HomeMy WebLinkAbout2365 • TOGSTHBIt WiTN all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any- •
wise thereunto appertaining and the rents, issues and profits thereof. and also all the estate, right, title, interest and all
claim and demand whatsoever, as well in law as in equity. of Mortgagor in and to the same, including but not limited to:
(a) All books. records, receipts. written agreements. leases and security deposits used or usable or intended to be
used or held in connection with present. past or utnre operations of the premises.
(b) All machinery, apparatus. equipment, fittings; and fixtures, whether actually or constructively attached to said
premises, and all building materials of every kind and nature, and all trade, domestic, and ornamental fixtures. now or
hereafter located in. upon, over. or under said Qremises or any part thereof and used or usable or intended to be used in
connection with any present or future operation of said premises, including, but without limiting the generality of the -
foregoing: all heating, air-conditioning, ligghting, incinerating. and power equipment; all engines, compressors. piQes,
pumps, tanks. motors, conduits and awitchboarda; all plumbing. lifting. cleaning, Bee prevention, fire extinguishing.
refrigerating, ventilating, snd communications apparatus; all boilers. furnaces, oil turners, vacuum cleaning systems,
elevators, and escalators: all built-in stoves. ovens, ranges, disposal units, dishwashers. water heaters. exhaust systems,
refrigerators, cabinets, and partitions• all rugs and carpet3: commercial type laundry equipment; together with all
contract rights to acquire any of the foregoing and all deposits seed payments made under contracts for the acquisition
of same; together with all additions and accessions thereto and r•eplacentents thereof and proceeds therefrom (the
Mortgagor hereby agreeing with respect to all additions, accessions, replacements and proceeds to execute and deliver
from time to time such further instruments as may be requested by the Mortgagee to confirm and perfect the convey-
. ance, transfer and assignment of any and all of the foregoing); all of the foregoing shall be deemed to be fixtures and
shall be part of the security for the indebtedness herein mentioned and arc transferred and conveyed by the Mortgage.
(c) All rents, profits, revenues, royalties, rights and benefits derived from (1) crops grown on said security and
produce of the soil otherwise (2) oil, gas or mineral leases of the premises or any part thereof, now existing or hereafter
made, with the right to receive and receipt therefor and apply the same to the indebtedness secured hereby either l,efore
or after any default hereunder, and Mortgagee may demand, sue for and recover any such payments but shall not be
nxluired so to do, and (3)• all other rents, issues and profits of the premises tmm time to time accruing, whether under
leases or tenancies now existing or hereafter created, reserving to Mortgagor, however, so long as Mortgagor is not in
default hereunder, the right to receive and retain the rents, issues and profits in clauses (1) and (3) herein.
(d) All judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings
or the taking of the premises or any part thereof uncter the power of eminent domain, or for any damage (whether
caused by such taking or otherwise) to the premises or the improvements thereon or any part thereof, or to any rights
appurtenant thereto, including any award for change of grade of streets. Mortgagee is heret,y authorized, on behalf
and in the name of Mortgagor, to execute and deliver valid acquittances for, and to appeal from, any such judgments
or awards. Mortgagee may apply all such supra or any part thereof $o received, after the payment of all of its expenses,
including costs and attorneys' fees, on the indebtedness secured hereby in such manner as it clicts, or, at its option, the
entire amount or any part thereof so received pray be released.
TO HAVE AND TO HOLD the at,ove grantc~l and desrribed premises to Mortgagee, its successors and assigns,
forever, and Mortgagor does hereby folly warrant the title to saicl land, and will defend the same against the lawful
cisinrs of all persons whomsoever; provided always that if Mortgagor shall pay to Uor•tgagee that ccr•tain promissory
note above deacrit,ed and shall perform all other covenants and conditions of said pmmis~ory note. and of any renewal,
extension or modification thereof. and of this mortgage, then this mortgage and the estate hereby created shall cease
and be null and void.
Mortgagor further covenants and agrees with Mortgagee as follows:
1. To pay all sums including interest. secured hereby when due, as pluvided for in .aid promissory note and any
renewal, extension or modification thereof and in this mortgage, all- such sums to be nayat~le io lawful money of the
United States of America at Mortgagee's aforesaid principal office, or at such other place as Dior•tgagee may designate
in writing.
2. To pay when due, and without requiring any notice from Mortgagee, all taxes, assessments of any type or nature
and other charges Levied or assessed against the premises hereby encumbered and produce r~K•i~ipts therefor upon demand.
To immediately pay and discharge any claim, lien or encumbrance against such premises which- map lie or 1?ecome
superior to this mortgage and to permit no default or delinquency on any other lien, encumbrance or charge against
such premises.
