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HomeMy WebLinkAbout1905 ; 7'O('ETHER Wl'TH all and ainsulu the tenements. hcreditame~ts and appurtenanta the~cunto b~tbn6ing o~ in anywise thereunw appettaiaina and t!?e rentt, itsua and pwtits thereo[, and aho all the atate. riaht. tide, intuat utd all claim and demand whatweve~. a~ well ia law as in equity, oE the said Mortgagor in and to the wme, indudins but not limited to: ; (a) Aq rents. Protiu, reve~ua, roraltia, rishu aad benefits derived trom (1) crops 6rown on said ucurity and produce ' ot the soil otherwise (2) oil~ gai or mineral leua ot the p~emisa o~ any part theceot, now acistiaa or hereinaftu made, and (S) all other reaa. issua and 'prot~b of the Prea?ises i~om time to time accruins~ whe~hrr under leaxs or tenancia aow existina o~ bereatter aeated; in ea~ch wch case with the right in the Moregagee. but only at ib option. to meive and receipt theretor . and to apply the same at it may elect w aa~ indebtednas secured heceby. and the Mo~tgaaee. at iu option, may demand, sue for and recover any suct~ paymena, reservin8 to the Mo~tga6or. however~ w bna as ~xid Mortgago~ is not in default he~eunder, t6e riaht to receive and retain :uch rents. iuua and profits. ~ - ~ (b) AU judgments, awards o[ dama~es and settlements hereatter made as s mult o[ or in lieu ot any taking of the i pmnisa or any part thereo[ under,tbe power of eminent domain, or fo~ any damage (whether caused by such takins or othcrwise) to the premi~s or the impeovements t6ereon or any part thereof; such part ot anp :uch jud~nrnt, awsrd or utdement, as the ~ biortgagce may elect to be apptied to t6e indebtednas 6ereby sccured and the balance thereof, it anr, to be rexrved to the ' puty oc partia otLerwise entitled thereto. . 1'O HAVE AND TO HOLD the above ~anted and described premises to the said Mortgagee, ib succasoes and assigns, forev«. and the said. Mortgagor doa herebp [ully war~ant the titk to said land, and wiU defend the same against the lawful claims of aU persons whomsoever; provided alwars that if Mortaagor shap pay to Mortgagee that certain promissory note above described and shaU pedorm aU other tw enanu and conditions . of said promiuor7 note, and ot any rcnewal, extension or modi- lication thereof. and. oE this mortgage, then this mortBaSe and the atate herebr created shall cease and be nup and void. ~ Mortgagor [urther covenants and agrees with Mortgagee as foUows: 1. To pay all sunos includina interat secured 6ereby when due, as provided for in raid prom~saorr note and any renewa~. actenseon or rnodificatioa t6ereof and in t6is mortgage, all such sun~s to be payable in lawful monep ot the United States oE { Amcriu at Mortgageda aforesaid printipal ofGee, or at such other place as Mortgagce may daignate in writina- 2. To pay when due, and without requiring any notice fmm ~fortgagce, aU taxa, asseumenb of anq type or naturc and othe~ charges levied or auessed agaimt the premisa hereby encumbered or anY interest ot Mortgage therein. To immediately + pay and discharge any claim, lien or e~cumbrance against such premises which may be or become superior to this mortsage and ~ to permit no default or delinquency on aay other lien, encumbrance or charge against such premisa. S. If requircd by Mortgagee, to also mate monthly deposits with Mortgaaee, in a non-interest bearing account, together with and in addition to interest and principal, oi a sum equal to one-tweUth oE the yearly taxes and assessmenb whic6 auy be ? levied agaimt the premises, and (if w required) onrtweUth of the yeady pnmiums for insurance thereon. Tbe amouat of such ~ taues. assessments and premiums, whea unknown, shaU be estimated by" 1lfortgagee. Such depcniu shall be used by Mortgagee to pay such taxes, asses3meMs a+?d pre!n~ums whrn due. Any insu(ficirncy of such account to pay such charses wbea due shall be paid by Mortgagor to Mortgaaee on demand. If, by rcason of any de(ault by Mortgagor under any provision of this mort- gage, Mortgagce declarea all sums securcd hereby to be due and payable, Mortgagee may theo applp any [unds in said account against the rntire indebtednas secured hereby. The enforceability of the covenants relating to ta:es, a~umenn and insuran« ; premiums henin ot6erwise ptovided shall not be affected except in so far as thoae obligations have been met bp compliance with ; this paragraph. Mongagee may trom ame to time at iu option ,waicq and after any such waiver reinsute, any or all provisions - hereof requiring such deposits, by notice to. Mongagor in writing. While any such waiver is in eifect Mortgagor s~all pay taxes, assessmenu and insuraace premiuais as herein elsewhere provided. To pay all taxes, stamp tax or other charge which may be assessed upon