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HomeMy WebLinkAbout0401 3. l~o place and continuously keep en ti:e bui?d~ngs now or hereafter ~ituate on sald land and on all equipmero and personalty covered by this mortg- aga, wi!h el! pramiunri ihereon pa~d in full, fire insurance in Ihe uiual star.dard policy torm, in a fum approved by Ihe hIORiGAGfE, and windsto+m _ • .c etis e!a~da~~ nnCry form. in a svm aFproved by the h10RTvAGEE, in such comparry or comptnies a~ thr h10RTGAGfE msy . - . . - - _ _ . . . _ dirzcl; and a11 fire and w]nd:torm ins~rance polic+ea on any o1 sa~d bu~lqinys, any iniaresi ii~e~e~~~ c~ N-.c -!^~e~a~a c+~ - - 1~ excess ihereof, shail conlain the usual standard mortgac~ee clause or such oth.r clausa as the hlortgage~ may reqv~re, making the~(oss vnder ~aid poti- cie~, each and every, payab~e to said h10RTGAGEE as Us interest may appCar, and each and every such policy shail be promptly ass.gned and delivered to eny held by said h10RiGAGiE as further securiiy to said mortgage debt, ~nd, not tess than ten (10) days in advance of Ihe expiration of each po~~ty, to de• liver to xaid h10RTGAGEE a renewal t{iereof, logelher ~vith a reteipt for thz prernium of such renewal; and Ihere shail ba no fire ur ~vindstorm insurance plated on any of sa~d buii~ings, any interest therein or part thereof, unless in the form'and with iha ~osa payabte as atoresaid; and in the e~~ent any sum of money becomes payable under suth policy or poGcies said MORTGAGEE shsil have the option to receive and apply Ihe same on account ot the inda6ted• ness setured hereby or to permit said h10RTGAGt7RS to receive and use it or any parl the:eof for onc~r purposes, wilhout th=reb~ LYdlVUI.~ or impair• Ing any equity, lien or ~7gh1 under or by virlua of this mo~t9age; and in the event sr~d h10RTGAGORS sh311 for any reason fail to keep the said premises so insured, or fail to deliver promptly any of said policies Of insurance to said A10RTGAGEE, or fail prompt!y to pay fully any premium therefor or in any respect lail to per(orm, diicharge, execute, effect, compteta, comply wit~ and abide by tl~is tovenanl, or any parl hrreof, said MORTGAGEE may plate antl pay for suth insvrance or any part thereof without watving or affecting any option, lien, equity, or right undrr or by virtue of this hlortgage, and the full amount of each and evary such payment shall be immediately due and payable and shall bear interest from tha date lhereof until pa+d at the rate el nine per centum per annum and togzther wirh such enterest shall be secured by the lien of th~s mortgage. 4. To perm+t, commif cx suf?er no waste, impairment or deterioration of said properiy or any part thereof. S. To pay all and singular the.costs, charyes and expenses, including a reasonaoie aiiurney's f.:r a~~~ at a~.!:s:r. ~f !~t!e, inturrec~ nr ?aid al any time by said h10RTGAGfE, because or in the event of the faifure on the part of the said MORTGAGOR to du(y, promptly and fully perform, discharge, execute, effect, complete, <ompty with and ab;de by eacn and eve+y the .tipulalions, agreements, conditions, and tovenants of sai:i oromissory note and this mortgage any ot either, a~d said custs, chargts and expenaes, each an~i every, shaii pe immediatziy d~c s~~~ payab':e; ~F°!!:e~ ,s n_! !he•e ~t+ nnHCe de~ mand, attzmpt to tO~lec~ or suit panding; and the {ul1 amount of each and every such payment shall bear interesl from the drte ihereof until paid al the rate of nine per centum ptr an~ium; and all said costs, tFarges and expenses incurred or paid, togelher with such iroerest, shall be secured by the lien oi this mortgage. 6. Thaf (a) in the eveil of an 6reach of this Mort a e or defauit on in_ art oi 1ne Y vRTv:+G~R, or ' . ! Y 9 9 ° P ~w tF~ ~~~nt a~; e sa~a s~~ms c+f money herein referred to be no' promptty and fulty paid wilhin thirty (30J days next after the same severally betome due and payable, wilhoul dema~d or nolice, or ~c) in the eve~t each and every the s?ipulations, agreemeros, condltions and tovenants ot sa:d promissory note and this morlgage any or eilher are not iuly, promptly and fully performed, d~scharged, exec~~ted, effected, completed, complied ~vith and abided ~iy, then in either or any a~ch evenl the said ag~ gregate sum menrioned in sa~d promisso~y nofe then remainirg unpaid, with interesl atcrued, and all moneys secured hereby, shall betome due and pay abte fortl~wilh, or thereafter, at the option o( said htORTGAGEE, as fully and completely as i1 atl of the said sums of money were original(y stipulated to be paid on such day, anyihing in said promissory note or in this Morfgage to the contrary nolw;thsta~ding; and thereupon or thereafter at the op~ion of said MORTGAGEE, vrithout no~ite or demand, suit at law or in equity, theretore or therea(ter 6egun, may be prosetuted as if all moneys secured hereby had matured pnor to its institution. 