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HomeMy WebLinkAbout1918 r . TOGETHER N'1TH all and singular the tenemcnts, heraiitaments and appurtenanca the«•unto ttcbngi~g or in anYW~u the~eunto appe~taining and the ~ents, iuues and protits tAereo[, and also all the estate, right, titlc. interat a~d aU claim and demand whatsoe~•e~, as well in law as i~ equity, of the uid I~iortg3gor in and to the ~me, including but not limited to: ~ (a) All rents, pro(its. ~•enues, royalties, rights and bene(iu de~ived itom (1) crops growo on said security and produce of the soil othcrwise (2) oil, gas or mineral leases ot the prcmises or any part ther~ot, rto~v existinq or he~tina(ter made, and (3) all othcr reots, iuua and 'profits of the pre~nises f~om time to time accruing, whether under leases or tenancits now existing or htreatter created; in each such case with the right in the 11lortgagee, but only at its option, to receive a~d r~ceipt ehe~efor and to apply the same as it may elect to any indebtcdneu securcd hercby, and the Mortgagee, at its option, may de~nand, sue [o~ and rero~~er any such payments, reurving to the 1?iortgagor, howrver, so long as said biortgagor is not in d~tault hereunder, the right to receive and retain such rents. iuues and pmfits. (b) All judgmenu, awards of dama~es and settlements hereatte~ made as a result ot or in lieu of any taking of the ~ premises or any part thereof under the power of emin~nt domain, or tor any damage (whether caused by such taking or o~herwise) to the premises or the improcements thereon or any part thereol; such part of any such judginent, award or settl~ment, as the rtortgagee may elect to be applied to the indebtedness hereby securecl and the balance thereof, i[ ar?y, to be ~~sen•ed to the party or partia otherwise entitlecl thereto. TO HAVE AND TO NOIA the above qranted and dcYCribed prcmises to the said Atortgagee, its succeuon and assi4ns, toreve~, and the said 111ortgagor does hereby (ully warrant the titk to said la~d, and will de(end the sam~ aga~nst thc lawful cl:+ims of all penons whomsoever; pcovided alrwrys that if Mortgagor shall pay to 111ortgagee that certain promissory note abo~•e described and shall perform aq other co~enants and cortditions of said promissory note, and of any renewal. extension or modi- (ication thereot, and of this mortgage, thcn this mortgage and the estate hereby cr~ated shall cease :+~d tx m~ll and ~roid. I?iortgagor turther covenanta and aqrecs with \tortgagee as follows: 1. To pay all sums including interest secural h~reb~ when due, as proa•ided for in said pro~n:ssory note and any renewal, extension or modification thereof and in this mongagq all such sums to b~ payable in law(ul money of the United States of America at ~iortgagee's aforesaid principal o(Gce, or at such other place as Liortgagee may designat~ in writing. 2. To pay wh~n due, and without requiring an~ notice irom \tortgagee, all taxes, aurssments of any type or naturc and other chargzs ln•ied or asseued against the premises hereby encumbered or an~ intercst of \fortgage therein. To immrdiat~iy pay and discharge any claim, li~n or encumbrance aqainst such premises which may be or become superinr to this mortgage and to pertnit no default or delinqu~ncy on any oth~r lie~., cncumbrance or charg~ aga:nst such prcmises. 3. I( required by \~ortQagee, to also make monthly deposits with 111ortgagee, in a non-interest bearing account, toqeth~r ; with and in addition to interat and principal, of a sum cqual to one-twelfth ot the yearly taxes and asussments which may be le~ied against the prcmises, and (i( so required) one-tNelfth of the ~eariy pr~miums (or insurance thereon. The a~nount o[ such taxes, assessments and premiums, when unknown, shall be estimatecl by Ilfortgagee. Such deposits shall be usecl by \iortgagee to pay such taxes, assrssments and premiums when due. Any insu((iciency of such account to pay such charges when due shal) ' be paid by l~iortgagor to ~iort¢agee on dem:tnd. I(, by re~son of any default by biortga~or under any pro~•ision o( this mort- gage, ~fortga~ee declues all sums secured h~reby to be due and papable. Mort,qagee may then apply any funds in said account against th~ entire indebtedn~ss serurecl her~by. The enforceability of the co~•enants relating to taxes, assessments and inwrance i pmmiums hercin oth~r~+•ise pro~•ided shall not be affccted ex~ept in so far as those obliqations ha~•e been met by rompliance with = this ara ra h. ~iort 1, re ma from time to time at its o tion wai~•e, and aher an such wai~•er reinstate, an or al) ro~•isions = P K P S• 4 Y P Y Y P hereof requiring s~ech d~posits, by notice to I~tortqagor in writing. ~~'hile any such wai~•er is in eflect Mortgagor ~hall pay taxes. ~ ass~ssments and insurance premiums as h~rein dsew•here pro~•idecl. ~ 4. To pay all tates, stamp tax or oth~r charge which may be asxss~d upon this mortgage, or s~id note, or