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HomeMy WebLinkAbout0867 ~ ~ ~'ih;s mortgage is made, ho~?ever, subjcct to the folfo~ring covrnants, conditions and agreements: FIRS1': That the moctgtgor htrtby agrets a~d covrnants to pay the interest and printi~al hereby secured promptly whrn due and if default be tnade in any patt thereof, or in the payment of any othec mon~es hereby secured, thrn the ume shaH, writhait danand if mortgagee shall dect, becom~ due and payable at once and the mortgage may be foralosed in the mannet providcd by law. . SECOND: ti7ut ti~e awngagor a~aes co ~y u the sune become due and payable all taxa, usessments, and otha chirga imposed by lawr (induding ditch, canal, ceservoir, or other water chargcs, taxes, or assessments) upon said . pran~sts or aay put theceof including the mortgagee's intcrest thetein and upon this mortgage or the note or indebtedness ~ saured hatby, provided that shouid the zmounts~paid for thc mortgagec under this ~aragraph tor such taxes, uxssments and other charges togetftcr aith the interest on ihe indrbtedncss exceed the highest ~ntcrest ratepe rmitted by law on the indcbtcdness t1~en owing, mortgagor shall not be liabk to pay any of such excess over the highat lawful rate. In the event of the passage. after the date hereof, of any law by the State of Florida, deducting from d~e value of land for the purpox of taxaNon any lien thereon or changing in any way the existing laws for the tixation of qrwctgag~s~or debts sccured by mort- gage for st=te or loca)pt~rposes. or the manner of the collection of iny such taxes, so as to i~'ect~fi~s. mortgage the holder of th~s mottga$e and of the debt which it secures, shall luve the right to give six (6) nW1SR~s•ivt~te~ ~dt?CcM•t1~t~owner of said tand reqwnng thepa vmmt of the rntirr indebtednas xcvred hereby, and it is hereby ~weJt'q~It~ Mtck~qpliL~#~e~given the said in~ebt~dness shal[ bccome due, and collcctibic at the~xpiration o~ uid siY (6}.nwt~ths.-. . . THIRD: That the tnortgagor agrecs to pay al! other debts that ue now or may bccome lirns upon oi chargcs against said prrmises, and not to pcrmit any licn of an~ kind to accrue and remain on said prennises, or the impro~cments thereo~, which mi~ht talct preccdence over the lien of this mortgage. 'il~e mortgagor further agrecs not to create any lien on uid prcmises ~uaior hereto unless the pason rntitled to the brnefits thereof shall have agreed that the time for the payment of the indebtedness hereby secured and the mann~r and amount of piymrnt th~reof and the bene6ts c+f the security afforded he~rebt J~ a}r, without consent of wch petson and without any obligation to give notic~ of any kind thereto, be extended, ed, acceleratcd. susprnded and rcfunded on any terms whatsoe.~er without in any nunner aHecting the priority of the lien hereb~ cteated u sccurity for thr paymrnt of the indebtednas securtd hereby or any obligation _mbstituted thercfor or issued to refund sune. FOURTH: 'I7~at tht mortgagor agrecs to keep said premixs and improvemtnts thereon in good condition and repair and not to rnmmit or suffer waste thereof; to operite all lands, whether improved putura, orchards, gnzing, timbcr, or crop lands, in a good and husbandmanlike manner in accordance with acce~ted principfa of sound agricultura! and foratry ~rachca; to Uke all reasonable procautions to control wind ~nd water crosion: to fertili:e improvcd pistures, if any, where natsszry to maintain a good stand of dairable grasses; to protect orchards and timber, if any, by reasonable precautions against loss ot dunage by 6te including the cruintenance of appropriate fire breaks; and ncither to removc nor permit the remova) of any tia~ber. buildings, oit, gu, mineral, stone, rock, clay, fertilizcr, gravel or top soil without the prior writtrn consmt of the tnoctgagee. ~7~e mortgagee shall ha~e the right to inspect the mortgaged property at such reasonable times and intervals u the mortgagce may daice, to determine the mortgagoi s compliance witb th~ covrnants contained in any clause of this mortgage. FIFTH: 'I7ut the mortgagor aRrees to procure, maintain and deli~er, prcmiums paid, to the mortgagee policics of insuru~ce agunst such huards on the buildings now or hereafter located on said premises as the mortgagee may from time to time requ~re, in such compania and in such amount and form and with such loss payable clauscs as shall be satisfxc- tory to the modgagce. 