HomeMy WebLinkAbout2351 ' ~ t
TO(`ETHER W1TH all and singuiu the tenements, henditamenb and appurtenanca thercunw bebu6~nb or in mywise ~
thereunto appertainit~ aad the ~ents, issua and profits thereof, and al~O all ?he atate, right, titk, intuat and s11 daim and
demand whatweve~, as weU ia !sw a~ in equitp, o( the said MortBaaoq in and to the ume~ includina but not limited to:
(a) All rent~, p:otits, revenues. roriltia, riahu and bea~q de~ived trom (1) cmps arown ouu ~aid s~CUrity and produce
of the :oil otherwise (2) oil, ~ or mineral kases o[ the premis~s or aap put thereof, now enistins ot, natee~ made, and
(9) a11 othe~ renu, issua and proliq of the premi~es from tim~ to time aaruing, whether under leases or new e:istina
or heceatter aeated; ia each such ca~e with the right in the Mortgaaee, but only at ib opdoa, to receivs-afd'rKeipt thereto~
and w applp the same as ~c m~r etecc to anr indebtedncu accured hereby. and the Mo~agee> at its.pption. iaaY"demand, sue tor
m
and recover any such paymmts. raervina to the Mortg~o~. however~ so b~g as uid Mortgagor is not 'in delau:t !?ereunder, the
right w receive and retain such rents, issua and proGts.
(b) All judgments, awatds oI damages and settlements hereatter made as a result ot or in lieu of any tatirtg of"the
premises o~ anr part thereo[ unde~ the power ot eminent doauin, or [or any damage (whether caused by :uch taking or othen+riu)
to the premi~es w the impwvemeats thereon or any patt thereof; such part ot au7 such judament, award or xtdement, as the
Mortgagee may elect to be applied to the indebtedneu hereby saured and tbe balance thereot, if any, to be rcxrved to the
party o~ parties otherwize entitled thento.
TO HAVE AI3D TO HOLD che above ~anted and described prrmises to the said 1liortgagee. ia succwon and assigns,
torever, and the said Mortgagor does herebr fuUy war*ant t1?e tide to said land, and will de[end the same against the lawiul
claims of all pecsons whomsoever; provided alwaYs that it Mongagor shall pay to Mortgagee that certain promissorY note above
dexribed and shall pedorm all other covenanu and conditiocu oE sa~d Promis~~r a~d ~Y rcnewal, extension or inodi•
Gcation thereof, and of this mortgage, thet~ this mort6a8~ and the awte hereby crrated shaq cw~e and be null and void.
Mortgago~'turther covenutts and agrees with Mortgagee as foUows:
1. To pay aU :ums including interat secured hereby when due, as provided tor in said prom~ssorY note and any renewal,
extension or nwdiGcation thereof and in this moctgaSe. aU such sums to be payable in lawful meney. of the United States ot
America at Mortgagee's atomaid principal otfice, or at suc6 other place as Mortgagce may daiEnate in writ?ng.
2. To pay when due. and without requirin8 anY notice lrom Mortgagee, a11 taxe~, a~e~~^u °f ~7 tYP~ or naturc
and other cLuges levied or assessed against the pnmisa hercby encumbered or any interat of Mortgage therein. To immediately
par and discharge anr clairo, lien or ~ncumbrance against such prcmises w6ich may be or become supuior to this mortgage and
to permit no default or delinquency on any other lien, encumbrance or charge against such premisa. ~
S. If rcquired by Mortgagee, to also make monthly deposits with 1?iortgagee, in a non-interat bearing account, together ~
with and in additiun to interat and principal, of a sum equal to one-twelfth of the yearty taxas and assa~ents which may be i
levied against the premises, and (if so required) one-twelfth ot the yearly premiums for insurance thereon. 'IUe amount of such }
taxes, assessmmts and premiums, whrn unknown> shall be estimated by 1liortgagee. Such deposits shall be used by Mortgagee ~
to p~y such W~tes, ~menis and Prem~ums.when due. Any insutGcirncy o[ such acoount to pay such char8es when due shaU i
be paid by Mortgagor to Mortgagee on demand. If, by reason o[ any deEault by Mortgagor under anr provis~on of this mort- S
gage. Mortgagee dedares ail sums secured hercby to be due and payable, Mortgagee may then apply any funds in said account ~
against the entire indebtedness secured hercby. The enforceabiGty of the covenants relating_ to taxa, asscssmmts and insurance s
premiums hercin otherwise provided shall not be atiected except in so far as those obligations have been ~net by compliance with i
this paragraph. 1ltortgaSee maY iwm time to time at its option waive, and after any such waiver rcinstate,.any or all provisiona .
