HomeMy WebLinkAbout0147 70CETHER WITH al) and uaaulu tAe trnemenu, hereditamenta and appu~tensoces therrunto bebn;iog or in anywiu
the~eunto appertainina and the rents, isiua and pwtiu tAercof, and alw all the estate~ right, title, i~terat and all cla~m and
demarw• wAataevc~~ u wcU in law as in equity, o( tbe uid Monsago~ in a~d to the iame, includina but not limitcd to:
(a) AU reaq, protiu~ revenua. wyaltia, rights and benetits de~ived Irom (1) cmpa srown on ~id ucurity and produce
of the wil otherwise (2)~ oil, su or minenl leases of the premises or anr patt tAcreof, now acistins or hereenalter made. and
all other rents, iuua and 'profiq ot tbe psemises trom time to time accruin~, whcther unde~ leases or tenancies ~ow acistin;
os bercatte~ cnated; in cach iuch ca~e with the ri~ht in the Mortga~ee, but only at iu option, to rcceive and receipt thercto~
and to apply tAe same u it mar elat to any indcbtedneu aecured hereby, and the Mortgaaee, at its option, may demand, sue tor
and cecover a~y such payments, reurvina to the Mortgagor, however, w brtg as said Mortgagor is not in default hereunder, the
right to receive and retain iuch rcnts, iuua and protita.
(b) AU judgments, awuds of d~maaes and xttlements he~eafter made u a rault of or in lieu ot any taking ot tAe
premises or any part thereof u~der the power of eminent domain, or for any damage (whether caused by such taking o~ otherwise)
to the premiscs or the improvement~ the~eon or any part thereot; such part o( any such judgment, award oi settlement, as the
Mortgagce may eiect to be applied to the indebtedness hereby secured and the balance thereof, if any, to be reserved to the
puty or puties otherwise entitled thereto. '
. TO HAVE AND TO NOt.D the above granted and deuribed premisa to the uid Mortgagee, it: succeuan and auigro,
(orever, and the said Mortgagor does hereby Sully warrant the tit4~ ~o said land, and will d~(end the same against the law[ul
claims of aU penons whomtoever; provided always that •if Mortgagor shaU pay to ?viortgagee that cert.:n ~:a:nissory :~ute above
eiescribrd and shatl perform ali other covenants and eortdition~ o( sa;d pro:aissorv note, and of a»y renewal, extension or modi-
(ication thereof, and of this mortgage, then this tnortgage and the estate hereby created shall cease and be null and void_
Mortgagor turther covenants and agrees with I~~ortgagee as tollows:
1. To pay all sums i~cludins interest secured hereby wh~n due, as provided tor in said prumissory note and ar?y renewal, .
ext
,nsion or mod~tication thereo( and in this mortqage, all such sums to be payable in lawful money of the United Stata o(
Amenca at Mortgagee's aforesaid principal ofCce, or at such other place as Mortgagee inay designate in writing.
2. To pay when due, and without requiring any notice (rom Mortgagee, all taxes, assessments of any type or nature
and other charga levied or au~ssed against the premises hereby rncumbered or any interest of :liortgage theretn. To immediately
pay and diuharge any claim, lien or encumbrance against such premises which may be or become superior to this mortgage and
to permit no detault nr dclinquency on any other lien, encumbrance or charge against such premises.
3. If requircd by 111ortgagee, to also make monthly deposits with Mortgagee, in a non•interest bearing account, together
with and in additeon to interest and principal, of a sum equai to one-twelfth o( the yearly taxes and assessments which may be
levitti against the premius, and fif to required) onc-twe!(th of the yearly prcmiums !or insurance therron. The amount of sur.h
tua, asseuments and premiums, when unknown, shall be estimat~d by I?fortgagee, Such dcposits shall be used by Mortgagee
to pay such taues, asscuments and premiums when due. Any insuf(icicncy of such account to pay such ehargcs when due shall
be paed by Mortgagor to I?tortgagee on demand. I(, by reason o( any default by Mortgago~ under any provision of this mort-
gage, Mortgagee d~clar~s a11 sums secureel hereby to be due and payable, Mortgagee may then apply any funds in said account
against the rntire indebtedncss secured hereby. The enforceability of the covenants rctating to taxes, assessments and iasurance
premiur~s herein otherwiu pro~•ided shall not be affected except in so far as ehose obligations have been met by compliance with
this paragraph. Iltortgagee may from time to time at iu option wai~~e, and a(ter any such waiver reir?state, any or all provisions
hereoE rcquiring :uch d~posiu, by notice to Mortgagor in writing. ~~hile any such wai~~er is in effect Mortgaqor shall pay taxes,
aueuments and insuranc~ premiums as herei~ elsewhere provided.
