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HomeMy WebLinkAbout0091 ~ ? t ~ ~ 1~ ~ ; TO(i~TDF.B iVITII all and vingulAr tho tenon.~enls, herecfitamonts and appurtc~nRnces thereunta bolonging or in ~n}-- wiso th~~reunto apportaining and thc+ renls, IStiIIE~ &RlI jl[OHt3 ihareot, and also all the ~tato, rifiht, iitla, interest and all otaim nnd demand v~•hatsuaver, ~s ~~•ell in la~s a.s in equity, of ~iortgagor in and tu the sauio, including but not liniitc+cl to: l (a) All rc~nts, proflts: rovonuc~, royaltic~, rights snd bene8ts donv«l from (1) crops groWn on srud soourity and produoe~ ~ O~ ~}tQ SOII O~IlOTH'15~ (Z) OII, gA3 Oi 1111R(?IAI If3A.C0S OE 1I18 F1t01111S@3 pi' atlY part thernof, now oxisting or hereattar mado, with the right to r~oc~ivo and reeeipt tliorefor and apph• lho snmo to thc~ indebtedne~ soeurcxl horeby eilhc~r botoro ur atter any default } horeunder, end \lortga~;eo may demand, suo ~or and reeover any suoh paymonis but shall not be rc+quirctil so to do, and (3) a11 other rents, issucB and pro8ts of tho preniisc~ from timo to tin2e aearu~ng, whotl~c~r undor lea~;es or tenancies now oxisting or hercafter orea;cjd, roserving to \tortge~or, howevor, s~~ long ns ~iorigagor is aot in dc~fault he~ounder, thfl right to rc~ceiv~ and retain tho rnnts, issuos and proflta in olausos (1) and (3) horein. ~ (b) All judgmonla, Awants of dan2ages and settlenients horeafter mado resuhin~ irom oondenination proc~din~ or the taking of the promises or any psrt th~reot under Uie po~sr: of eniinent domain, or for eny damago (whothor o~i~sed b3• such taking or othi~rK~iso) to the promise~s or ihe improvemenky therei,n or any part themof, or to a~~y nghts Rppurtenant thereto, incluciing any award for changro of ~ado of streots. Aiortgageo is hereby authorizocl, on bohalt s3~ti i~ the namo ot Diortgagor, to oxeouto and doliver vatid acquittances tor, and to appeal from, any snoh judgnienls or a~varda. \tortgegcb may apply gll sueh surus or any Fart theraof so reeeiveci, after tho pa~•ment of all of its expc~nses, ineluding eosts and eltornoys' tcx~s, on tho indebtednc~.ss securecl hereby in such maimor as it elects, or, aL ita option, tho ontire a?nount or any part, tl~ereof so rcjceivod may be released. TO HAY~ AND TO HOLD iho al~ove grantecl and deseribecl promises to l~tortgagee, its sueecissor~ and assigns, lorover, end ~iortga~or doas hemby fullv K•arrant tha title to said land, and K•ill defend tho samo against the Iswtul alaims of sll porsons wliomsoover; provided ahsays t6st if l~iortgx~or shall pay to Diortgageo that certain promissory noto abuve dc~ribed and shall perform all other covenants and conditiona of said promissorv nota, and of any renew•al, exlc~nsion or modi6eation thereof, f and of this mortga{r,o, then this mortgttge and tho estato hereby createci shall c~so and be null and void. ~iortgagor further covonants and t~*eeo with biort~agee c~ foll~ws: 1. To pay all sums inoluding interest soourecl harcjby ~~~hen duo, as providecl for in said romissory nota and an ~ renea•e~l, r y axtension or maliftcation thernof and in this mortgage, all suoh sums to be payable in law ul monoy of tha Uniteci States of Anierica at DSortgagec~'s aforesaid principr.l ottice, or e?t such other placo as 3liortgageo.may designate in writing. 2. To pa~~ ~shcn ~lur, and o•ithout requiring ani' notico from \tortgageo, all taxes, assessrnents of au}~ typc~ or nRturc~ and other eLarges levieci or nssc~sect against tl~e pren~ises hereb~• encunibercd nn~l produce receipts thernfur upon domand. To immediatel~~ pay and dischatgo anv claim, lien or encumbrnnca against sucl~ premises ~vhict~ wa~• bc~ ar Lecomo sugerior to tl~is mortgnge and to per~nit no default or delin~~ueney on any other lien, enewnbrnnc~ or chargc~ against such gremisc~. 3. If requircxi by Martgagee, to also make monthly deposits with l~iortgagae, in a non-intorest bearing account, together with end in addition to interest and ~rincipal, of a sum oqual to one-tweitth of the y~early taxes and assessments whioh may .L_ _..a~ .....