this mongage, or said note, or indebtedness securcd herebp. vrithout regard to any law, Federal or State, heretofore or hereaEter macted, imposing . payment of all or any part thenof upon Mortgagee. In event of enactment of any law imposing payment of all or any portion of any such tues upon Mortgagee, or the rendering by any rnurt oE last raort of a decision that the undertaking by Mortgagor, u hecein prm~ided, to pay :uch ta~c or taxes u lcgally inoperative, thm, unless Mortgagor neverthdess paYs suth taxes. a11 sums hereb~ secured, without ; any deduction, shall at the option of Mortgagee become immediatdy due aad payable, notwithstandinS anrthing contaiaed herein ~ or any law heretofore or hereafter enacted. ' S. To keep the premises insured agaimt bss or damage by fire, windstorm or extrnded covera8e and such other hazards as ; may be required bq Mortgagee, in form and amouats satisfactory to~ and in insurance companies approved by Mortgagee. and with ~ accrptable mortgagee loss paYable clauses attached. Such policia, together with such abatracts and other tide evidence as may be reqwred by Mortgagee, shall be delivered to and held br Mortgagee Mrithout liability. Upon forecbsure of this mortSaSe or other acquisition of the prcmises or an~ put thereof by Mortgagee, said policies, abstracts and tide evidence shall become the abmolute pmperty of Mortgagee. ~ 6. To tnt obtain the written con~rnt o[ Mortgagee, such oonsent to be granted or withheld at the sok discretian oi :uc6 Mortgaqee, before (a) removing or demolis}ung any building now or hereafter erected on the premises, (b) altuing the arrange- mrnt, daign or structural character thsreof, (c) malung any repairs which involve the removal of structural .parts or the exposure of the interiar o( such building to t6e elemrnts, or (d) except• for domatic purpous, cutting or removing~or permitting the cutting and rerooval o[ any trees or timber on the premises. 7. To maintain premises in g condition and repair, including but not limited to the making of such rrpain as Mortgagee may from time to time determine to be nec ot~preservation of the premisa and to not commit nor permit any waste thereof. 8. To comply with all laws, ordinances, ~gulations, covenants, conditions and restrictions a[(ecting the premises, and not to suffer or permit anr violation thereof. 9. If Mortgagor fails to pay any elaim, lien or encumbrance .which is superior to thu mortgage, or, when due, anjr tax or assessment or insurance premium, or to keep the premises in repair, or shal! commit or permit waste, or if there be commenced any action or proceeding a[fecting the premisa or the tide t6ereto, then Mongagee, at its option, may pay said claim. Gen, encwn- brancq tax, asussmrnt or preroium, with right of subrogation thereunder, may make snc~? rePairs and tate such steps ~ it deems advisable to prevrnt or cure such waste, and may appear in anr such action or proceeding and retain counul therein, and take such action therein as Mortgagee deerns advisable, and for any of said purposes Mortgagee may advance such sums of awney, ~ including ail casts, tees aad other items of acpense as it deems necasary. Mortgagee shall be the ~ole judge o( t~e legality, ~•aliditp and priority of wy such claim, lim, encumbrance, tax, assasm~ot and Premium, and of the amount nceasarr to be paid in satis[action thereof. Mortgagee shaU not be 6e1d accountabk for any delay ia mal~inB any such paymrnt~ which delay may ruult in any additional interest, coat, charga or acpense otherwiK. 10. Mortgagor will pay to Mortgagee, immediatelp and without demand, all sums of money advanced by Mortgagee punu- ant to this mortgage, togethu with interat on each :uch adwancemrnt at the nte of trn per cent. (10~/a ) per annum, and all such sums and interest thereon shall be secuted hereby. 11. All sums oE aaney secured hereby shall be payable without any rclid whatever from any valuation or apprai~ement laws. 12• If default be made in paymmt of any instalmmt oi principal or intcrest of said note or anr part thereuf when due~ or in payment, whrn due of anr other sum secured 6erebr, or ia pertormance oE ~any of Mortgagors obligations, covenanb or agreemenes hacunder, all of the indebtednas secured hereby shall become and be immediately due and payabk at t6e option of _ Mortgagee, without noticc or demand whic6 are herebgr expresslr waived, in whieh event Mortgagee may avail itself of all rights and remedia, at !aw or in equity, and this mortgage may be forecbaed with a11 ri8hts and rem~d~p ~fforded by the laws of FlQrida and MortBagor shaU pay all costs. chuges aud acpenses thereoE, ~~cluding a reasonabk attorney's (ee. . s°oeK ~ . - .~~,~~,~"x'~: , a~ ~ - °x a~^--~ ~ ~ ~ ~ ~ ~ ~.W ~-~v ~~x~ ~ , _ . - '