HomeMy WebLinkAbout0417 'Ii0 NAVE AND TO HOLi :l~e said premius wd evety p~t thereof unto the mongagee, acd/or, heirs, administcators. suttessop
~ auigns. tbeceof, forever.
PROVIDED ALVOAYS aod this mortgage i~ on the e:preu ~vn.fiiiun, ~hat if the mrut~;a~;ot shall pay or taust to bt Qa1d tht sum
of mooep mentioned in said p[omissory aote or twtd ia the aunne~ ~c thrctin speiihed, and the ~nt~rest thrrc.x~ as the same aha4 become
due. according to the tcue iacent aad mea~uag ~hercof. aad shall pay all oeher sums provide~i co be paid by ihis aarcgage tad ~6a11 pea
form aad abide by all d.e coveaancs and agreeaeats 6aein conainad, chen ~hese preseats ahail be void and the aace herein aud 6aeb~
sranted ~hall «ase and determiae. -
AND SAID MORTGAGOR doa he~cbp coveaant w~ith t!K mortgagee that said mortgagor at the tiax of the easeali~ag and ddi~a~
of these presea~s is indefessibly xized of said land ia fee siinPIc as aforesaid• that said morcgagbr has g~od right, Euli pow~et aud
la~rful authority to gnnt, bacRain. sell and ca~nvey the same in the nunner and Form aforesaid; ~hat it shall be lawful tor the monasget
at all cima hereafcer peaceably aad quieciy eo en~e~ upon. 6old, ottupy and enjoy uid land and evecy patt thereof, aad the appunenanca;
that said laad, and ~v.ry put chereof. ia f~ee and cleu of al! other and tormer lims, asxssmen[s. charges, judRmeaes, taxes. wc titld
~od/or cercibcaees. and encum~nnca oE e.Yry kind and nacuce; thae said mongagor does fully w~attant the citle to ~ald land tod evse~
part thutof and w~ill totevu dtfe~d the same ~gaiost the lawful tlaims of aQ persons .vhomwever.
AND 'I'HE MORTGAGOR does 6ereby futther m~enaac. promise aad agree. to aod with the mo~tgagee, as follows:
1. To paZ prompdy as they sevenliy become due all aad ~ingutar the pa~mtats of p:irttipat' ~ad iaterest aad other sums of mooe~
payable by v~rture o'f said ptomiswry note or notes or any renew~al or exteasion tl~ercof. and by vircue of this mortgsgq ~Il put dus
interest to bea~ Iaterest at the nte of ~en (10) per «nt per aunum from its due date uncil paid
2. To pay all tuid sinFular che costs. fees, charga and e:pensa, includinq mst of abstna of title to the above described premisestand
aa~onable attomeys' fees. w•hich the mortgagee ma~• be put to or incut in collecting any sum. eicher of principal or interes~ secuced
bereby. o~ in pcotating ehe mortgaga's secuciq•, w•hether by suit ar otherwi;e.
3. To permit, commit or suffer no waste. impairmmt or deterioration of said property oc any put thereot; to pecmit aothin~ to be
to sa~d pramixs thac may in any way weaken or impair the ucuci[y uoder this mortgage.
~ To perforra. compty wit6 and ~ide by each and every elie m.eaanes, agrecmeoa and cooditions of said promissory noa wd af thi~
moctgaaa , '
S. To kes~ tbe above described prcmises in 6rst dass repair and ia u good coadition ss they 6o~v are; to permit the awctgagee ~o
eater upoa and view~ uid premixs. The buildings now~ iocated on premiscs henia or which auy hercafter be locaced or eretted theceoo
~11 not be relocated theteon or removed therefrom, al~ered or remndeled withouc the w~rittm consent of ehe mongagee or auigas; 'and.
in p~e of breach of this mt~dition, che pariies w doinR or the mortqaFors slull be liable to the mortgagte or us~Ras for ~ny daa~age
done or impairment of the nroperty securiog ihis mort~aRe; and this moregage and note or no[es secured chereby shall. ia it~ entitety.~ba
come immediately due and payYble at the opcion of ~he morcFi~;ee. 'Il~is mortRage lien extends to anv building now situate or w~6ich
may 6ereafta be situate or l~cated on uid premius and materials compo~inR said buildings, w~hether atached or detathed to t6e rtal
estate 6ecein: and ia csse of the t-moval of any buildinR now located on said p~emixs or which may hereafter be located theteon ot t6e
materit! composing same dureag the cerm of this mor~~;a~;e to some oiher premixs. the lien of this mortgage shall cemain and be en•
Eorceable aRaiosc siid buildiogs or material w•herever same may be moved or retocated.