3. If required by Mortgagee, to also make monthly deposits with Mortgagee, in anon-interest I:ra,•ing account,
together with and in addition to interest and principal. of a sum equal to one-tK•elfth ..f the yearh• taxes and assess-
ments which may be levied against the premises, and lif so required) one-twelfth of the y~•arl:• premiu:,a for insurance _
thereon. The amount of such taXe9, assessments and premiums, when unknown, shall Le estinr•+ted by ~Mrtgagee. Such
li deposits shall F,e used by Mortgagee to pay such taxes, assessments and premiums ~~~hen due. and= insufficiency of such
account to pay such charges when due shall be paid by Mortgagor to Mortgagee on demand. if, by reason of any default
by Mortgagor under any provision of this mortgage, Mortgagee declares all sums secwrd hereby to lie due and payable,
Mortgagee may then apply any funds in said account against the entire indebtedness seKUrcd hereily. Tire enforceability of
f the covenants relating to taxes, assessments and insurance premiums herein .otherwise provided shall -not Le affected
~ except in so far as those obligations have been•met by compliance with this psragraph..llm1gagce may from time to
f time at its option waive, and after any such waiver reinstate, any or all provisions hereof t•eyuiring such deposits, by
1 notice to Mortgagor in writing. While any such waiver is in effect bortgagor shall pay taxes, ussessn,ents and insur-
ance premiums as herein elsewhere provided.
~ 4. To promptly pay all taxes and assessments assessed or levied under and by virtue of any st::te. fititeral. ur municipal
s law or regulation hereafter passed, against bortgagee upon this mortgage or the debt he:ei~y secm•~yl. or upon its
interest under this mortgage, provided however, that the total amow,t so paid for any such taxes pursuant to this
paragraph together with the interest payable on said indebtedness shall not exceed the highest ::~~cful rate of interest
in Florida and provided further that in the event of the passage of any such law or r•egul::t:ten, flee entire indebtedness
secured by this mortgage shall thereupon hecome immediately due and payable at the option of ~tortgagce.
5. To keep the premises insured against loss or damage by fire, the perils against which insu~:uu•e is afforded by
the Extended Coverage Endorsement, and such other risks and perils as Mortgagee in its discretion nray require, in-
cluding without limitation, flood, earthquake and sinkhole insurance. The policy or policies of such insurance shall be in
general use from. time to time in the locality in which the premises are situated, shall tee in such amount as Mortgagee
may reasonably require, shall be issued by a company or companies approved by Mortgagee. and shall contain the
Standard Mortgagee Clause with loss payable to Mortgagee. Whenever required by Mortgagee, such policies, and ab-
a stracts and other title evidence, shall be delivered immediately to and held by Mortgagee..~ny and all amounts received
by Mortgagee under any of such policies may be applied by bortgagee on the indebtedness secured herby in such man-
ner as Mortgagee may, in its sole discretion, elect or, at the option of Mortgagee: the entire amount so received or any
part thereof may be released. Neither the application nor the release of any such amounts shall cure or waive any de-
fault. Upon exercise of• the power of sale given in this mortgage or other acquisition of the premises or any part
thereof by Mortgagee, such policies, abstracts and title evidence shag t,ecome the absolute property of Mortgagee.
6. To first obtain the written consent of Mortgagee, such consent to be granted or withheld at the sole discretion
? of such Mortgagee, before (a) removing or demolishing any building now or hereafter erertcd ou the preroi~es, Ib)
altering the arrangement, design or structural character thereof, (c) making repairs which invoh•~~ the removal of
t structural parts or the exposure of the interior of such building to the elements. Id) except for doinesUc pm•poses,
cutting or removing or permitting the cutting and removal of any trees or timber on the premise:. le) erecting any ,
new building or structure on the premises or additions to existing buildings, or (f) reducing the exiaing parking area. `
) 7. To maintain premises in good condition and repair, including but not limited to the making of such repairs as
Mortgagee may from time to time determine to be necessary for the preservation of the pr•enrijes and to not commit
nor permit any waste -thereof. 1
8. To comply with all laws, ordinances, regulations, cosrenants,~conditions and restrictions affecting the premises,
and not to suffer or permit any violation thereof.
9. If bortgagor fails to pay any claim, lien or encumbrance which is superior to this mortgage. or, when due,
any tax or assessment or insurance premium, or to keep the premises in repair. or shall commit or permit waste, or if
there be commenced any action or proceeding affecting the premises or the title thereto, or the interest of Mortgagee
. goer 302 ~~r,~ 2365
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