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HomeMy WebLinkAbout1391 ~ ' ~C tht \Iortk~i~;Ck illa~•, ,xt its u}~tiui~, mak~ Such reE~.tir~ a~ it derins neces~ir}~ and etirctuate the rryuirecl insurrin~~e, all at the expense ot the 11ort~agor. :~n~~ amount paid b~• [he \1ort~a~ee on accuunt of such taxes, assessments, insurance premiums, liens, charges or re~lirs, with interest thereon from the daCe of pa~•ment thereof by the ' ~Iortgagee at the rate of 10~i~ per a~inum, shall be a lien upon the property hereb~• mort~;aged and shal! be a debt sccurcd by this mort~a~e, repayable by the ~Iortgagor forth~~~ith upon demaiid. 7. To pay to the ~tortgagee ~~~hen due and pa}~able the antount of all taxes, including State of Florida i~icome taxes, assessments, public dues or charfies levied or to be le~~ied by law• ~~•ithin the St~lIC O~ FIOCIC~1 on this mortgage or on the note or debt or interest secured hereb}~, or on the ~iortgagee b~• reason of the ownersttip of this mart- ~a~;e or the note or debt secureci hereb~•, or on account of interest derived there{rom; but it the amount of such ~axes, assessments, public dues or charges mentioned in Lhis paragra~h, together with interest on the debt securecl hereby, shall exceeci the maximum amount permitt~d by law to be paid for the use of mone~~ in the State oE lorida, then the Atortgagor shall not be required to pay an~• such excess; provided, ~ION~e~•er, that if the aggregate in aii}• one year of such interest and such taxes assessed against the Atortgagee shall exceed such maximum amount permitted by IaH• to be paid for the use af money in Florida, the 1lortgagee ma~~, at its option, declare the entire indebtedness secured hereb}• due and pa}•able upon 60 da~~s' notice. It such option is exerciseci atid notice ~i~•en, then upon the ex~iration of su~h 60 da}~s' notice, the entire indebtedness secureci hereb~~ shali be due and pa~~able, and nonpa~~ment thereof shall constitute a default urider this mor~tgage, entitling the :~Iortgagee to the exercise of all rights arisin~ by reason of the happening of any other event af default hereunder. LJpan the passage by the State of I~ lorida of a~~}• law imposing payment upon the 1lortgagee of the whole or any portiun of any taxes, assessments or other charges assessed aga~nst this mortgage or ttie note or other indebt- edness hereby securecl, or upon the rendering b~~ any court of corr.~etent juriscliction of a decision that an under- taking by the I~tortgagor, as herein provided, to pay any such taxes, assessments or other charges is legall}• in- o4~erative, then anci in any such event the debt hereby secured, without deduction, shall, at the optioa of the ~Iortgagee, become immediatel~• due and payable, not~~•ithstanding an}~thin~ contained in this mortgage or in anti• law• heretofore or hereafter enacted. R. To notif~~ the \iortgagee at once of the commencement of condemnation proceedings of an~• character affect- ing the mortgngecl propert~•, or an~• part thereof. In the event that the mortgaged property is ~~holly condemned, the Tiort~agee shall receive from the ~Iortgagor and/or the proceeds of such condemnation proceedings, the balance of principal remaining unpaiei an saici promissory note, with interest thereon to the date payrnent is received in Hartford, Connecticut, atYd atl other indebtedness secured by this mortgage, and with attorney's iees, court costs and all other expenses incurred by the ?~iortgagee in connection with such condemnation. lf, how•ever, the mortgaged propert}• is partly condemned, the ~Iortgagee shalt have the right and option to deter- mine the amount of such con~ernnation proceeds as it will require toward the reduction af the mortgage debt, ~~•ith interest thereon ta the date of pa}•ment and, in addition thereto, the Mortgagor shall pay to the 1~Iortgagee all attorne~~'s fees, court costs and other expenses incurreei by the 1~lortgagee in connectinn with such cordem- nation. The `lortgagee shall have a lien on an}• rno~ie~• judgment or award given or made to, or in favor of, the `Iortgagor as a result of an}• such condemnation proceedings or as a result of any exercisP of the right of eminent efomain, whether or not the same is made the subject of court proceedings, affecting the property hereb~• mort- gaged, or an~~ t,art thereof. :~'othing herein shall be considered as a w~aiver of the right of the ~Iortga~ee to be made a party to such eondemnation proceedings, or any proceedings affecting the title to saici property, or an~• part thereof, and shall not obviate the necessity oE