercunder, may roake such repain and take such steps as it deems
ad~~isable to prevrnt or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and take
such action therein as 1lfortgagee deems ad~~sable, and for any of said purposes Mortgagee may ad~ance such sums of money.
including all costs, fees ~nd other itans of e~cpense u it deems necess~ry. Mortgagee shall be the sole judge of the legality,
~-alidity and priority o( any such daim, lien, encumbrance, ta~c, assessm~nt and Pre~ruum, and of the amount necessary to be paid
in satisfaction thereof. 1lfortgagee shall not be held accvunWble (or any dday in m:king any such oayment, which delay may
result in any additional interat, co~t, charga or expense otherwise.
10. Mortgaqor ~vill pay to I?tortgagee, immediatelp and without demand> a1~ sums o( money ad~anced by f~annum,~and all
ant to this mortgaqe, together with interest on each such advar~cement at the rate of ten per cmt. (10~/c ) p~
wch sums and int~rest thercon shall be securcd hereby.
21. All wms of money accured hereby s.4all be payable Mrithovt any relief whate~er from any valuation or appraisement laws_
12_ If default be made in payment of anq instalment of principal or interest of said note or any part thereof when due, or
in payment, when due of any othee sum secured hercby, or in pedormanc~ of any of Mortgagor's obligations, co~enants or
agreements hereunder, ail oi the indebtedness secured henby shall become and be imrnediately duc and payabk at the option of
Mortgagee, without notice or demand which are hereby expras!y waivcd, in which e~~er.t Mortgagee may avail itsel( o( all rights
and remedia, at law or in equity, and this mongaqe may be fo*eclosed with all rights and rcmedies af(ordcd b~ the lavrs of
F{orida and Mortgagor shall paY all costs, charges apd acpenses thereof~ induding a reasonable attorney's fee.
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$0~ ~cE B(~OK 2J~ PAGf 2347 gpQK ~J~ PAGE 198~7
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