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HomeMy WebLinkAbout0307 i ~~i~.~: u::i~~ Y""^.ij.il~ i~ll~ Y`.f~~n.~ ~ icn~.e.-<.n~ avt+ni~fn affpnt~ nnrnnlatn t~n~t~n~v \Vif.~l flllf~ Ahl(~0 VV F:BCtI - _ _ ~ ' - and e~•ery 'the stiputation~, agreements, conditions and co~~enants of~ said promis~ory note and of thia mortgage, then this mortgage and the estate hereby created shali cease and be null and ~•oid. And the Dioi•tgflgor co~~ennnts and agrees to and ~vith the biortg~gee ns follo~~•s: 1. To pay t.he principal And interest and the ~•arious nnd sundry sums of mone~~ payable Uy ~~irtue of snid promis- sory note and this mortgnge promptly on the days the s~me become due unci Dlortgagor ~~•ill promptly perfor~n Allt~ comply H•ith each ~nd e~•ery other co~~enant and nb~reement in said promis.~uiy note And mortgage. 2. To pay the taxe~, assessments, le~•ies, liabilities, obligations and incumbr~nces of e~•ery nature and kiiid no~~~ on sttid described progerty, or that hereafter may be imposed, suifered, plnced, le~•ied or assessed thercon, or that hereflfter mny be levied or nssessed upon this mortguge or the indebtedness secured hereby, «•hen due and paysble nc- cording to la~+•, before they become delinquent, ar.d beiore any interest nttaches or any penAlty is incurred, and insofar tu nny thereof is of record the same shall be pt~omptly satisfied and discharged of record and the original official document e~•ideneing such satisfaction And dischArge shall be placed in the hnnds of said 1liortgagee ~cithin ten dA~~s next nfter payment. The covenants su~i agreements in this parngrnph shall not be applicable to the taKes and assessments ~~•hich are to be paid out of the funds deposited ~ti•ith the 111ortgagee unless hereinafter set forth. As to t~xes levied o?• tzssesseci upon this mortgage or the indebtedness secured herebp, the hiortgagor shall be required to pay only s~ miich of such taxes for the Diortgagee n~hich, ~~hen udded to the other pttyments of interest required hereunder or b~ the I\rote it secures, ~cill not exceed the mzximum IegAl rate of interest then in effect in the Stnte of Florida. 3. To keep the improvements now existing or hernafter erected on the mortgaged property insured against loss by~ fire ~nd other hazards, cusualties and contingencies, including «~ar dnmage ~vhenever required by the illortgagee, in such amounts and for such periods as may be required by 1lfortgagee. All insurnnce shall be carried in companies appro~•ed by 1liortgagee and the policies and renewals thereof sholl be hel:l by Iliortgagee und ha~•e attached thereto st,~ndard mortgagee dauses in favor of and in form acceptable to the 1liortbagee. In e~'e~~t of loss Mortgagor will gi~•e immediate notice by mAil to Tiortgagee, and 1liortgagee mav n»ke proof of loss if not made promptly by I?iortgagor, and each insurance company concerned is hereb}• authorized and directed to make payment for such los3 <lirecti} to 1liortgagee instead of to 11'Iortgagor And 11Sortgagee jointly~ and the insurance proceeds, or any part there- of, may be applied by ;4iortgagee at its option either to the reduction of the indebtedness hereby ~ecured or to the restoration or repuir of the property damaged. In event of foreclosure of this mortgage or other transfer of title to the mortgaged property in extinguishment of the inJebtedness secured hereby, all right, title and interest of the I1Iort- ~ gagor in and to any insurance policies then in force shali pass to the purchaser or grantee. 4. To permit, commit, or suffer no ~easte, impairn~ent or deterioration of s~id property or any part thereof. In ~ the event of the failure of the Diortgagor to keep the buildings on said premise~ and those to be erected on said premises, or improvements thereon, in good repair, the Mortg~agee may make such repairs as in his discretiun he may deem necessary for the pr~per presen~ation thereof und the full amount of each t?nd e~'ery such payment shall be immedi- ately due and payable, and shall be secured by the lien of this inortgage. 