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HomeMy WebLinkAbout0863 1Uis tnoctgage is made~ ho~rtver, subject to the following covenants. conditions and agraments: FIRST: 1~at the awKgagor hereby agras and rnvrnants to pay the i~terest and princi~al hcreby secured promp~~Y ~rhrn due and if default be made in any put thereof, or in the payment of any other mon~a hereby secured, thrn the same slutl~ ~rithout datund if martgagee shall elect, bccome due and pay=ble at once and the moctgage may be focalosed ia the manner providcd by la~r. SECOND: 'Ihat the mortgagor agr~es to pay u the ume b~come due and payable aU taxa, usessments. and other chatges imposed by la~r (induding ditch, canal, reservoir, or other water charges, taxa, or usessmrnts) upon uid pranises oc any part thereof indudi~g the mortgagee's intcrat therein and upon this mortgage or the note ar indebt~dness secured heceby. provided that should the amounts paid for the moctgsgee under this ~aragraph for such wces, assessments and othet durges together with the interest on thc indebtcdness exceed tht highat mterest ratepe rmitted by laa on the indebtedness then owring, mortgagor shall not be liabie to pay any of such excess over the highat lawful nte. In the event of the puuge, after the date hereof, of any law~ by tlu State of Elorida, dcducting from:the v~epf~l3nd for the purpose of taxihon an' lirn thereon or changing in any way the existing laws for the taxation ~,of moctgagcs ot. debts secured by mort' gagt for stite or localJp~rposes. or the manner of the coilection of any such taxa, so as to ifFat this mortgage, the holder of this moctga~e and of dx debt wh;ch it secures. shall have the right to give six (6~~montlis''weitteri noti'tc to thG oavner of said land requiru~g thepavmrnt of the rntire indebtedness secured hereby,~nd it•is heroby-agce~.t~ttaf.s~xb aio~ye.be.~jvrn the said in~ebtednas shall become due, and collectible at the expiration of,s}id.siz (4),.ovoptbs.-_, . ~ THIRD: 'I7~at the moctgagoc agrets to Piy all other debts ttut are nowr or may become licns u~on ortc~irges against said pranises, and not to permd anp lirn of any kind to accrue and remain on said premises, or the ~mprovements thereon, which mi~ht dke precedence ova the lirn of this mortgage. The mortgagor further agrees not to create any lien an uid premisa ~un~or hereto unless the person cntitled to the bene6ts thercof shall have agreed that the time for thc payment of the indebtedness hereby s~cured and the manner and amount ofpa yment thereof and the brnefits of the secunty affordcd hereby tnay. without consrnt of wch person and without any obligation to give notice of any kind thereto, be extrnded, teexteoded, accelentrd. susprnded and refunded on any terms whitsoever w~thout in any manner afiecting the priority _ of the lirn heceby creatcd u security for the paymrnt of the indebtedness secured hcaby or an; ^!~t~gatian subst~tuted therefor or issued to nfuad same. FOURTH: 'I~at the mortgagor agrees to keep said premiscs and improvemrnts thereon in good condition and repair ~ and not to rnmmit or su~er wute thereof; to operate all lands, whether improvcd putures, orchards, grazing, timber, or ~ crop lands, in a good and husbandmanlike manner in ucordance with acce~ted principlrs of sound zgriculmral and forestry ~ prxtica; to take all teasonable prccautions to control wind and water eros~on: to fertJ~u improved putures, if any, where ~ naessary to maintain a good stand of dairablt gtasses; to protect orchards and timber, if any, by reasonable precautions against loss or damage b}r fite including the maintrnance of appropriate fire brnks; and ncither to temove nor permit the ~ temoval of anq timbet, buildings. al, gas, minerat, stone, rock, clay, fertilizer, gravel or top soil without the prior writtrn ~ conxnt of the mortgagee. 