~e.~, ,.e _i. o r,. si,., mti~ .,,.,,...t ..f _ . ....e ..,.a,..e.,.. o . . si?ch taxes, assessments and premiums, whan unknown, shall b~ estimatecl by~iortgagee_ Suoli deposits shnll ba used by ~1ort- gagee to pay suoh tares, assc~ssmer?ts anci premiums when due. Any insuflioienoy of such aceounl to pay such oharges when due shall bo paid by riortgagor to hiortgagee on demand. 1f, by raason oi any default by blortgagor under any provision of this mortgage, Mortgageo deelar~ all sums seoureci heroby to be due and ~aynble, riortgagee may then apply any funds in said account against the entiro indebtcxlnass secured hereby. The enforceability cf tha co~•enants relatina to taxes, assess~nents and insurancej premiums herain otherwise provided shall not be aPfeet<xl except in so far as those obligations havo been met by complianoe with this paragraph. 1liortgagee may frein time to time nt its option weive, and after any such waiver reinstate, any or all provisions hereof requiring suoh deposits, by notice to hiort~agor in Rriting. While any such waivor is in effeot I!?ortgagor shalt pay taxes, asses.gments and insurance premiucus as usrein elsowhere providod. 4. To promptly pay ali tases and assessments assessecl or le~~ied under a!~d b~• virtue of an5• state, feciernl, or municipal la~~• or regulation hereafter passed, a~inst Riortgagee upun thi3 mortgage or the debt }iereb~• sccurecl, or upon its interest under this mortgage, provideci how•ever, that the total amount so paid for any such taxes pursuant to this paragraph togethet ~yith tl~e intercast pn~•uble on said indobteilness shall not exceecl tha highest la«•fal rale of interctst in I~`loridn and provideci further that in the event of tlie passage of any sueli law or regulatiun, the ontire inciebteclness seeureci bv this mortgage shall theretipon becomo im~nediatei}• due anci pa)•able at tho uption of ~lurtgagee. 5. To keep iho premises insuredag ainst loss or damage by fire, windstorm and such othor hazards as may be required by . 14iortgagee, in form and amounts satisfactor3 to, and in inauranoe companias upproved by~ 1liortgagee the policies for whioh insurance shall be p$yable to Mortgagee. Such policies, and abstraots and other title evidenoa, shail be delivercxi to and held ~ by Tiortgagoe. Upon foreclosure of this mortgage or other acquiaition of the premises or any part thereof by Mortgagea, said i~ policies, abstraots and titlo evidence shall become the absolute property of Diortgages. 6. To ficst obtain the written eonsent of Mortgagee, such eonsent to ~e granted or K-ithheld at the sole disoretion of such - Diortgagcje, before (a) removing or demolishing anp building now or hereatter ercjetocl on the premises, (b) sltering the anang~e- , L~ ment, design or struotural charaot$r thereof, (e) making any repairs which involve the removal oi atruotural parts or the exposure of the interior of suoh building to the elements, or (d) except for domestio purpos~, outting or removing or permitting the autting and removal of any trees or timber on the premisc~v. i 7. 'I'o maintnin premisc~ in good condition and repair, including but not limited to the making of such repairs a~ Mortgagee may from time to time detarmine to be nece.gsary tor the preservation of the prsmises and to not oorsmit nor permit any v~as!e theroaf. f 8. To eomply with all laws, orciinanaes, regulations, covenants, conditir~ns and restricstions a8eoting the premises, and not ` to sutfer or permit any violation thereof. 