HomeMy WebLinkAbout1901 TOGSTNER VYI'TH all and singular the tenements, hc~editamcnts a~d appurte~ances thercunto lxbnging or in anywiu
thereunto appertaioing and the rents, iuues and p~ofits thereoi, and also all the estate, right, title, inte~at and ail claim and
demand whatsoeve~, as weU in law as in equity, ot the said I?tortgagor in and to the same, including but not limited to:
(a) AU nnq, protits. revenua, royalties, rights and benefits derived (rom cropa grown on said security and prociuce
ot the soil otherwise (2) oil, gat or mine~al leases o( the premises o~ any part the~~of, now existing or he~rinafter made, ar?d
(3) all other renu, iuua and 'protib of the prcmises from time to time accniing, whether unde~ leases or tenancies now existi~g
or hereatter aeated; ia each such case with the right in the Mortgagee. but only at ib option, to receive and r~ceipt there[or
and to apply the satne as it may elect to any indebtalnesa securcd hercby, and the Mortgagee, at its option, may demand, sue tor
and recorer any such payments, resen~ing to the Mortgagor, however, so bn~ as said I?lortgagor is ~ot i~ default hereunde~, the
right to receivr and ~etain such re~u, issua a~d profits.
(b) AU judgments, awards of damages and settlements herea[ter made as a result ot or in lieu oi any taking o( the
premises o~ any part thereof under the power of eminent domain, or [or any damage (whether caused by such taking or otherwise)
to the premises or the impro~•eme~ts thereon or any part therco(; such part of any such judgment, award or uttleme~t, as the
I?iortgagee may elect to be applied to the indebtedneu hereby secured a~d the balance the~eol, if any, to be reserved to the
party or parties otherwise entitlecl thereto.
TO HAVE A~D TO HOLD the above granted and described premises to the said Mortgagee, its succeuon and auigns,
lore~•er, and the said 1liortgagor does hereby fully warrant the title to said land, and will defend the same aga~nst the lawful
daims of aU penons whomsoever, proaided always that it 1liortgagor shall pay to Mortgagee that certain promissory note abo~•e ;
dcscribed and shall perform all other covenants and conditions ot said promissory note, and of any renewal, extension or modi-
(ication thereof, and of this mortgage, then this mortgage and the estate hercby created shal! cease and be null and void.
Mortgagor further co~eaanu and agrees with l~tortgagee as follows:
t. To pay ail sums including inter~st securcd hereby when due, as provided [or in said prom:ssory note and any renewal,
extension or mod~tication thereo( and in this mortgage, ail such sums to be payable in lawful. maney o( the Unitcd States of
America at 1liortgagee s aforesaid principal ofGeq or at such other place as 111ortgagce may daignat• in writing.
2. To pay when due, and without requiring any notice trom !1lortgageq ap taxes, aucssmcnu of any type or naturc
and other charga le~•ied or auessed against the premis~s hereby encumbered or any interest ot ~tortgage thercin. To immrdiately
pay and discharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and
to permit no default or delinquency on any other lien, encumbrance or charge against such premises.
3. If rcquired by I?iortgagee, to also make monthly deposits with biortgageq in a non-interest b~aring account, together
with and in addition to interat and principal, of a sum equal to one-twelfth of the yearly taxts and assessments which may bc
1«~ed against the premises, and (if so required) on~-twel(th o( the y~arly premiums for insurance thereon. The amount of such
taxes, assessmrnts and premiums, when unknown, shall be estimatecl by Atortgagee. Such depcuits shall be uud by Mortgager
to pay wch taues, assessments and premiums ~rhen du~. Any insuffici~ncy of such account to pay such charga when due shall
be paid by \iortgagor to I?iort,qagee on demand. If, by reawn of an~• default by Mortgagor under a~y provision of this mort-
gage, I?iortgagee declara all sums secured hereby to be due and payable, Mortgagee~ may then apply any funds in said account
against the entire indebtedness secured hereby. The enforceability of the covenants relating to taxn, asussments and insurance
premiums herein otherwise proa•ided shall not be affected except in so far as those obligations have been met by compliance with
this paragraph. Mortgagcc may from time to time at its option wai~•c, and after any such waiver reinsta~e, any or all provisions
hercof requiring such d~posiu, by notice to Mortgagor in writing. ~Yhile any such waiver is in ef(~ct Mortgagor shall pay taxes.
assessments and insurance premiums as herein ~Isewhere pro~~ided.
