HomeMy WebLinkAbout1917 _ TOGF.THF.R 11'ITI[ all ai~d singular the trnr?ucnts, hrreditaments and appiirt~nances thereunt~ tulonging csr in an>•v.ise
thr~eunto appc~taining and the rents, issues and profiu thereo(, and also a? the cst~te, right, titlr, int~rest ancl all ~-laim 'nc:
demand whatsoevc~, as well in l~w as in equity, ot thc saic! :~ic~~tgagor in and to the sanie, iiuludinc but not limitcd to: "
(a) a~ll rents, profits, revenues, ruyalties, rights and bene(iu drri~•ed (rom (1) crops grown an said security and produce ~
of the soil othenvise (2) oil, ~;as or mineral leases o( thc premiscs or any part thcrco(, nmv existinG on c~rcinafter made, an~t
(3) all other rents, issues and 'ptofits of the p~emises from time to time accruing, whether under leases or tenancies now eaisting
or 1?ereafter created; in each such case with the right in the :~fortgagee, but otily at its option, to receive and recc~ipt there(or
and to a~~ply the same as it may elect to any indebteclness securcd hrreby, and thc riartg:?gcc, a1 iu opti~~n, may dcmand, sue for
and reco~•er any such paym~n~s, rese~•ing to the Afortgagor, ho~~•FVCr, so long as said ~fortgagor is not in drfault hereunder, the ,
right to rerci~•e and retain such rents, issues and pro(its. • i
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(b) :111 judgments, awarcls of damages and settlements herea(ter made as a result o( or in lieu of ~ny taki~ig of the ~
prcinises or any part there~F under the powcr of emiucnt domain, or for any damage (whether c~uscd by SUfFI I1I~IOG A! OIIICM'ISC~ t
ro the premiscs or thc impro~•ements thercon or any part thcreof; such part of any such judgment, aw~rd or settlcmcnt, as thc
,tortgaGee may elect to b~ applied to the inclebtedneu herebp secured and the balance the~cof, if any, to Ue resen•ed to the ~
party or parties otherwise cntitlcd thereto. _ °
TO }I,1VE A\D TO IIOI.D the abo~~e granted and described premises to the said rlortgagee, its successors and assigns, ~
- fore~•er, ancl the said :1lortgagor does hereby fully warrant the title to said land, and ~vill de[end the s~me :?~:inst tLe la~.•ful
elaims of all persans ~vhomsoe~~cr; pro~•ided alwa~s that if ~tortgagor shall pay to Afortgagee that certain promissory note abo~•e ~ :
described and shall per(orm all othe~ co~•enants and conditions ot said promissory nate, ~nd of any renewal, extension or modi-
(ication therrof, and of this mortgage, then this mortgag~ and the estate hereby created shall cease :+nd be null and ~•oid.
I~fortgagor furthcr co~•enants and agrees with -\ie~tgagee as [oUo~vs: i
_ 1. To pay all sums including interest secured hereby when due, as pro~~ided for in said prom~ssory note and any renewal,
cxtcnsion or inodifi~ation thcreof and in thii ~nortgage, all such sums to be payable in lawfut ~nc.ncy of tiie United St:?tes of
:~merica at :~iortgagee's aforesaicl principal office, or at such other pl:?ce as :1lartgagee may designate in writing.
2. To p:?y ~.•hcn due, and ~vithout requiring an~~ notice from -.\fortgagee, all taxes, assessn?cnts of any type or naturc
and other charges le~~ied or assessed against the premises hereby enciunbercd or ai~y interest of ~lortgage therein. 'fo immediately
pay and discharge any claitn, lien or encumbrance agairist sueh prcmises which may be or becomc superior to this mortgage and
to pennit no default or delinquency on any other lien, encumbrance or charge agtinst such premises.
3. If required by ~iorteagee, to alzo inake monthly dcj~osits ~vith ~iorigagee, in a non-i~titerest bearing acc~unt, together
° with and in addition to interest and principal, of t s!~m equal to one-hvelfth o( the yearly taxes and assessments which m~y be '
le~~ied against tha premisee, and (i[ so required) onr-twelfth of the ycarl}• premiunu for insurance thereon. The a~iiount of such ~
taxcs, assessments and premiums, when unknown, shall be estimated by ~lortgagec. Such deposits shall be used by ~iortgagce ~r
to pay such taxes, assessments and premiums K•hen clue. Any insufficiency of such account to pay such charges «•hen due sh:+ll
~e paid Uy l~fortgagor to Aiortgaeee an demand. t(, by reason of an>~ default bp I?iortg~gor under an~• pro~•ision of this mort-
gage, \tortga~ee decl5res all sums secured hereby to be due and payable, \iortgagee may then apply an~• [imds in said accoimt
against ihe entire indebtedness secured hereby. 'Ihe enforceability of the co~•enants rclating tu taxes, assessments and insurance ' i
premiums herein othen+•ise pro~•ided shall not be affected exeept in so iar ~s ihose obligations h:+~•e been met 6p compliance with {
. this paragtaph. ~iortgagee rnap irom time to time at its option ~,ai~•e, and after any such ~ti•ait-er reinstate, any ur all provisions ,
hereof requiring such deposits, by notice to ~tortgagor in ~rriting. \1'hile any such wai~•er is in effect wiortgagor ,chall pay taxes.