5. To pay all and singular the costs, charges and expenses, including reasonable attorney's fees, cost of abstracts of title and title searches incurred or paid at any time by the Aiortgugee because of the failure on the part of t;~e Tiort- gagor promptly and fuily to perform the agreements and co~•enants of said note and this mortgage, and said costs, charges and expenses shall be immediately due And payable and shall be secured by the lien of this mortgage, and such ;i . expenditures shall dra~~ interest at the rate of eight per centum per annum. , : 6. That (a) in the event of any breach of this mortgage or default on the part of the biortgagor, or (b) in ~ the event the said sums of money herein referred to be not promptly and fully paid ~vithout demand or notice, or (c) in the e~•ent the stipult?tions, agreements, conditions and covenants of said note and this mortgage are not duly, promptly, and fully performed, then in either or any such event,. the said aggregate sum mentioned in said note then remaining unpaid, w~ith interest accrued to that time, and all moneys secured hereby, shall become due and payable forth~vith, ' or thereafter, at the option of said ~iortgagee, as fully and completely as if all of the said surns of money ~rere t ~ originally stipulated to be paid on such day, anything in said note or in this mortgage to the contmry not~sithstanding; - and thereupon or thereafter, at the option of said Diortgagee, without notice or demand, suit at law~ or in equity may ' De prosecuied a~ ii aii moneys secureu nereuy iiau 1~idi,il'rea privi to i~s Ii~Sii~ii~iGii. ~ 7. The ~1orEgagee may, at anytime ~ehile a suit is pending to foreclose or to reforni this mortgage, or to enforce any claims arising hereunder, apply to the court ha~•ing jurisdiction thereof for the appointment of a receiver, and , such court shall forthH•ith appoint a recei~•er of the premises and all other property covered hereby, including all and singular the income, profits, rents, issues and revenues from whatever source derired, and &uch receiver shall have all the broad and effective functions and poaers in anywise entrusted by a court to a r~ecei~~er, and suc~-. appointment shall i be made by such court as an admitted equity and a matter of absolute right to said Mortgagee, and ~vithout reference i to the adequacy or inadequacy of the value of the property mortgaged or to the sol~ency or insolvency of said Mortga- ~ gor or the defendants, and such income, profits, rents, issues and revenues shall be applied by such recei~ er according ~ to the lien of this mortgage and the practice of such court. ~ 8. The 1Viortgagbr «~ill gi~e immediate notice by mail to the biortgagee of any conveyance, transfer or change t of ownership of the premises or any property covered hereby. , i - ~ 9. If the blortgagor defaults in any of the co~enants or agreement~ contained herein or in said note, then the ~ Mortgagee may perform the same, and all such expenditures made by the biortgagee, including a reasonable attorney's y fee, in so doing shall dra~v interest at the rate of eight per ~entum per annum and shall be repayable immediately ~ and «ithout demand, nnd all such expenditures shall be secured by the lien of this mortgage. ~ 10. That no waiver of any covenant herein or of ths obligation secured hereby shall at any time thereafter be heid to be a~vaiver of the terms hereof or. of the note secured hereby. • 11. That the mailing of a~critten notice or demand addressed to the owner of record of the mortgaged premises, or directed to the said owner at the last address actually furnished to the Diortgagee, or directed to said owner at said mortgaged premises, and mailed by the United States mails, shall be sufficient not'sce and demand in any case arising under this instrument and required by the provisions hereof or by la~v. - 12. That in order more fully to protect the security of this mortgAge, the ~iortgagor, together with and in addi- tion to the monthly payments under the tern~s oi the note secured hereby, on the first day of each month and until said note is fully paid, shall pay to the biortgagee, an installment of the taxes and assessments next to become due against , the mortgaged premises, and an installment of premiums next to become due on insurance policies required by the biort- gagee. Such installments shall be equal respectively to such taxes and Assessments and insurance premiun;s, s11_ as esti- mated by the Mortgagee, less all sums already paid thereon, di~ided by the number of months that are to elapse before one month prior to the date when such taxes and xssessments and insurance premiums R~ill become due. Said install- ~ Bocx ~2 ~ soox -