'I7ie mortgagee is authorized to assign and deliver said policies to any purchascr of this mortgaqe or to the purchasec of said ptemises at any foraiosure ule. In evrnt of toss the mattgagee is cxpressly ~uthor;zcd ind em- ' pawered to settle or compromix daims ander said policia, and the proceeds from said policies as well u any other policies procured by t}ee modgagor shall be paid to the mortgagee who at its sole discretion may apply same or any patt thereof on ucount of the indebtedaess secured hereby whether or not thrn duc and pavable, or may apply the ume or any part thereof towards the atteration, reconstruttion or repair of said buildings; either to the ~rtion damaRed or any other rortion thtrrnf, or telease same to the mortJragor. Such application or release sh~ll not cure or waivc any default or notice of default here- unda or invalidate anr act done pursuant to such notice. SIXTH: T~at in the evrnt the mortgagor shall fail to procure, mainuin and deliver tF~e insurance ~licies, premiums prepaid, or to paq, u the same become due and payable, any tax or assessment imposed by law upon said premises or any part thercof, ar the note, vr endebtedness scrured hereby, or to pay any lien, claim or charQe against such premises which m~ght take pteccdrnce over the lirn of this mortgagt or to comply with the provisions of paraRraph Fcwrth htreof, the mortgagce 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, lirns, daims and charges. or any part therrnf, or redecm from the sale of said premises for any - tua or assessments (ittegvlarities in the Icvy or imposition of any tax or assessment beinR expressly waived), or redeem from the sale of said prem~ses resulting from th~ rnforcement of anv such lien. claim or charqe, or expend wch sums u may be nacssarv to corrc~ct the failure of the mortqagor to comply with the provisions of said paragraph Fourth, ind thc mortgagor hereby agrees immediattly to repay to the mort~aRee, without notice or demand. ~nv sums so oaid with interest ~~j'~, ' tficreon at thc same rate u speci6ed in the note savred hereby on the principal thereof after default and maturitv, and all ~ sums w~d bv the mortgagee with interest shall become a pirt of the indebtcdness secured hereby, and in defau(t of ~ immediate repaymrnt thereof bq the mortgagor the whole ipdebtednas secured hereby shall at the optjo~ of t}~ mortga become due and payable forthw~th without notice. f~a ~ ~rfr~l^~~S~SSL,11~111 Y' S E Y E N T N: ' T h a t i n t h e c v ~ n t t h c m o rtg ag o r` s e f l s` o r c o n v ey s s a i d p r e m ~ s e s, o r a ny po r t i o n e rc o o r, i f t h e • P~~;~.,` moctgaqor is a corpontion, se U s, tta da or disposcs o f more t hin ................qo o f its corporate st o c k to persons other than ' the present owners, thcir heirs a~d quali6ed dirators prior to the time th~ indebtednas securcd hereby shalt hav~ been " a reduced to 0.00..,_...,~ at the option of the mortgagee, the cntire uid indebtednas shatl bccome due a~d payabte. ~ EIGHTM: That the mortgagor agrees to paq on dem~nd ali cxpenxs and attorneys' fees incurred by the mortgagec bq ttasot~ of (itigation or legaf proceedinqs in ~rhich the mortgagee is made a party to protect the lirn of this mortgage and a!1 montys so paid by the mortgagee, including any expense incurred in procuring or continuing abstruts of title and titk policia and searching the raords for the purposrs of such litigation, sh~ll bcar interat at tbe same rzte u speci6ed in the 800K ~V~ ~AGE O~ ~