7. Tt~at in the event that at the beginning oi or at any time pending a~y su~t upon this Mortgage, or to forectose it, or to reform it, cr to enForce paymenr of any claims hereunder, said ~AORTGAGEE shall apply to the Cour~ having jurisd:ction thereof (or ~he appo~mmeM of a Receiver, wch Court shall fortFiwith appoint a receiver of said mortgaged property all and singular, includ~ng a11 and s~ngular the income, pro{its, issues and revenues from what~ver source derived, each and every of which, h being exp~essty understood, is hereby morrgaged as if specifically set fo~th and described in the granting and habendum clauses hereof, and such Recerver shall have all the broad and effECtiae funcnons and pov+ers in any~vise entrusted by a Lour1 9o a t'teceiver, ai~J such appointment shaH be made by such Court as an ad~nilled equity and a matter of absolute right to said h10RTGAGEE, and without referente to fhe adequacy or inadequacy oF ~he value of the property mortgaged or Io the so:vency or insolvency of sa~d h10RiGAGOR or th? defendants, and that such rents, profita, income, issues and revenues shall be applied by such Receiver acco.d~ng to the lie~ or equiry of said MORTGAGEE and the praUice of such Court. • 8. To duly, promptly and fully ~ erfcrm, discharge, execute, effect, compiete, cort~ply ~vith and abide by each and every !he sfipulations, agreements, conditions and covenants in said promissory note and this mortgage set forth. 9. That in the event the ownership of the mortgaged premises, or any part thereof, becomes vesred in a person other than the MORTGAGOR, ihe h50RTGAGEE, its successors and assigns, may, without natice to tne ~10RTGAOR, deal with such suctessor or successor in interest ~vifh reFerence to this mortgage and the debt hereby sec~red in !he same manner as wifh hlcrtgagor w~thoul in any way vitiating or d~scharging the hlortgagors' liability here- under or upon the debt hereby secured. No sale of tlie premises hcreby mortgaged and no forbearance cn 1he part of the ~50RTGAGEE or i!s successors or assigns and no extension of the time for the payment of the c?ebt h~~eby secured 9iven by the MORTGAGEE or its suctessors or assi9ns, ahall operate to release, d;scharge, modify change or affec? the original liabil~ty of the MURTGAGOR herein, either in ~vhale or in part. 10. It is specifically agreed that time is of the essence of this contract and that no waiver of any obli~ation hereunder or of the obligation se- c~red hereby snall at any time thereafter be held to be a waiver oF the terms hereof or of the instrument securzd herby, 11. !n addition to the forego:ng monthly payrnents of princ'p~f and interest required by the prom;ssery nore secured hereby, mortgagor covenants and agrees to pay to mortg3~ee with each momhly payrnent an add~~ional wm esti~~~ated by mortgagee to be equal to 1% 12 of the annua! cost of the follow- i~g: A-All real property taxes le~:~ed or assessed against the above desvibcd real es~ate. ' 8-Premiums on fire and windstorm insurance as herein requ~red to be carried on the improveme~ts sitvate on the above descri'ved premises. C-Premiums on such martgage gvaranty insurar~ce as mortgagee shall from t~me to tiine deem fit to tarry on the loan secured hereby. ' P1lortgagee shafl from time to time notify mortgagor i~ v+~it~ng of the amou~t due and payable hereundzr and such sum shall thereupon be due and payable on the due date of the next monthly payment and each successive month thereafter ur,til mortgagee sha!1 notify mortgagor of a change in wch amount. Such sums sFaN be aoplied 6y mortgagee toward the paymen! of ieal property taxes, insura~ce prem;ums, and mort~age guaranty insurance premiums. IN Vd1TNESS ~NHEREOF. the said F+10RTGAGOR has he~e~nto set his hand and seal the day and ~rear first aforesaid.~l ;~igned,,~iealed and de ivered in the presence of: ~ , , 'v ! i'Yi~ ~ ~rs~J - ~ (Seal) ~ /i~ ~i ~-,.J (Seal) - (Seal) (Sealj : STATE OF FIORIDA ' COUNTY OF ' S t. LL? C ~ e ~ Before me personally aQpeared ^ L@~~1~8 F,''. DUT'Y78IT1 and J~1 i P.t~ B Durham his wife, to me well knowP and~kriowq'to~'me to be the individvals d>scri6ed in and who executed the foregoing instr~ment, and ack.nowtedged before me that Ihey exetilled-}the'same~~f4e,the-isvrposes iherein expressed. And the said Ju 1 i e t t e B, Durham - wife of the said Lewis Durham upon a~eparat8 a0d pr~vafQ examination by me taken separate and apart from her said husband, acknowledged to and before me that ahe executed aai~ insfrument freel~ and vpJvn- s larily and without any compulsion, constraint, apprzhens:on, or ~ear of or from her said husband. ~ - • WITNESS my hand and oFficial seal this~_~ day of Januar A: 4.~#~ '~~~i { . .r ~ 2?I a~,;:. ,,,c.'~ ;r ~ ~ t~.~ Norary Public in ehd fo: the Srate`o~~~orida ayt,} ~~l~ My Commission expire~Ota ~ y 1 Retum To: ~Y P1?5Ilt, Stl~2 ~1 rlDil~ Dt ~i~gE first Federal Savings ~ loan Associat~cn ' L1y Crmmission Expires Sept. 23, 19b9 Of for~ Aierce. ionded Gy A~~rian /in i C~su~hy Co. '~`Forf'~ierce, F~o~:d~ FILED AND RECORDE~ ~ ~ ; . ~ - ~ci f-~R~~a~d_~ o o K ~ . - ~ , _ ~L-d c~ ~ C~ ~ : i~~~ J?if~ ~I P~~1 3: f 5 , ~ . _1_~i ~'E~~~ ~ ~~.}~r „ ~ . r:•`~.~ l;~_i;i: , ; .~i: , sT. Li3Cic= GOJ~J i`(. ~ ' • FLQ~f2~~ ~ . ~o~x ~135 ~ 401 ~ _ - ~ . ~ - . - . - - .