6. To proa?pdy obey and coa,ply witt~ all lsw~s and requirements of any and all duly twissituted govemmmtal authoricies: to pty
ptomptly w~hen due all and sinFular tbe tazcs, assess~ncncs, le.~ies, lubilities, obli~ations and mcumbrances oE every kind and natutt that
may be Itvicd, asessed or iap:,a~.S upon or aRains~ uid premises, or upon ~his monqaRe or .the indebtedness secured hereby; to petmit
0o tim to accrue or remain on said premises, or any part chereof, or on the impro~•ements thereon. w~hich migbt take precedmce over the
lim herein and hereby ueaee.i: to deposit w-i~h~~:~e iaorc~a~x, on or teturr ihr 6~s~ day uf :•tarcn in each pear. sa~isfactory t~•inence ot the
paymmts of all tazes, asxssments, public charRes and lirns of everv nacure, aAccting or w~hich may aflect. ths above described premises
or any part theteof• that the rntire principal sum hereby se~Lred and ~he inrcrest ihereon, may at the option of the mortgagee, be declued
immediacely due and pa~able, in ~he evenc of sny chao~e in the laws of ~he Sta[e of Florida, either by statutory rnactment or by judicial
detision, whereby the paymeat of any of the taxes, auessments, liens or thuges hereinalw~•e described may be impoxd on the mongagee.
7. To keep the improvements nov~ or hereafter on uid premixs insured against loss by 5re and IiRhtning~ and if rcquired. aRaiast
loss by tomado. in a Company or Companies sacisfactory to the mortQagee, in a sum not less than the highest insurable valuq said poliaa
to be deQosiied witl~ the mo~cgaRee, premiums paid and uid poiicies to con~ain standard mortgage clauxs, satisfactory to the moctgagee,
tLe loss. tf any. to be payable to che mongagee as his or ics inter:st map :ppear;- to deliver all rmewal policies, prtmiums paid, to t6e
mortgagee, at least tm ( lo) days prior co the e.pira[ion of che old policies; to permit the amount of iusurance money paid by aa~
insunnce company in rase of loss to be aDD~~~ either oa the indcbcedness secvred hereby or in rebuildinA oc restoring the damaged
building and/or building~ as the mort~;agee may eleit '
8. 77ut if the mortgagor fails or refuses to thus repair and/or insure said premises, or to deliver such insurance policies. ptemiums
paid, as herein, provided, or to pay and dischuge any taxes, assessmrnts, lims, charges, or other costs hetein agreed to be paid and d'w
charged, t6e mortgagee r.»~v, at his or its optwn, make such repairs, procure such insurance. or pay and dixharge such taxes. assess-
ments. lims. cl~arges or other coses, and thae it shall noc be obliRacory on ehe mongagee to iaquire into the necessity or ~~alidity of s~cb
repairs, axes, asxssments, liens, charges or other coscs; that naehin~ hereio concained shall be tonstri:ed u requiring the moctgagee to
ad~usee any monrys tor any of che purposes xforesaid; ;hat ~he e<ercise by ehe mortgagee of his or iu opcion eo advance moneys for such
' purposes shall in no wisc wai~•e ot aifcct his or its rig6t of fotedosufe or any other right or remedy hereuader; that all moneys
thw paid stull draw intcrest at thc race of ten (10) pcr cent. ptr annum, and, togethet with all reasonable attorney's fees, msts. thugd.
abstract fees and expmses of forecl~.sure or other proceedinRs, shall be repaid to the mottgagee, oa dtmand, and shall betome so mucfi
additiooal iadebtedness hereby xcured, and if not otherwise paid by the mortgagor, to be paid out of the ptoceeds of t6e sale of t6e
I . moctgaged premises in case of foreclosu:e as herein provided. -
I 9. Thtt tw extension of [he time or modiCca~ion of the tams of pa~mmt hereinabove tecited ~or any retlease of aay patt ot pacq
of tbe mongaged premises e~•en though made wirh~ut the consene of che Mortgagor, shaU release, relieve or dischugc the awctgagor
ftan t6e paymeat of any of the sums hereby secured, hut in sucb evrnt tht mortgagor shall nevenheless be liable to pay wch wms
ueording to the terms of wch extmsion or modi6cation mless e:prcssly relased and discharged in writing by t6e moctgagee.
