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HomeMy WebLinkAbout2258 ~ a . . . . . . . . . . . . _ - . . - : _ _ - - ~ ~ : - . . . _ _ _ . . . - - ~ ~ ' - - . j hereby fully warrant the title to said lands and will defend the sarne against the lawful claims of al! penons whomsoever. ~ ~ PROVIDED ALWAYS, that if said mortgagors, their h~irs, legal representatives or assigns, shall pay ~ unto the said mortgagee, its legal repr~sen[atives or assigns, the said sum of money mentioned in said promissory ~ noce, and herein, and the interest thereon at the times and in the manner specified, and shall perform, comply ~ : with and abide by each and every the stipulations, agreemencs, conditions and covenants of said promissory note and of this deed, then this deed and the estate hereby created shall cease and be null and void. ~ And the said mortgagors, for themsel~es, their heirs, Icgal representatives and assigns, hereby covenant ' ''I and agree: ' i'j 1. To pay all and singular the grincipal and interest and ocher sums of money pa} able by virtue of i,~ said promissory nate and this deed, or either, promptly on the days respectively the same severally become due. 2. To pay a!1 and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nature on said described property, and te furnish the mortgagee ~•ith satisfactory evidence of ihe payment ~ of the samQ, and if the same be not pmrn~+tly paid by the m~rtgagors, the rnortgagee, its successars or assigns, _ may at any tirne pay the same, without in any way waiving or affecting the option of th~ mortgagee to fore- 7 close this mortgage for failure of said mortgagors to pay the said taxes, assessments, levies, liabilities, obliga- 'i tions and encumbrances, or withou[ waiving any other righrs af the mortgagee hereu:tder, and every payrnent ~ so made by the mortgagee shall bcar intcrest from the date thercuf until paed, at the highest lawful rate per ~ annum now permittrd by ~~rit,en contrac[ under tne la~ti•s of the State of Florida, and said advances together ! with intemst thercon shall be due and payable by the mortgagors to the mortgagee when the next succeeding ~r ~ payment uf the interest provicled for in this mortgage and the note which it secures shall become due and pay- r ~ ~ able. ~~he mortgagors' failure to pay said taxes, assessments, levies, liabilities, obligations and encumbrances. ~ and;'or the mortgagors' failure to repay the mortgagee for said advances, if made by the mortgagee, shall gi~~e the martgagee the right and option to declare the principal balance due together with all advancts made pur- ~ + suant to the terms, provisions and conditions of this mortgage and the note whiih it secures and the further ~ option to tor.close. 3. 'I'o pay all and singular the costs, charges and expenses, including attorneys' fees, reasanably incurred ~ I~ in placing this instrument in the hands of an attorney for collection, attorney's fees incurred in courts of original jurisdiction as well as courts of appellate jurisdicGion by said mortgagee, its successors or assigns, because of the ~ failure on the part of said mortgagors, their legal representatives or assigns to perform, comply with and abide j;p by each and every the stiPulations, agreements, tonditions and covenants of said promissory note and this deed, ~ ~ or cither, and C1'Crt• c~~i h n~~~ment shall bear interest from datc until paid at the highest lawful rate per an- ~ num now permitted u•ritt~~n centract under the la~:•s of tt~c State r,f F=2c.r~ci~. ~ 4. To keep the btai~din~s now or ~tere~fTec On S1i~~ l~ncis insurect .,~atnst los, ti~ -fite and lightning, ~ ancl also against windstorm, hurricanz, Iiaii, cxplosian, riot, civil a~;::~:~orian, sn:ok~. aircraft, and land ~ y~ ~~ehicles in a sum satisfactor~ to [he mvr[gagee in a comparey -::~mpanies t~~ be approved by said ~ ; mortgagee, and the eaid policy or policies to be approved by said mortgagee, and che said policy or policies ta ~ , be held by and payabie to said martgagee, its successors, lega( representatives or assigns; and in the event any ~ , sum of money oecomes pa~able under such policy or policies thz mortgagee, its successors, legal representatives, i or assigns, shall have the option to receive and apply the same on account of the indebtedness hereby secured or :g ~ to permit t4~e mortgagors to receive and use it, or any part thereof for oeher purposes, without thereby wai~ing - or impairing any lien or right under or by virtue of this mortgage: and said mortgagee may place and pay for ~ such insurance, or any part