HomeMy WebLinkAbout1101 TOGETEIFa WITII sll and singuler tho ta»amonts, homclitamc~nt~ and eppurtenanc~ th~rounto bolonging or in any-
wis~ ihc~rc~unto appertaining and thc~ ronts, i:~,utv~ and pro8ls lhoreof, and also all ihe asta!o, right, titlc~, intarc~t and all elaim
and demand wl,elsoover, as wull in lnw~ t?s in equity, of riortgaf;or in and fo iho samo, inoluding but not limit«i to:
(a) Ail rents, profit~v, iAYfltlllEl.4, roynltic~s, rights end beae$ts dorivoci tri~m (1) orops gmwn o:i said neourity and produce
ot the xoil otherwiso (2) oil, ~av or minoral leasas of iho premises or any part thereot, now• oxisting or heroafier made, with the
right to rcw~ivo and roooipt thercjfor and apply Uio ssme io thc? indabtexlnoss seour«i horoby oithor boturo or after a:',-; default
horoundor, snd Iliortgagoo may domand, aue fur and re~wver any suoh paymonta but shall not bc~ requirai so to do, and (3) all
othe~ rnnts, issues and profita ot the promisc~s from time to time acorwng, wheiher under loas~s or tenanciag now existing or
}ioreafter created, raserving to ~torl~*a~ur, howover, sso long as 111ortgxgor is nol in defsult• heraunder, ~}IU Ilg~l~ LO I0061Ye and
retain the ~~nts, ?ssues and pmfita in elausc~ (1) and (3) horoin.
(b) All judgmcnts, awarcis of dainsgc~s and settlemonts horoatter mnde rosulting from condomnatian proc~odings or tho
taking of the pmmisc~ or any psrG therea[ undc~r the powor of eminont domain, or for any damago (whether eausexl by suoh
taking or othonviso) to the premiscig or the i~nprovonients thereon or any parL thcroot, or ta any rights appurtanant thereto,
inoluding any award fur ohange of grade of atreets. Diortga~ee is horeby authorized, on bohalf and in ihe namo of hiort~agor,
tu a~ocute and deliver valid acquittanac~s for, and to appc~! trom, any suoh judRmonts or awarcls. riartgagee mt?y apply all
sueh sums or nny part theroof so reeoivod, s[ter the payment of ell of its e.rpensc~, inoluding eosls and attornoys' tec~, on che
indobtaclness seeureci horoby in suah manner as it eloots, or, at its option, tho ontire amount or any pat6 lhoreof so reeeived
may bo releascxl.
TO fIAVE AND TO AOLD lho above granted and de.soril~ed premiscr; to biortgagee, its auccessorx and assigns, forover,
and rlortgagor do~ heroby full warran6 tho title to said land, and w•ill defond the sams againat tho lawful olaims of all persons
whomsaever; provided alweys t~at if Mortgagor Fhall pay to 111ortga{~ec~ that certain promissary nota abova do.~;eribed and shall
pc33rf"orm all other covenants and conditions of said promis.sory noto, and of any ronowal, oxtension or modi6cation thoreof,
and of this mortgage, then ihis mortgago and tho c~state hemby oroated shsll ceasa and bo null and void.
Aiortgagor turther covonants and agre~ with 1liortgagee as tollows:
1. To pay sll suins inoluding intorc~st soourcxi hereby when due, as provideci for in s:?id promissory note and an • renewal,
PYtentiion ~r modi8oation thereo[ and in this morteaee, all such sums to be pavable in law[ul monoy of the Unit~Siates of _
America a~ hfort~a~c~o's t?forc~s~?id prinaipal ofllec~, or at suoh other placo as riortgagee.may dosigna~e in writin~.