4. To pay all tax~s, stamp tax or other charge which may be aucued upon this mortqage, or said note, or i~dcbtednes~
secured hereby, without regard to any law, Federal or State, heretofore or hereatter enacted, impasing payTnent of alt or any
part the~eof upon Mortqagee. In cvent of enactment of any iaw imposinq payment of all or any portion o( any such taxes upon
Mortgaget, or the rendrring by any court ot last resort o( a decisios? that the undertaking by Mortgagor, as hercin provided, to
pay such tax or taxes is legally inoperative, then, unleu Mortgagor nevertheleu pays such taxes, a11 sums hereby xcured, without
any deduction, shall at the option of 1liortgagee become immediately due and payable, notwithstanding anything contained herein
or any law heretoiore or hereaft~r enactrd.
S. To kcep the premises insured against tou or damage by fire, windstorm or extended coverage and such other hazards as
may be requircd by ?~fortgagee, ia (oFin and amounts satisfactory to, and in insurance companies approved by Mortgagee, and with
acceptable mortgagee loss payabte clauses attached. Such policia, together with such abstracu and other title cvidence as may
be required by Mortgagee, shall be delivered to and held by Mortgagee without liability. Upon loreclosure of this mortgage or ~
other acquisition of the premis~s or any part thereof by Mortgagee, said policies, abstracts and title evidence shall become the
absalutt psoperty of Mortgagee_
6. To tnt obtain ~he written eons~nt of Mortgagee, such conx~t to be granted or withheld at the sole discretion ot such
Mortgag~e, belore (a) removing or demolishing any building now or herealter erected on the prcmises, (b) altering the arrange-
ment, desiqn or structurai character thereof, (c) making any repain which in~rolve tfie removal of structural parts or the
exposure of the interior of such bwlding to the elements, or (d) except (or domatic purposes, cutting or removing or permitting
tht cutting and remova! of any trcts or timber on the prcmise~.
7. To maintain premisct in good condition and repair, including but not limite<3 to the making of such repain as Mortgagee
may [rom time to time determine to be neceuary for tt~e preservation of che premises and to not commit nor permit any waste thereof.
8. To tomply with all laws, ordinances, regulations, covenants, conditions and ratrictions affecting the premises, and not
to suf(er or permit any violation thereoE.
9_ I( Mortgagor fails to par any claim, lien or encumbrance which is superior to this mortgage, or, when due, any tax or
auasmmt or insurance premium, or to 4eep the premises in repair, or shalf commit or permit waste, or i( there bt commenttd
any action or procreding affecting the premixs or the tide thereto, then Mortgagee, at its option, may pay said claim, lien, encum-
brance, tax, assessment or premium, with right of subrogation thereunder, may make such repairs and take such steps as it deemt
advisable to prevent or cure such waste, and may appeu in any such action or proceeding and rttain counset therein, and take
such action therein as bfortgagee deertu ad~~isabie, and ior any o( said purposa Mortgagee may ad~•ance such sums of money,
including all costa, fees and othrr items of expenu as it deems necessary. MoRgagee shall be the sole judge of the legality,
validity and priority oi any such claim, lien, encumbrance, wc, asseument and premium, and ot the amount necessary to be paid
in xatisfaction thereo(. Mortgagee shall not be held accountable for any delay in making any such payment, which delay may
rault in anr additional internt, cost, charga or expense otherwise.
10. Mortgagor will pay to biortgagee, immediately and without demand, all sums o( mon~y advanced by A~ortgagee pursu-
ant to this mortgage, together with interest on each such advancement at the rate of ten ptr cent. ( lOr/c ) per annum, and all
such sums and inter~st thereon shall be sccured hereby.
11 _ All sums oE money secured hereby sha11 be payable without any rclief whatever irom any valuation or appraisement law~.
12. If detault be made in payment of any instalment o( principal or interat o( said note or anr part thercof when due, or
in payment,. when due ot any oeher :um secured hereby, or in performance of any of Mortgagor's obligations, covenanb or
a6reemcnts hereunder, all ot the indebtednas secured hereby shall become and be immediatety due and payable at the option of
Mortsagee, without notice or demand which are herebr acprasly waived, in which event Mortgagee maT avail itul( of al) righb
and remedies, at law or in equitr, and this mortgage aur be toreclosed with all rights and remedia aftorded by the law~ oi
Fbrida and Mortgagor shall wr all cosq, chuga and tapen~a thereoi, including a reasonable attorney's fee.
~ ~ t ~50 ~.4s
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