tnereof, without waiving or affecting in any manner the option of the mortgagee to forcclose this mortgage fnr failure of the mortgagors to keep said buildings and othet property insured as herein a prorided, and withaut affecting any other rights of the mortgogee hereunder, and each and evzry such payment j~ made by t}~c mortgagee for premiums on said insurar.ce shalt bear interest from date thcreof until paid at the ` ~ highest la~vful rate per annum no~v permitted by written contratt undcr th~ law-s af the state of Florida, and i f`. ' said adranccs so made b~~ the mortgagee shail be payable by the mortgagors to th; mortgagee when the next ; sucteeding installment of interest required to be paid by the terms of this mortgage and the note which it 1. secures shall be duc ind pa}'able. The mortgagors further covenant and agree to keep the personal property I; , located upen said ]ands insured in an ~mount and against such risks as shall be satisfactory ro the mortgagez, i~ ; such insurance ~ein~ subject to the foregoing provisions of this paragraph. Failure of the mortgagors to er~ect j ! said insurance. or to pay the premiums therefor, or to repa}~ the mortgagee for prcmiums advanced therefor ~ shail gi~•e the mortgagee the right and option to declare the ent:re principal balance, tagetner with all interest j ; and ad~•ances mad~ thereunder. due and pa~; able with the further option of immediately foreclosing this mort- i : ~ gage for ti~c nonpa}•ment thereof. ~ j: j To commit, germit or suffer no wast~, impairment, or deterioration of said property or any part ~ ; thcreof. 6. To perform, comply with and abide by each and ever}• the stipulations, agreements, conditions and ~ i' ~i io~•enants in said promissory note and in this deed set forth. f i That granting any extension or extensions of the time of payment of the aforesaid note, or waiver ~ j, o f or fai lure to,exercise t he rig ht ta mature t he whole debt shall r.ot affect the lien hereof or the rights of the ~ ; mortgage~ hereunder or operate as a relzase from any liabili[y on said note ar this mortgage; and further that 1 ~ j acceptance of pari payment of any installment or pr~ncipal or interest, or of part performa~nce csf any covenant, ~ t= or clelay for any period of time in exercising the option ro mature the entire debt, shall not operate as a waiver ~ of the nght to exercise such option on account of such default, or any subsequent d~fault. I 8. To procure or cause to be procured from said mortgagee, or some other reliable life insurance com- pany, a policy or policies of life insurance af a kin~ satisfactory to said mortgagee in an am~~unt satisfa~tory to che mortgagee on the Iife of some person acceptable to said mortgagee as an insurance risk, and to pay or cause to be paid as they become due a11 premiums an said policy or policies until the debt secured hereby is ' ~ ~ cancelled; and as additional collateral for the indebtedness her~under secured, to keep said policy or policies ~ constantly assigned to said mortgagee in accordance with the terms of a form of assignment to be furnished i by said mortgagee. + 9. If any of said sums of money herein referred to be not promptly and fulty paid within thirty i days next after the same severally become due and payable, or ~if any and every the stipulations, agreements, ~ conditions and covenants of said pramissory note and this deed, ar either, are not duly performed, complied ; with and abi~ied by, the said ag~regate sum mentioned in said promissory note sha,l become due and payable i ferthwith or thereafter at the option of the mortgagee, its successors or assigns, as fully and compI~tely as if i the full principal sum of the promissory note, was originally stipulated to be paid on such date, anything in said promissory note or herein to the contrary notwithstanding. In thz event of defaulc in any particular as herein provided, or should fereclo~i~re proceedings be insti- ~ tu;ed hereunder on account of any breach or violatian oE any one or more of the covenants herein, it is cove- nanted and agreed that the mortgagee, its successors, legal representatives or assigns, shall immediately be en- ~ titled as a matter of right and without regard to the value of the premises or of the personal property herein- I above described, or the solventy or insolvency of the parties, and without notice to the mortgagors, to the ap- ~ pointment of a receiver for the mortgaged premises, and che rents, issues and profits thereof, with the usual ~ ~ - - - - , - _ _ _ . _ _ , - _ 1 =f - - - - _ - _ _ 1 ~