2. `I'o pay w•hc?i ~lu~+, and ~vithout requiring any notic~ fru~u 111ort{;agcb, all taxes, ass~ssiuo~its of any typo or naturo an~l
otl?er eliar~;~~s Ie~•icvl or n~.tiea5c~cl xgain,t tlie preinises hernby etieumbered and prcxluea reeeipts therefor upon demand. '1'0
im?nedintely pa~~ and ili;clia?g~ an~~ claim, lien or encumbrancE~ against, such premises H•t~ich inay be ur becume superior to
ihis mortgage and to permit no default or delinqueney o» an~• other lien, oncuiubranc~ or charge against sueh pr~mise~,
~ 3. If rcjquiroci by Mortgagee, to also make monthly deposits w•ith l~torfqagee, in a non-intarest hearing aecount, togelher
with and in addition to interast and prineipal, of a sumeq ual to one-Lwelfth of the yearly taKes and assessments whioh u~ay
bcj leviecl against tho premises, and (if so requirecl) one-twelfth of the yoarly premiums for msuranee thoroon. The amount of
such taxes, assc~ssments and premiums, whon unknown, shatl bo estimated b D~ortgagee. Such deposits shall be used by Iliort-
ss
gagec+ to pay suoh ta~cc~s, assessments and premiums whon due. Any insu ieieney of sueh aoeount to pay suali oharges w~hen
duo shall bo paid by Diortgagor to Mortgagee on demand. It, by rsason of any default by Morigagor under any provision uf
this mortgage, 1lfottgageo deolares ull sums sc~oureci hereby to be due and payable, l~iortgs{;eo may then apply any funds in
said account against the ontire indebtodness secured hereby. Tho enforceaUility of iha covenants relatin~ to taxes, assessments
anci insuranee promiums herein otherw•ise provideci shall not be aPfoetocl exeept ~n so far as those obligations hsve been mot by
complianca with this paragraph. Mortgagee may from tirno to time at its option waivQ, anci after any auch weiver roinstato,
anv or all provisions hereof requiring such deposits, by noticc~ to Mortgsgor in writing. ~Vhile any sueh waiver is in effect
hiortgagor shall pay taxes, asse~ssments and insurance pramiums as horom olsewhere provided.
4. To pmmptly pay all tases and assessments aL~~ssecl or levied under and b3• virtue of any state, federal, or municipal
laH- or regulation heretifter passecl, against D1ort{,*agec~ upon this mortgago or tho debt herobv securc~l, or tt~wn its interest
und~~r this mortgage, pro~•ide<l hoH~over, that the total amouut so psid for any SUC~I t9XC5 pUCSll&Ilf fU this para~raph together
«•ith tl~e interest pa~•ablo on ~xid indebteclneas shall not execrd the highcrit law•ful rata uf interest in Florida and pro~•ideci
f?~rther that in the o~~eut of thc+ pa~.~e of an5 sueh law or rc~;ulatiun, tho entirc~ indebteclne;s seeureci by this ~nortgage shall
t}icreupun bc~come immediately~ diie and payabl~ at tho option of ~tort~ax~ee.
5. To keep the premist~ inaureds~;sinst loss or damage by 8ro, windstorm and such other hazards as may be req uired by
blortgngee, in form and amounts satisfaotory to, and in insuranca cotripanies approveci by b4ortgagee, the policies for w hich
insurance shall be payeble to Mortga~e . Suah polieic~, and abstraots and other title ovidenec~, shall be deliver«i to and held
by Diortgagee. Upon forcjcl~sure of this mdrtgage or other sequisition of the pre~uises or any patt thereot by D'Iortgagee, said
policic~s, abstraots and title evideace shall become the absolute properly of Mortgagee.
6. To first obtain the written consent of DSortgegoe, suah consent to be granted or withheld at the solo discretion of such
biortgagoe, beforo (a) remo~zng or demolishing any building noa or hereafter erectecl on the premises, (b) altoring thQ arrange-
ment, design or stru~tural ah~raeter thereof, (e) making any repairs vehich inv~lve the rer~oval of struatural parts or the exposure
of the interior of such building to the elements, or (d) eacept for domestie purposos, outting or removing or permitt~ng tho
cutting and removal of any tree~s or timber on the premises.
7. To maintain premises in good condition and repair, ineluding but not limited to the making of suoh repairs as Diortgagee
may from timo to time determine to be necessary [ur the preservation of the premises and to not commit nor permit any waste
thereof.
8. To compl~ with all laws, ordinanc~, regulations, covanants, conditions and re~triations aPteating the premises, and not
to suffer or permit any violation thereof.