'I~e moctgagee shall have the right to mspect the mortgaged property at such reasonible times ~ and intcrvals u the morigagee may daire, to determine the mortgagor's compli~nce with the covenants contained in any ~ clause of this mortgage. ' FIFTH: 'I7ut the mortgagor aRrees to procurc, mzintain and deliver, premiums paid, to the moctgagee policia of ~ insutance against such hazards on the buildings now or hereafter located on sa~d premises as the mortgagee may from time ~ to time coquire. in such compuiies and in such amount and form and with such loss payable dauses u shall be satisfu- ~ tory to the mortgagee. The mortgagee is authorized to usign and deliver said policia to any purchaser of this morigaqe or to the purchuer of said pranises at any foralowre sale. In event of loss the mortgagee is exprasly authorized and em- powered to settle or compromise claims under said policia, and the procecds from said policies as well u any other policia - procuced by the modgagor shall bepa ~d to the mortgagee who at its sole discretion may apply same or any part thereof on ucount of the indebtedneu secured hereb~+ whether or not thrn due and pav1b~e, or may apply the same or any part thereof ~ towards the alteration, teconstnxtion or repair of said buildings, either t~ the portion damaRed or any other rortion thereof, or release ume to the moctRagor_ Such application or releue sh311 not cure or wai~~e any default or notice of default here- ~ under or invalidate an' ad done pursuant to such notice. ~ SIXTH: 'Il~at in the event the mortgagor shall fail to procure, ma~ntain and ddiver the insurance ~licies, premiums ~ ptepaid, or to pay, u the satne btcome due and payable, any tax or assessment imposed by law uF+on said premises or any ~ pad thercof, or the note, or indebtcdness sm~red herehy, or to pay any lien, ctaim or charQc against wch premises which ~ might take praedence over the lirn of this mortgage or to comply w~th the provisions of paraRrxph Fourth hereof, the - mottgagee mav, without notice or demand, insure any of the buildings and pay the cost of such insurance and pay any of said tua, uses.unents, liens, daims and charga. or any part therrnf, or rcdeem from the sale of said premises for 3ny ~ w tua or assessments (ircegularitia in thc lev' or imposit~on of any tax or assessment beinR expr~ssly wiived), or rcdetm i; from the sale of said premises resulting from the rnforccment of anv such lien. claim or charqe, or expend such sums u may be necessarv to corrtct the failure of the mortqagor to comPly with the provisions of said paragraph Foucth, and the mortgagor hereby agrees immcdiatelq to repiy to the mortqaQee, without notice or demand. anv sums so oaid with interest ~ theteon at the same rate u specified in the note secuccd hereby on the principal thereof after default and maturity, and all ~ r sums paid bv the mortg~gee with interest shall become a pirt o f thc in d e b t e dnas savr e d her e by, an d in de fm lt o f ~ immediate repavment thereof by the mortgagor the whole i~debcedna sec~ured ereb s}ull at the o ion of t mort a ~ ~ become due and payable forthwith w~ithout notice. Or lf a par~riex o~ iro~tgagor ass~igns ~ or~~ ~ ~'4~1 18~ ~i~e~}i3~'~ ~i~3e ~~rey'Sptor~ ~i~i SEVENTH: 'That in the evrnt the mortgago c ~ r ~ s, an i n or, i t A ~ . ~Y ; mortgagor is a cocporation, xils, trada or d'+sposes of more than ................aJo of its corp~nte stock to persons other than . ; the presrnt oaners, their heirs and qualified directors prior to the time the indebccdnas secured hercby shall have been ~ r ~ reduced to =..A...R.O then, at the option of the modgaget, the entire uid indebtednas shall become due and payable. - ~ EIG H T E i: T hat t h e mortgagor agrees to pay on demin d a l l expenses an d a t iomrys' fees incurr e d b y t h e m o c t g a g e e b y ~ reason of litigation or legal proceedings in wrhich the mortgagee is made a party to protat the lirn of this modgage and all moneys so piid bq the mortgagee, mcluding any expense mcurred in procuring or continuing'abstruts of tiNe and titk policia and sdtthing the raords for the purposes of such litigation, shall bear interest ~ tlie same rate as spccificd in the : ~ j~ ~ BBOK ~v~ PACE ~