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Home My WebLink About2092 ' 'I'OC'ETHER W1Ttl all and singular the te~emenu, hereditarne~ts and appurtenanc~s theccunto bebnging or in anywiu thercunto appertainiog and the ~e~ts, iuues and p~ofits thereot, and also all the atate, right, title, interat and all claim and demand whatsoever. a~ well in law as in equity, ot the said I~io~tgagor in and to the same, incluci~ug but not limited to: (a) All renq. pm(its, revenua, myalties. rightt and benefits derived trom (1) cropa gtown on said security and produce o( the soil othervvise (2) oil, gas or mineral leases of the premises or any pa~t thereot. now existing or hereinafter made, and (3) all other rc~ts~ issues and profits of the premises (~om time to time accruing, whether under leases o~ tenancies now existing or hereafter treated; in each such case with the right in the Mortgagee, but only at ib option, to receire and rec~ipt therefor and to apply the same as it may elect to any indebtednas secured hereby, and the I~iortgagec, at iu option, may demand, sue tor and recover any such payments, resenring to the Mortgagor. however, so long as said Mortgagor is not in default hereunde~, the right to receive and retain such rents, issues and profits. (b) All judgments, awards o[ damages and settkments hereafter made as a result ot or in lieu of any taking of th~ premises or any part thereof under the power of eminrnt domain, or (or any damage ~::'*ether caused by such taking or othcrwise) to the prcmises or tKe improvements thercon or any put thereo(; such part of any such judgmeot, award or settlement, as the Mortgagee may elect to be applied to the indebtedness hereby secured and the balance the~Pof, i( any, to be reserved to the parsy or partia otherwise entitkd thereto. TO HAVE AND TO HOLD the above granted and d~scribeei premiscs to the said 1ltortgagee, its successon and assigns, fore~•er, and the said Mortgagor does hereby [ully warrant the title to said land. and will dc(end the s.-~me aQainst the law[ul claims of all persons whomsoever; provided alwa~~s that if Mortgagor shall pay to Mortgagee that certain promissory note abo~•e described and shall perform all other covenanu and conditions of said promissory note, and of any renewal, extension or mali- fication thereof, and of this mortgage, then this mortgage and the estat~ hereby created shall cease and be null and ~roid. I4iortgagor tunh~r covenanes and agrees with ~tortgagee as [opows: •1. To pay ail sums including i~tercst securcd hereby when due, as pro~ided for in said prom~uory note and any renewal, extension or mod~fication thereof a~d in this mortgage, all such sums to be payable in law(ul mc•ney of the L'nited States of America at Mortgagee's aforesaid principal o(fice, or at such other place as I?iortgagee may designate in writing_ 2. To pay when due, and without requiring any notice from I?iortgagee, all taxes, assessments of any type or nature and other charges le~•icd or assessed against the premises hereby encumbered or any interest o~ ~~ortgag~ therein. To immrcliat~ly pay and discharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and to prrmit no default or deli~quency on any oth~r lien, encumbrance or charge against such prcmises. 3. If requirc~cl by Mortgagee, to also make monthly deposiu with Mortgagee, in a non-interest bearing account, together with and in addition to interest and principal, of a sum equal to one-twelfth o[ the yearly taxa and assessmrnts which may be le~~ed against the premises, and (i( so required) one-twel[th o( th~ yearly premiums for insurance th~reon. The amount of such taxes, assessrr~mts and premiums, wh~n unknown, shall be estimatecl by l~fortgagee. Such deposits shall be used by Mortgage~ to pay such taxes, assessments and premiums when due. Any insuf(iciency ot such account to pay such charges when dut sh~ll be paid by Aiortgagor to I1lortgagee on demand. I(, by reason o( any dc(aidt by 111ortgagor under any pro~•ision of this mort- gage, I?iortgagee declares all sums secured hereby to !x due and payable, Mortqagee may then apply any funds in said account ag~:nst the entire indebtedness secured her~by. The ~nforceability of the covenants relating to taxa, assessments and insurance premiums herein othcrwise pro~•ided shall not be af(erttd except in so (ar as those obligations have been met by compliance with this paragraph. Mort¢agee msy from time to time at its option waive, and after any such wai~•cr reinstate, any or all provisions hereof requiring such d~posiu, by notice to Mortgagor in writing. ~\'hile any such waiver is in effett Mortgagor shall pa~ taxes. assessmrnts and insurance premiums as herein dsewhere pro~•ided. 4_ To pay all taxes, stamp tax or other charge which may be ass~sted upon this murtgage, or