indebtedncYS ~ secured hereby, without regard to any law, Federal or State, heretoforc or herea(ter enacted, imposing pa>~ment o( all or any s pan thereoi upon ~fort¢agee. In e~~ent of enactment of any law imposi~g payment of all or any portio~ of any such taxes upon j ~iortgagee, or the ~ena~ring by any court of last reson o[ a decision that the undertaking by Mortgagor, as herein pro~•ided, to # pay such tax or taxes is legally inoperativ~, then, unless Afortgagor nevtrtheless pays such taxa, all sums hereby secured, without ~ any drduction, shall at the option of \iortgagee become immediately due and payable, notwithstanding anqthing contained herein or any law heretofore on c~reafter ~nacted. ~ { i 5. To kc~p the premiscs insured against lou or damage by fire, windstorm or extended co~erage and such oth~r hazards as ~ ; may be required by ~fortgagee, in form and amounts satislactory to, and in insurance companies appro~•ed by 11ioRgagee, and with ~ acc~ptable mort4agee loss payable clausts attached. Such policies, together with such abstracts and other title e~•idence as may ~ ; be reyuired by riortqagce, shall be deli~•ered to and hcld by 1liortgagee without liability. Upon foreclosure of this mortgag~ or ~ ' othcr acquisition of th~ premis~s or any part thereof by I?fortgagee, said po)icia, abstracts and tide evidence shatl become the ~ absolute property of ~iortqagee. ~ ? fi. To Cnt obtain the writt~n consent of I?fortqagee, such consent to be granted or withheld at th~ wle diserction of such ¢ \tortgaee~, bciore (a? r~moving or dcmolishing any building now or hereafter erected on the premises, (b) altering the arrange- ~ ment, desicn or structura! character therrnL (c) making any repain which ineroh•e the remoeal of structural parts or the ~ ezposure of the interior of such building to the elements, or (d) except for domestic purposes, cutting or remo~•ing or permittinq ~ the cutting and r~mo~•al of any trces ~r timber on the prcmises. ~ 7. To maintain premiscs in good condition and repair, including but not limited to the making of such rrpairs as lfortgagee ~ may from time to time determine to bz necessary for ihe preservation of the premises and to not commit nor prrmit any waste thereof. 8. To comply with all laws, ordinances, regulations, co~•enants, conditions and restrictions affecting the premises, and not ~ to su((er or p~rmit any ~•iolation thereof. 9. If ~?iortga¢or fails to pay any claim, lien or ~ncumbrance which is superior to this mortgage, or, when due, any tax or ~ axcessment or insurance premium, or to keep the premises in rcpair, or shall commit or permit waste, or i( there be commenced = an zction or rocecdin affectin the remises or the title. thereto then Mort a_ ee. at its o tion, ma ~ said claim, lien, encum- Y• P 3 B P + 3 S P YP•Y ~ brance, tax, aueumrnt or premium, with right of subrogation th~reunder, may make such repain and takt such steps as it deems ad~•isable to pre~•ent or cure such waste, and map appear in any such action or proceeding and retain counsel ther~in, and ta~e such action ther~in as Aiortgagee deems ad~•isable, and (or any of said purposes Mortgagee may advance such sunu of money, - including all costs. fers and other itrms of expense as it deems necessary. Mortgagee shaU be the sole judge of the legality, fi ~•alidity and priority of any such claim, lien, encumbrance, tax, asses3ment and premium, and of the amount necessary to be paid ~ in satisfaction thereoi. Ilfortgagee shall not be held accountable for any delay in making any such payment, which delay may ~ ~ result in any additional interest, cost, charges or expense otherwise. t ~ ~ ~ 10. !~tort¢acor will pay to 111ortgage~, immediately and without demand, all sums of money advancecl by ~tort¢aee~ pursu- ' ant to this mortgaRe, toeether with intPrPSt on each such ad~•ancement at the rate of ten per crnt. (107~ ) per annum, and all ~ E such sums and inter~st th~reon shall be secured hereby. i I L All sums of money xcured hercby shall be payable without any relie( whate~er from any va~uation or appraisemrnt laws. ~ ~ !2. i( default be made in payment of any instalment of principal or interest o( saic! note or any part thereof when due, or - in payment, when due of any other sum ucured hereby, or in pedormance of any of Mortgagor's obligations, covenants or s agrcemenu hereunder. a11 0( the ind~btedneu secured hereby shal! become and be immediately due and payable at the option of # Mortgagee, without notice or demand Nhich are h~reby expressly waived, in which ecent Mortgagee may avail itself of all rights ~ K and temedia, at law or in equity, and this mortgage may be foreclosed with all rights and retnrdies af(erded by the laws of y ~ Florida and I?iortgagor shall pay all costs. charges and eapenses thereof, including a reasonable attorney's tee. 7 ~ ~OOK ~V9 PACE 1 ~~7~•> ~ _ ~ ~ 3 : ; €~:.__~~.e._, _ ~...._.~~v-.~~ ~ _.m... ~ . . ~ a_ . ~