assessment3 anc; insurance premiums as herein else~vherc pro~•idcd. ~
-1. To pa~• all taxes, stamp tax or othcr charge ~vhich may be assessed upon this murtgage, or said note, or i~dcbtedness f
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secured hereby, ~cithout re~ard to any _law, Federal or State, heretofore or herealter enacted, i?nposing pa}•ment of all or any {
part thereof upon ~fortGigee_ Tn e~•er.t of enactment of any liw imposing payment of all or any portion of any such taxes upon ~
\fortgagee, or the rendering by any court of last resort o! a decision that the undertaking by ~iortgagor, as herein pro~•ided, to ~
~ pay such tax or taxes is legally inoperati~•e, then, unless ~iortgagor ne~•ertheless pa~•s such taxes, all sums hereby secured, withaut _
any deduction, shall at the option of ~iortgagee become immediately due and pa}~able, notwithstandirt3 anything contained herein ?
or any law heretofore or hereafter cnacted. ;
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~ S. To keep the premises ~~s~~rcd against loss or damaee by [ire, ~vindstorm or extended co~•erage and such other hazards ac i
may be required by ~Torigaeee, in form and amounts satisfacto:y to, and in insurance companies appro~•ed by ~iortgagee, and with ;
acceptlUle mortgagee loss payable clauses attached. 5uch policies, together with such abstracts and other title ecidence as may - f+
be icyuired hp Afortgagee, sha11 be deli~•ered to and helci by \fortgagee without liability. Upon loreclosure of this mortgage or ~
other acquisition of tl~e premises or any part thereof by ~1~ortgagee, said policies, abstracts and title eeidence shall become the -
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• absolute property of ltortgagee. " ~
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fi. To first ebtain the trritten consent of riortgagee, such consent to be granted or withheld at the sole discretion of such
\fortgaece, before (a) remocing or de~r,oliching any biiilding now or hereafter erected on the pretnises, (b) altering the arran¢c- ~
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ment, desicn or structural chancter thereof, (c) making any repairs which in~•ol~•e the remo~~al of structural parts or the ~
exposure of the interior o( such biiilding to the elements, or (d) except for domestic purposzs, cutting or remo~•i7g ~r permitting
the .utting and remo~•al of any trees or timber on the premises. ~ ~
7_ To maintain premises in good condition and repair, e:cluding but not limited to the making af stech repairs as ~fortgagee ~
map from time to time determine to b~: necess~ry for the preser~~atian of :he premises and to not cornmit nor permit any ~vaste thereof. ~
8. To comply ~sith all la~~-s, ordinances, regulations, co~•enants, conditions and restrictions aifecting the premises, snd not ~
, to suffer o: permit any ~•iolation thereof. _ - $
9. If Ilfortgagor Fails to pay any claim, lien or encumbrance which is superior to this n~ortgage, or, when du~, any tax or ~
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'C assessment or insurance premium, or to .keep the premises in repai~, or shall cortunit or permit «•aste, or if there be commenccd _
~ny action or proceedir.g af[ecting the premises or the title. thereto, then hiortgagee, at its option, may p~y said daim, Iien, enaim-
k brance, tax, assessment or premium, with right of subrogation thereunder, may make such repairs and tal-e such steps as it deems
ad~•isable to pre~•ent or cure such waste, and may appear in any such action or proceedir~g and retain counsel therein, and take
k such action therein as ~iortgagee deems ad~•isable, and for any oE said purposes ~iortgagee may advance such sunu of money, ~
~ including all costs. fees and other items of expense as it deems necessary. I?forigagee shall be the sole judge of the ltgality,
I t•alidity and prioiity of any such claim; lien, encumbrance, tax, assessment and premium,_and of the amount necessary to be naid ~
~ - in satishction thereof. 2fortgagee shali not be held accountable for any delay in making any such payniet~t, which delay may . ~
result in any additional interest, cost, charges or expense otherwise.
I~; 10. \fortga~or will pay to 1lfortgagee, immediately and without demand, all sums of money ad~~anced by ~fortgagce pursu- - #
ant to this mortgage, to¢ether with interest on each such ad~•an~ement at the rate of ten per cent_ (10~,`~i ) per annum, and aU ~
~ - such sums and intetest thereon shall be secured hereby. ~
- - 11. .1ll sums of money sccured hereby shall be payable without any relie( whate~•er from any valuation or appraisement law-s. ~
l2_ If default be ~made in payment of any instalment of principal or interest of said note or any part thcreof when due, or ~
- in paymrnt, when due of any other sum secured hereby, or in performance of any of Mortgagor's obligations, co~•enants or t
~ agrecments hereunder, all of the indebtedness secured hereby shall become and be immediately due and payable at the option of
~tortgagee, .vithout notice or demand which are hereby expressly waiced, in a•hich e~-ent ~forigagee may a~~ai) itself of al) rights
and remcdics, at law or in equity, and this mortgage may be (orecloscd with all rights and reinedies afforded by thc laws ef
Florida and riortgagor shal{ pay afl costs, chazges and eapenses thereof, inclading a reasonable attorney's fee. ~
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