said note, or indebtedness secured hereby, without regard to any law, Federal or State, hereto(ore or hereatter enact~d, imposinq paym~nt o( all or anp ' part th~reof upon Mortgagee. In event of rnactment of any law imposing paymrnt of all or any portion of any such taxes upon I I?iortgagee, or the rendering by any court of lut resort of a decision that the undertaking by Mortglgor, as herein pro~•ided, to i I pay such tax or taxes is lcgally inoperative, then, unleu biortgagor neverthelas pays such taxa, all sums hereby ucured, without ~ any deduction, shall at the option of Mortgagee become immediately due and payable, notwithstandinq anything contained herein i or any law heretofore or her~aft~r rnactrd. i ~ 5. To keep the premises insured against loss or damage by fire, windstorm or extended coverage and such other haza s as ~ m~y be required by :~fortgagee, in form and amounts satisfactory to, and in insurance companirs approved by 1liortgagee, and with ' acceptable mortgag~e loss payable clauses attached. Such policies, together with such abstracu and other title evidence as may be required by I?io~tgagee, shall be deli~•ercd to and held by biortgagee without liability. Upon [oreclosure of this mortqage or ~ other acquisition of the premises or any part thereo[ by Mortgagee, said policies, abstracts and title eeidence shall become th~ ~ absolute prop~rty of !liortqagce_ ~ 6. To first obtain the written consent of Mortqagee, such conxnt to be granted or withheld at the sole dixretion of soch :~tortgaQCe. before (a) removing or demolishing any bailding now or her~aiter erected on the premises, (b) altering the arrange- ment, desi¢n or structural character thereof, (c) making any repain which involve the remo~~al of structural parts or the exposure of the interior of such building to the elemenu, or (d) extept for domatic purposes, cutting or removing or permittinq the cutting and remo~•al of any trces or timber on the pnmises_ ~ 7. To maintain premises in good condition and repair, including but not limited to the makiug of such rcpairs as ~lortgag~e ~ may Irom time to time determine to be necusary for the preservation of the premises and to not commit nor permit any ~vaste thereof. ~ 8. To comply with all laws, ordinances, regulations. covenants, conditions and restrictions affecting the premises, and not ~ to suf(er or permit any ~•iolation thercof. ~ 9. It I?iortgagor fails to pay any claim, lien or encumbrance which is snperior to this mortgage. or, when due, any tax or ~ auessment or insurance premium, or to keep the premises in repair, or sha11 commit or permit waste, or if there be commenced ~ any action or proc~eding affecting the premixs or the tide thereto, then Mortgagee, at its option, may pay sa~d daim, lien, encum- - brance, tax, azsessment or premium, with right of subrogation thereunder, may make such repain and take such steps as it deems ~ advisable to prevent or cure such waste, and may appear in any such acuon or proceeding and retain counsel therein, and take - such action therein as Mortgagee deems advisable, and for any of said purposa Mortgagee may advance such sums of money, ~ inclading all cosu, fees and other itcros of expense as it deems neccssary. Mortgagce shaA be the sole judge of the legality, ~•alidity and priority of any such claim, lien, encumbrance, tan, auasment and premium, and of the amount necessary to be paid ~w ~ in satisfaction thereo(. Mort,qagee shall not be held accountable for any delay in mating any such payment, which e ay may ~ result in any additional int~rest, cost, charges or e~cpense otherwise. ~ 10. Mortgagor will pay to Mortgagee, immediately and without demand, a11 sums o( money advancecl by ~tortgage~ punu- ant to this mortga¢e, together with interest on each such ad~•ancement at the rate of ten per cent. ( l Orlc ) per annum, and all ~ such sums and interest thereon shall be secured hereby. 11. All sums o( money secured hereby shall be payable without any relief whatever from any valuation or appraiument laws. ~ 12. I( default be madc in paymrnt of any instalment of principal or interest of said note or any part thereof when due, or ~4 in payment, when due of any other sum secured hereby, or in pedormance of any of Mortgagor's obligations, covenants or ~ agreemenu hereunder, all of the indebtedness secured hereby sFiall become and be immediately due and payable at the option of Mortgagce, without notice or dernand which are hereby acpressly waived, in vrhich evrnt Mortgagee may avail itself of aU righb ~ and remedics, at law or in equity, and this mortgage may be foreclosed with a11 riqhts and nmedies a(forded by the laws of w Florida and Mortgagor shall pay a11 cosu, charges and upenses thermf, induding a reasonable attorney's fee. ~ ~~QK235 PAGE2091 ~ ~ ~ _ _ -