9. If 1liortgagor fails to pay any elaim, lien or encumbrence which is superior to this mortgage, or, a•hon due, any tax or _ assessment or insurance premium, or to keep the premiRes in repair, or shall commit or permit waste, or d there be commenced ; ~I any action or proceeding atfeoting the premises or ihe title theteto, ineluding but not limited to, eminent domain and bankruptoy I or reorganization proceedings, then I~iortga,gee, at its option, may pay said elaim, lien, encumbrance, tax, assesament or premium, with right oE subrogation thereunder, may make such repaira and tske such steps as it deems advisable to prevent or cure such waste, and may sppear tn an} such action or proceeding and retx~n counael therein, and take suoh action therein as Diartga.gee deems advifiable, and for any of said purposes Mortgagee may advance such sums of money, inoluding all costs, reasonable at•torney's fees and other items of expense as it deema nece.gsary. Mortga~ee ahall t,e the sole judge of the legality, validity and prioriEy of any auch clsim, lien, encumbrance, tax, assessment and premium, and of the amount necassary to be psid in satis- faction thereof. D'Iortgagee shall not be held accountable for any delay in making any ~uch payment, which delay may result in ~ any additional interest, oosts, aharges or expense otherwise. 10. Mortgagor witl pay to 141ortgagee, immediately and without demand, all sunis o[ money advanced by biortgagee purauant to this mortgage, inaiuding ail costs, reasonable atio~ney'a fees and othar ita:as :,f oxF~co~, tcgst!:sr with inter~± ~n narh ~„~h advancement at the rate of ten per cent•. (10%) per annum, and all suoh sums and interest thereon shall be secsured hereby. 11. All sums of money secured hereby shall be payable without any relief whstever from any valuation or appraisement lawe. 12. If default be made in gayment~ of any installmont of principal or interest of said nole or anx part thereof w~en due, or in payment, when due, of any oiher sum socured hereby, or in gerformance of any of biortgagor s obligations, covenants or sgreements hereunder, all of the indebtedness secured heroby shall become and be immediately due and payable at the option ot hiortgagee, wifhout notice or demand whieh are horeby exprc~ly waived, in whieh event Diortgagee may avai! itself of ~ all r:~hts and remedies, at law or in oquity, and this mortgage may be foreclosed with all rights snd remediea agorded by the lav~-s of F(orida and 11'Iortgagor ehall pay ~ll costs, ~harges and e.~rpense~ thereot, including a reasonable sttorneq's fee. ~ 13. If default be made in pay-ment when due, of any indebtedness secured hereby, or in performance of any of biortgagor's obligations, covenanta or agreements ~ereunder: t (s) Mortgagee is authorized at any time, wilhout notice, in its sole diaeretion to enter upon and take possession of the premises or any part thereof, to pertorm any acts :~3ortgagee deems necessary or proper to conserve the seeurity and to oollect and rec~eive ail rents, issues and pro8ts thereof, includmg those past due as well as those accruing thereafter, and (b) Mortgagee shall be entitled, as a matter of striot tight and without regarci to the value or ocoupancy of the seaurity, ` to have a reoeiver appo~nted to enter upon and take posaession of the premises, oollecst tho renta and pro8ts therefrom and apply i- the same as the oourt maq d'ueet, such receiver to heve all the rights and poweis permitted under the laws of Florida. ` In either aueh case 1liortgagee or the receiver may also take poss~sion of, and for those purposes use, any and all personal pmperty contair.ed in the premises and used by Mort~agor in the rental or leasing thereof or any patt thereof. The expense ' (inelud?ng recseiver's fees, eounsel fees, eosts and agent s componsation) inourred pursuant to ~he powers herein contained shall i be acisaured hereby. hiortgagee shall (after pAyment of all c~sta snd expenses incurred) apply such rents, issues and profita ! received by it on the indebtedness seoured hersby in such order as Mortgagee deternunes. Ths nght to entcjr and take possession oi said property, to manage and operata the same, and to aolleo~ the renta, ~ssues and pmfits thereof~ whether by e~ receiver or ; otherwise, shall be cumulative to anp other right or remedy hereunder or agorded by law, and may be exercised conourrently therewith or independently thoreof. hiortgagee ahall be li~ble to aoc~ount oniy for suuh rente, issues i4nd proflta sutually reoeived i by Mortgagee. BooK ~35 9~. ~ - ~ . - - - -