10. lbat in aase of deFault in any of che payments of priacipal or interese, according to the tenor or etfect of said note or nots oc
fn tase of the actual or tlueacencd demolicio~ or remo.•al of any building oa said premises, or in t6e eveat af any actutl oc threttened
impalrment of ~he security hereby granted, or in the event of default in the paymene of any part oE the priocipal of said note or nota
~cmrding to d~e trnot thereof, or the taxes, premiums of insurance or any other sums to become dut hereunder, as the ~aane shall
rapecpvdy become due and payable, or in the c~-mt of the brcach of any of [he covenants berein conained, chrn~ and ia anq wcL
event, the entire principal sum hereby secured and ehe interest th~rron, and any payments which may have bem made by the mortgsgee
for repain, insurance. axes, assessmeots, costs, charges, expeaus, abstnct fees, attorneys' fees or otherwise, shall at eht optioa of tl~e
mottgagee, become immediately due and payable a•iehout funher notice and this mortgage may be forclosed in the mamu and ~vith
the ume d[eet as if each and every of the said iadebcednesses hid ocherwise matured.
li. '[t~at In cax suit shall be instituted ia a compecenc coun to forerlose this mon~age, the morcgagee shall be encided, u a mattec
of right and withoat regard :o che value of the premiscs, or sot.~ency or insolvmcy of che parcia, and ait6out•notice, to the appoiotmeat _
of some mitable person or corpontion u a receiver isf and for'all and singular t6e mortgaged premises and the income and pro6ts thert-
of~ such receivtr t~ have the usual powen and duties of taeivers in such cases, induding the righc to mter uFAn, receive, recover tnd
qke, comptete posussioo of said property and the rents, income and pro6ts eheceof which shall be applied by such raeiver acmrding
to lawr md under the direccion of the coun making such appointmrnt.
12. That in the e~•m: the mortRaged premises sh.ll be wld in forcclosure proceedings or other proctedmgs that may be authorized
by law. the proceeds of such ule shall be applied as [ollows: Firs4 to c6e paymmt of all expenus incurred hereunder. including a reuoa-
able a[[oroey's fee for such servica as may be necessary for ehe colleccion of ~he secured indebtedness or any part thereof and tbe
foreclosure of this mortgage; second, to [he paymmt of w6atever sum ot sums che moagsgee may have paid or becomt lisble to pay in
carryiog out the optioo, cerms and stipulations of e6is moregage; third, to che payment and satisfactioo of said note and che iwterest
t6ertoo.
13. That the mailing of a writtm notice or demand addressed to the oaroer of record of the mortgagrd premises, or directed to tht i
sair. ..wner at the last address ac~uallv fumished to the mortgagee, or directed to said owner at said more~aged premises, and mailed b)
the Jnited Sta~es mails. sha~l be sufficient notice and dunand io sny cix uising under this instrummt and required by [he provisiona e
beteof or by law. ~
1~. 'tl~at the mottgagor heteby waivts all right of homesttad eaemption in tht hereinabove described praperty and agtees tbat t6is
mongage and the oote or ootes above described shall be mns~rued according to tbe law~ of the State of Florida.
1S. 'I~at in the even[ the morcgagor shoul3 sssigo the rencs of ehe morcgaged premises. or anq part thereof writ6out the consent of
the mortgagee, chen ~he mtire principal sum secuced 6eceby shall, ac ~he option of the mortgagee. become immediately due and payabte-
that the mortgagor, to fuether secuce the payment of ehe indcbeedness hereia above dexribed, does hereby usign co che mongsgee. all
the rent~ and pco6[s of said premius maturing aad becoming due subsequent to and during tht prndrncq of ~ny default ia tbe payment
of aay principal or interest hereby xcvred or in ehe perforenance of u?y oE the covenants htrein cootuned.
t6. 'Il~at each and every the covenanes, terms. conditions and agceements herein cootained on tbe pue of the mortgagot to be pa-
formed and l•ept, shall extrnd to aod biad each and every che monRagors, if [here are more tban one. and pch snd every tbeir 1~eics,
legal iepresentatives and assigns, and that che same s6all inure to the bene6t of the mortgagee, tad/ot 6eirs. sdminisuators, legal ctpte-
sentatives. wtcessors and assigns thetcoE.
17. 'That the aroagagee, or ihe heirs, assigns, legal represencacives, and/or succeswrs, thereof, s6a11 be subrogated foc fucther secvriry j
to tbe Gea. thuugh released of record, of any aad all mcumbrances gai~' ~:s ~f ehe proceed~ of che loan secured by this moctgage.
~ ?~r 1 25~ P~~E
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