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HomeMy WebLinkAbout1879 . S , . 'Ibis tnodgage is made, however, subject to the following covrnants, conditions and agreements: FIRST; That the mortgagor hereby agrees and covrnants to pay the interest and princi~a! hereby secured promptly when due and if default be trade in any part thereof, or in the payment of any other monies hereby secured, thrn the ume shall, without demand if mortgagee shall elect; become due and payable at once and the mortgage may be foreclosed in the manner provided by law. SECOND: 'Mat the mortgagor agrees to pay as the same become due and payable all taxes, assessments, and other charges imposed by law (including ditch, canal, reservoir, or other water charges, taxes, or assessments) _ upon said premises or any part thereof inxluding the mortgagee's interest therein and upon this mortgage or the note or indebtedness secured hereby, provided that should the amounts paid for the mortgagee under this Qaragraph for such taxes, asxssments and other charges together with the interest on the indebtedness exceed the highest interest rate permitted by law on the indebtedness thrn owing, mortgagor shall not be liable to pay any of such excess over the highest lawful rate. In the- event of the passage, after the date hereof, of any law by the State of Florida, deducting from the value of land for the purpose of taxation any lirn thereon or changing in any way the existing laws for the taxation of mortgages or debts secured by mort- gage for state or local purposes, or the manner of the collection of any such taxes, so as to affect this mortgage, the holder of this mortgage and of tFie debt which it secures, shall have the right to give six (6) months' written notice to the owner of said land requtnng the pavmrnt of the rntirr indebtedness secured hereby, and it is hereby agreed that if such notice be given the said indebtedness shall become due, and collectible at the expiration of said six (6) months. THIRD: That the mortgagor agrees to pay all other debts that are now or may become urns upon or charges against said premises, and not to permit any lien of any kind to accrue and remain on said premixs, or the improvements thereon, which might take precedence over the lien of this mortgage. The mortgagor further agrees not to create any lien on said premises junior hereto unless the person entitled to the benefits thereof shall have agreed that the time for the payment of the indebtedness hereby secured and the manner and amount of payment thereof and the benefits of the xcurity afforded hereby may, without consent of such person and without any obligation to give notice of any kind thereto, be extended, reextended, accelerated, suspended and refunded on any terms whatsoever without in any manner affecting the priority of the lirn hereby created as security for the payment of the indebtedness xcured hereby or any obligation substituted therefor or issued to refund same. FOURTH: That the mortgagor agrees to keep said premises and improvements thereon in good condition and repair and not to commit or suffer waste thereof; to operate all lands, whether improved pastures, orchards, grazing, timber, or crop lands, in a good and husbandmanlike manner in accordance with accepted principles of sound agricultural and forestry practices; to take all reasonable precautions to control wind and water erosion: to fert~Lze improved pastures, if any, where necessary to maintain a good stand of desirable grasses; to protect orchards and timber, if any, by reasonable .precautions against loss or damage by fire including the maintenance of appropriate fire breaks; and neither to remove nor permit the removal of any timber, buildings, oil, gas, mineral, stone, rock, clay, fertilizer, gravel or top soil without the prior written consent of the mortgagee. The mortgagee shall have the right to inspect the mortgaged property at such reasonable times and intervals as the mortgagee may desire, to determine the mortgagor's compliance with the covrnants contained in any claux of this mortgage. FIFTH: That the mortgagor agrees to procure, maintain and deliver, premiums paid, to the mortgagee policies of i insurance against such hazards on the buildings. now or hereafter located on said premises as the mortgagee may from time to time require, in such companies and in such amount and form and with such loss payable clauses as shall be satisfac- tort' to the mortgagee. The mortgagee is authorized to assign and deliver said policies to any purchaser of this mortgage or to the purchaxr of said premixs at any foreclosure sale. in event of loss the mortgagee is expressly authorized and em- - € powered to settle or compromix claims under said policies, and the proceeds from said policies as well as any other policies procured by the mortgagor shall be paid to the mortgagee who at its sole discretion may apply same or any part thereof on account of the indebtedness secured hereby whether or not then due and payable, or may apply the same or any part thereof ~ towards tht alteration, reconstruction or repair of said buildings. either t~ the portion damaged or any other portion thereof, ~ or release same to the mortgagor. Such application or release shill not cure or wai~•e any default or notice of default here- _ under or invalidate any act done pursuant to such notice. SIXTH: That in the evrnt the mortgagor shall fail to procure, maintain and deliver the insurance policies, premiums prepaid, or to pay, as the same become due and payable, any tax or assessment impoxd b~• law upon said premises or any part thereof, or the note, or indebtedness xcured hereby, or to pay any lien, claim or charge against such premixs which might take precedence over the lien of this mortgage or to comply with the pro~•isions of paragraph Fourth hereof, the mortgagee may, without notice or demand, insure any of the buildings and pay the cost of such insurance and pay any of ~ said taxes, assessments, liens, claims and charges. or any part thereof, or redeem from the sale of said premises for any taxes or assessmrnts (irregularities in the levy or imposition of any tax or assessment being expressly waived), or redeem from the sale of said premises resulting from the enforcement of any such lien. claim or charge, or expend such sums as may be necessary to corrat the failure of the mortgagor to comply with the provisions of said paragraph Fourth. and the - mortgagor hereby agrees immediately to repay to the mortgagee, without notice or demand, any sums so laid with interest ~ thereon at the same rate as specified in the note secured hereby nn the principal thereof after default and maturity, and all sums paid by the mortgagee with interest shall become a part of the indebtedness secured hereby, and in default of + immediate repayment thereof by the mortgagor the whole indebtedness secured hereby shall at the option of the mortgagee I become due and payable forthwith without notice. ~ _ i ,f SEVENTH: That in the event the more a or sells or come s said rem~xs, or an rt~on thereof, or, if the g g Y p Y Po { mort a or rs a co ration, x s era es or is ses o more than o of ds co rate stock to rsons other than . the prexnt ownersp their heirs and qualified d ectors pnor to the time th~~rdebtedn~xcured herebycshall have been u thrn' at the o ion f the rt a ee the entire serf i red red to = pt o mo g g d ndebtedness shall become due and payable. EIGHTH: That the mortgagor agrees to pay on demand all expenses and attorneys' fees incurred by the mortgagee by ~ reason of litigation or legal proceedings in which the mortgagee is made a party to protest the lien of this mortgage and all moneys so paid by the mortgagee, including any expense incurred in procuring or continuing abstracts of title and title policies and searching the records for the purposes of such litigation, shall bear interest at the same rate as specified in the ~ ~-1874 = gr ~r i, , - - w ~:T ~ vr'Y i~a > - ~ _ i~~ z