9. If DSortgagor fails to pay t?ny olaim, lien or encumbrance whieh is superior to this mortgage, or, when due, any tax or
ass~vssment or insurance premium, or to keep the premises in repair, or shall commit or permit waste, or i[ there be commenced
any action or proc~ding a$ecting tne preinises nr the title thoteto, ~ncluding, but not limited to, eminent dom.un and bankrvptcy
or reorganization proceedings, then Riortgagee, at its option, msy pay said cleim, lien, encumbrance, tax, assessment or premium,
a~ith nght of subrogation thereunder, may make such repaus and take such steps as it doems acivisable to prevent or cure such
wt?ste, and may appear in any such actio~i or proceeding and retain counsel therein, snd take sonh action therein as Mortgagee
deems advisable, and for any ot said purposes D4ortgagee may advance such sums of mone3, 1~idinp all costs, reasonable
attorney's fees and other items of ezgense as ~t deems naoessary. biortga~ee shall be the sole ju~ of th -fegality, validity and
priority of any such claim, lien, encumbrance, tax, assessment and premium, and of the amount .~ecessary to be paid in satis-
faction thereof. Diortgagee shall not be held e~ecounkable for any delay in making any such payment, which delay may result in
any additional interest., costs, chargc~ or expanse otherwise.
10. liortgsgor will pay to biortgagee, immediately and a•ithout demand, all sums of money advanced by Mortgsgee pursuant
to ihis mortgage, including all costs, reasonable attorney's fces and other items of eapense, together Rith inlerest on c~ach sueh
advancement at the rate of ten per cent. (10%) per annum, and all such sums end interc~t thereon shall be secured hereby.
11. All sums of money secured hereby shall be payable a~thout any relief whatever from any valuation or appraisemont laws.
12_ If default be made in payment of any uistallment of principal ~r interest of said note or an~ part thereot wl~en due, or
in payment, when due, of any othar sum secured hereby, or in performance of en~ of Diortgagor s obligations, covenants or
agreements hereunder, all of the indebtedness secured hereby shall beoome and be immediately due and payable at the option
of *Sortgagev, ~ithout noti^~ Qr demRnd which are herehy c~x~r~slX waived, in whieh event Mortgagee may avail itseU of
all rights and remedies, at law or in equity, and t6is mortgage may be foreclosed with all rights and remedies afforded b3~ the
law-s of Florida t?nd Mortgagor shall pay sll costs, charges and expenses thereof, including a ressonable attorney's fee.
13. If default be made in payment, whon due, of any indobtedness secsured hereby, or in performence of any of ~tiortgagor's
obligations, covenants or agreements hereunder:
(a) biortgagee is authorized at any lime, without notice, in its sole discretion to enter upon and take possession of
the premisos or any par4 thereo[, to per[orm any sots Mortgagee deems nocessary or proper to consorve the security and to
colloct and receive all rents, issues and pro8ts thereof, including those past due as well as those accruing thereafter, and
(b) Diortgagee shall be entitled, es a matter of strict righ6 and withoutregard to the value or a~oupancy of the security,
to have a receiver appo~ntcd to enter upon snd take posses.sion of the premises, collect the rents and pro8ts therefrom and apply
1 the same as the court may direct, such receiver to have all the rights and powers permitted under the laws of h'lorids.
~ In eithor suoh case Mortgagee or the receiver may aso take possession of, snd for these purposes use, any and all personal
property contained in the premises and used by Mortgagor in the rental or leasing therHOf or any part thereof. The expense
(including receiver's fees, counsel fees, costs s~d agent's compensation) incurred pursuant to the powers herein oontained shall
Ue secured hereby. Mort~,gee ahall (after payment of al) costg and expenses inc~~rreci) spply such rents, issues and pro8ts
received by it on the indebtedness secured hereby in such ordor as Mortgagee determines. The right to onter and take possession
of said propertS , to manage and operate the same, and to collect the rents, issues and pro8ta thereof, whether by a receiver or
otherwise, shall be cumulative to any other right or remedy hereunder or aBorded by law, and may be exerciseci coneurrently
therewith or indepondently thereof. biortgagea shall be liable to acoount only for such rents, issues and profits sotuaUy raceived
by I~fortgagee.
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