making the lfortgagee party thereto. In the e~-ent ali or an}• portion of the property hereby~ mortgaged is inc(uded in any drainage or other improve- ment district forrneci or authorized subsequent to the date hereof, or in the event said property, or any part thereof, is in a drainage or other improvement district as of the date hereof and subsequent to the date hereof the bondecl indebtedness of such district is increased or the district is authorized to make additional assess- ments Eor improvement~ in eKCess of 15 ~ of the assessment in force and effect as of the date hereof, then in an}~ of such events, the 1~Iortgagee ma~•, at its option, declare the entire indebtedness hereby secured due and payable upon sia months' iiotice. If such o~~tion is exercised an~ notice ~iven, then upon the expiration of such six mc~nths' notice, the entire indebtedness hereb}~ secured shal( be due and pa~~able and nonpayment thereof shall constitute a default under this mortgage and the ~~me ma}- be coilected hy foreciosure or in any other manner provided b~• la~s-. Ho~re~-er, if the ~Iortgagor pat~s the said additional assessment in cash ~~;thin s~~id six months' period, then the right of the :~fortgagee to accclerate the debt secured here}~}~, for s~1id specific nonpayment, shall ter- minate as to suci~ detault, w•ithout in an~• manner affectinfi the rights o! the `Iort~sgee under any other existing or subsequent default under tt?is rnnrt~age or the note secured hereb~•. If s~iid assessrnent n~a}- be~>aid in iri- stalments, then, at the eption of the ~Iort~a~ee, the .llort~{a~;or ma}• a~~ail himself ~f such pri~~ilege, and thereafter no cight of acceleration shall be a~:iilable to the ~iortga~;ec unless a default occurs under s~3id instal- ment payments and said default is not cured in thirt}• days after its due date, in w-hich eti•ent, the ~'fartgagee ~t~ay, at its aption, elect to accelerate the mortba~e debt and proceed w•ith the collection and; or (oreclosure thereof. . 1~. "I'o gay promptl}• all instalments due others upon agreements of lease or conditional sale contracts of all fixtures, furnishings and equipment locatec3 on said property. Should the \Iortgagar fail to make any such pay-ment, the ~Tortgagee ma~-, w~ithout dema~id or natice, pay or satisfy the same and the amount so expended shail bear interest at the rate of 10~~; per annum and shall be pay~able bt• the :~Iortgagor to the Mortgagee upon demand and shall, with the inter~st thereon, be secured b}• this murtga~e. All windmills, pumps, ~umping plants and irri~ation or ~rainage equir>ment used for the irrigation or drainage of said property, or for stock watering or domestic pvrposes thereon, all motors, e~~Rines and devices for the operation of said windmills, pum~s, pumping plants ar~d ir: i~;atioti or drainage equipment, alf re~rigerator s~•stems, fire ~reverition and extingutshing apparatus, all lighting, heating and ~-entilating fixtures and equiPment, and ali motors, engines, dynamos an~ boilers, now or hereafter installed in, on or about s~-~id propert~•, irrespective of the manner of installatic,n, are and/or immediatet~- upon the installation thereof, shall become and be fixtures and a part af the realty and shall not be remo~•ed Erom said proE~crt}~ H•ithout the writteti consent nf tlie .~lortgagce. , 11. "I'o pci~~ to the ~lortK~i~~« pron:ptl~• u~;on clemand all rnsts, ezpenses and attorr.ey's fees, including the cost of an}• title esamination, supplernent~il abstract of title or title insur.~nce, th<t ma}~ be incurred by the 1lort~~gee ii7 an~• proceeclin~s, le;;al ac otherw•ise, affceting the mort~ag;ed propert}~, or any part thereof, or the titie thereto, or t}ic validit}~ or priority ~E this mortga~e, or that ma}~ be incurred by the ~tort~anee by rea5on oE the failure of the Jtort#;a~,ror to keep and perform any of t}~e covenants or aKreements conta?ned herein or in said promis- sor~• note. :~tl sucl~ costs, ex~,enses anrl attorne}~'s fees E~aid by the :~Iortgagee shall bear interest from the date of t>a}~ment thereoE at the rate of 1f)~-~ E~er annum untii re~~aid b}~ the ~lortgagor and shall, ~~-ith such interest, be a E~art of ti.e debt secured b}~ this martgage. 12. In the e~~ent of ciefau(t in thc pa~-ment of the promis~o~5' note hereb}• secured, or an~~ part thereaf, or any rer~eual or ettension t,~ereut, or if the :~iortgagor shall be adjud~ed bankrupt cr shall make an assignment for the }>ei~efit of creditors, or if an~- pra:eeciings shall be taken a~airjst the :llortgagor leoking to the appointment ~',~C• . ~ ',h~~ ~..1V~~ il