hereof requiring, such deposib, by notice to Mortgagor in writing. While anq such waiver is in effect Mortgagor shali pay taaa, }
auessmrnts and insurance prcmiwns as hcrcin elsewhere provided. :
4. To pay all taxa, stamp .tsu~ or other charge which maY be assessed upon this mortgage, or said note~ni
~~ebo~ a~
securcd herebp, without regard to any law, Federal or State, hentofore or hereafter enacted, impos~n8 PaYm
part thereof upon Mortgagee. In event of enactmwt of any law imposinS PaYment of all or any portion of any such taxes upon ~
Mortgagee, or the rendering by any court oi last raort of a decision that the undertaking by Mortgagor, as hercin provided, to ~
i pay ~uch tax or taxa is legally inoperative, then, unlas Mortgagor neverthdess paYs such taxes, al] suvu herrby secured, without
' any deduction, shall at the option of Mortgagee becouK immediatdy due and payable, notwithstanding anythin8 conta~°ed bere~°
' or any law heretofore ar heseafter enacted.
~ S. To keep the premises insured against loss or damage by tire, windstorm or extended covera8e and suc6 other hazards as
may be required by Mortgagee, in torm and amounb satisfactorp to, and in insurance compania approved by Mortgagee, and with
acceptable mortga3ee loss paYable clawes attacbed. Such policia, together with such abstracts and other tide rvideace as may
be rcquired by Mongagee, sha11 be delivered w and held by Mortgagee witlwut liabiGty. Upon foreclosure ot this moregaSe or
other acquisition of the premises or any part thereof by Mortgagee, said policies, abstracts _ and tide evidmce shall become the
absolute propert7r of Mortgagee.
6. To first obtain the written consent of Mortgagee, such consent to be granted or with6ekl at the sole dixrction ot such
Mortgagee, before (a) removing or demolishing any building now or hveatter erected on the pranixs, (b) altering the arran~c -
ment, design or structural character thercof, (c) making any repaus wh~ch involve the removal of structural parts
exposure of the interior of such buiWing to the dements, or (d) acept for domatic purposes, cutting or rrmoving or permitting
the cutting and nmoval of any trees or timber on the premises-
7. To maintain premises in good condition and repair, including but not limited to the making of such repain as Mortgagee
may from time to time determine to be nece:sary for the praervation of tht premises and to not commit nor permit any waste thueof.
8. To comply with all laws, ordinanca, regulations, covenants, conditions and restrictioas atEecting the premises, and not
to :uffer or permit any violation thereot.
9. II Mortgagor faib to pay any claim, licn or encumbrance which is superior to tbis mort3age, or, whm due, aar ta~c or
assessment or insurance prcmium, or to kerp the premisa ia repair, or sha11 commit or pemut waste, or if there be commenced
any action or proceeding affecting t6e premises or the tide thento, then Mort8a8ee, at its option, may paY said claim, lirn, encum-
brance. tax, auesunent or premium, with right of subrogation thereunder, map make such repairs and take such steps as it deems
and tate
advisable to prevent or cure such wutc, and may appear in any snch acdon or proceeding and retain counsel thetein,
~'z such . action therein as Mortgagee deems advisable, and for any of ~id purposes Mortgagee may advance such sums of moneY.
including all costs, fees and other items of eapense as at deem~ necessaq'. Mortgagee shall be the sole judge of the legality.
~~alidity and priority of any suc1~ claim, lirn, mcumbraace, wc, assasment and premium, and of the amount necessarY to be paid
in satistaction thereof. Mortgagee shall not be beld accountabie for any delay in making any such payment, which delay may
result in any additional interest, cost, chargn or acpenae otherwise_
- 10. Mortgagor will pay to Mortgagee, immediately and without demand, all sum~ of money advanced by Mortgagee pursu-
ant to this mortgage, together with interat on euh such advancement at the rate of tm per crnt. (lO~Xo) per annum, and all
such sums and interest thercon shall be secured heroby.
11. All sums of money secured hereby shall be payable „rit6out any relief whatever irom any valuation or appraisement laws.
12. If detault be made in paymmt of any instalmmt of principal or inter~st of said note or any part thereof when due, or
in payment, w6en due o[ any other sum secured 6ereby, or in pedormance of anr of Mortgagor's obligations, covenanb or
agreements hereunder, all of the indebtednas secured hereby ~aU become and be immediateir due and payable at the option of
Mongagee, without notice or demand which are hereby eaprasly wuved, in which event Mortgagee may avail itself of all rights
and remedies, at law or in equity, and this mortgage may be foreclosed wit6 all rights and ranedies atEorded by the laws of
Florida and MortgaBor shall pay all costs, charges and a~pensa thereof, indudieg a reasonabk attorney's fee.
~ ~o~K 233 2349
il ~.~3t^rn.iv..r.
~
~~~~'u~~~~'~f'r"'`-~~ Y`S"~dL . .4 -
~
_ _ _ ~_r~'~. _ _ r ~