4. To pay all taxes, stamp tax or other charge which may be asxssrd upon this murtgagt, or said note, or indebtedneu
secured hereby, rvithout reqard to any law, Federal or State, hereto[ore or hereafter enacted, imposing payment of all or any
part thereof upon :1~ortqagee. In event of enactment of any !aw imposing payment of all or any portion ot any such taxes upon
Mortgagee, or the rendering by any court of lut ruort of a decision that the undertaking by Mortgagor, as herein pro~~ided, to
pay such taz or tax~s is leqally inoperati~~e, then, unleu biortgagor nevertheless pa~~s such taxes, all sums hercby serured, without
any deductio~, shall at the option of Mortgagee become immediately due and payable, notwithstanding anything contained herein
or any law heretoforc or hercafter rnacted.
5. To keep the premises insured against loss or damage by fire, windstorm or extended coverage and such other hazards as
may be required by Atortgaqee, in form and amounts satisfactory to, and in insurance companies approved by 1liortgagee, and with
acceptable If10[t$3Q« loss payable dauses attached. Such policies, together with such abstracu and other tide e~•idence as may
be required by Ilfortgagee, shall be delieered to and held by Mortgagee without liability. Upon foreelosure of this mortgage or
~ oth~r acquisition of the premises or any part thereo[ by Mortgagee, said policies, abstracts and title e~•idence shall become the
f absolute property of ~fort¢agee.
' 6. To first obtain the written consent of I~fortqagee, such conunt to be granted or withheld at the sole discretion oi such
~ I1io~tqa~ee, bcforc (a) r~moving or demolishing any building now or hereafter erected on the premises, (b) altering the arrange-
E ment, desien or structural character thereof, (c) making any repain which involve the removal of structural parts or the
! exposure of the int~rior o[ such building to the demcntt, or (d) except for domestic purposes, cutting or removing or permittinq
~ the cutting and removal ot any trces or timber on the premises.
t 7. To maintain premises in good condition and repair, including but not limited to the making of such repairs as 1liortgagee
~ may from time to time determine to be necusary tor the praervation of the premises and to not commit nor permit any waste thercof.
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? 8. To comply with all laws, ordinances, regulationa, co~enants, conditions and restrictions affecting the premises, and not
~ to suffer or permit any ~•iolation thereof.
p 9_ If biortgagor fails to pay any claim, lien or encumbrance which u superior to this mortgage, or, when due, any tax or
~ assrssm~nt or insurance pnmium, or to keep the premises in repair, or shall commit or permit waste, or if there be commenced
t any action or proceeding atfecting the premixs or the title thereto, then Mortgagee, at its option, may pay said claim, lien, encum-
brance, tax, asseument or premium, with right o( subrogation thenunder, may make such repain and take such steps as it deems
' ad~•isable to prr~ent or cure such waste, and may appear in any such action or proceeding and retain couns~l therein, and tate
; such action therein as Mortgagee deems ad~isable; • and for any o( said purposes Mortgagee may advance such sums ot money,
t including aU costs, fea and othcr items of expense as it deems necessary_ 11~ortgagee shall be the sole judge of the Iegality,
; ~•alidity and priority o( any such claim. Gen, encumbrance, tax, assessment and premium, and of the amount necessary to be paid .
in satisfaction thereof. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may
" result in any additional interest, cost, charga or expense otherwise.
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~ 10. Mortgagor wiU pay to 1liortgagte, immediatdy and without demand, all sums of money ad~~anced by \fortgagee pursu-
: ant to this mort,qaqe, together with interest on each such ad~•ancement at the rate of ten per cent. (10 c) per annum, and all
~ wch sums and interrst thercon shall be secured hereby.
~ 11. All sums of money ucured hcreby shaA be payable without any nlief whatever trom any valuation or appraisement laws.
12. I( de(ault be made in payment of any instalment of principal or interest of said riote or any part thereof when due, or
~ in payment, when due of any other sum secured hercby, or in performa~ce of any o[ Mortgagor's obligations, covenants or
~ agreements hereunder, all of the indebtedneu secured hertby shall become and be immediately due and payable at the option of
r Mortgagee, without notice or demand which are hereby expreuly waived, in which event Mortgagee may avail itself o( all rights
~ and remedies, at law or in ~quity, and this mortgage may be foreclosed with all rights and nmedia afforded by the laws of
- Florida and Mortgagor shall pay aU costs, charges and expensa thereo(, including a reasonable attorney's fee.
°aooK 236 PacE19Q~
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