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HomeMy WebLinkAbout1941 . - i .a ~ . This modgage is made. however, subject to the following covenants, conditions and agreements: FIRST: That the mortgagor hereby agrees and covenants to pay the interest and principal hereby soured promptly ! whrn due aad if default be madt in any put thereof, or in the payment of any other mon~e hereby secured. then the same shall. without demand if mortgagee shall ckct, become due and payable at once and the mortgage may be foreclosed in the manner provided by law. - SECOND: That the mortgagor area to pay u the same become due and payabk atl taxes, assessrrtents, and other charges imposed by law (including ditch, canal, reservoir, or other water charges, taxes, or assessments) upon said # praatsa or any part thereof including the mortgagee's interest therein and upon this mortgage or the note or indebtedness secured hereby, provtded that should the arrtounts paid for the mortgagee under this Qaragraph for such taxes, assesurtents and other•chargs together with the interest on the indebtedness exceed the highest interest me pettnitted by law on the indebtedness then owing, mortgagor shall not be liabk to pay any of such excess over the highest lawful ate. In the event of the passage, after the date hereof, of any law by the State of Florida, deducting (roan the value of land for the purpose 4 of taxatioe any lien thereon or changing in :ny way the existing laws for the taxation of mortgages or debts secured by mod- gage for state or local purpoxs, or the manner of the collection of any such taxes, so u to affect this morfgage, the holder of this modga~e and of the debt which it secures, shall have the right to give sue (6) months' written notice to the owner of said land recgqwwring the ppaayment of the rntirr indebtedness xcured hereby, acrd it is hereby agreed that if such notice be given the said indetitednas shag become due, and rnllectible at the expiration of said six (tS) months. THIRD: That the mortgagor agree to pay all other debts that are now or may become lirns u nor chirgy against said premiss, and not to permit any lien of any kind to accrue and remain on uid premises, or the mprovements thereon, which mi~lat 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 rntitled to the benefits thereof shall have agreed that the time for the payment of - { the indebtedness hereby secured attd the manner and amount of payment thereof and the benefits of the seturity afforded hereby ma~,without coasent of such person and without any obligation to give notice of any kind thereto, be eactrnded, reextended, uulented, suspended and refunded on any terms whatsoever without in any manner affecting the priority of the lien hereby crated u saucily for the payment of the indebtednes secured hereby or any obligation substituted therefor or issued to refund same. " FOURTH: That the mortgagor agrees to keep said prenniss and improvements thereon in good condition and repair and not to commit or suffer waste thereof; to opente all lands, whether improved puturc, orchards. gazing, timber, or crop lands. in a good and husbandmanlike manner in accordance with uceQted principle of sound agricultural and forestry practtcc; to take all reasonable precautions to control wind and water erosion: to fertilize improved pasture, if any, where nete;sary to maintain a good stand of deirable grassy; to protect orchards and timber, if aoy, by reasonable precautions against loss of damage by fire including the maintenance of appropriate fire breaks; and neither to remove nor permit the removal of any timber, buitdings,~ oil, gu, mineral, stone, rock, clay, fertilizer, gavel 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 time and intervals u the mortgagee may desire, to determine the mortgagor's compliance with the covenants contained in any clause of this mortgage. Y FIFTH: That -the mortgagor agree to procure, maintain and deliver, premiums paid, to the mortgagee policiy of - } ~ insurance against such hazuds on the buildings now or hereafter located on uid premiss as the mortgagee may from time to time require, is such companie and in such amount and form and with such loss payable clauses u. shall be satisfu- tors to the mortgagee. The mortgagee is authorized to assign and deliver uid policiy to any purchaser of this mortgage or ~ to the purchaser of said premise at any foreclosure sale- In event of loss the mortgagee is expressly authorized and em- ; i powered to settle or compromise claims under said politic, and the proceeds from said politic u well u any other politic j procured by the mortgagor stall 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 parable, or may apply the same or any part thereof t towards the alteration, reconstnrction or repair of said buildings, either to the portion damaged or any other portion thereof, ~ or release same to the mortgagor. Such application or release shall not cure or waive any default or notice of default here- 4 under or invalidate any act done pursuant to such notice. - SIXTH: That in the event the mortgagor shall fail to procure, maintain and deliver the insurance politic, premiums prepaid, of to pay, u the same become due-and payable, any tax or assesment imposed by law upon said premise or any pad thereof, or the note, or indebtedness secured hereby, or to pay any lien, claim or charge against such premise which t might take precedence over the lirn of this mortgage or to comply wdh the provisions of paragraph Fourth hereof, the j mortgagee may, without notice or demand, insure any of the buildings and pay the cost of such insurance and pay any of - t said taxes, usesstnents, liens, claims and charge, or any part thereof, or redeem from the sale of said premiss for any taxa or assasrnertts (irregularitie in the levy or imposition of any tax or assessment being expressly waived), or redeem i from the sale of said premise resulting from the enforcement of any such lien. claim or charge, or expend such sums u ' may be naesary to correct the failure of the mortgagor to comply with the provisions of said paragraph Fourth, and the mortgagor hereby ogres immediately to repay to the mortgagee, without notice or demand, any sums so laid with interest - thereon at the same me u specified in the note secured hereby on the principal thereof after default and maturity, and all sums paid by the modgagee with interet shall become a part of the indebtednes secured hereby, and in default of E immediate repagment thereof by the mortgagor the whole indebtedness secured hereby shall at the option of the mortgagee } become due and payable forthwith without notice. SEVEPTPH: 'I?tat in the event the mortgagor sells or conveys said premise, or any portion thereof, or, if the t mortgagor is a corporation, sells, trades or dispose of more than of its corporate stock to persons other than the present owners, their heir and qualified dirators prior to the time the indebtedncs secured hereby shall have been reduced to ~.-QQ thrn, at the option of the modgaget, the entice said indebtednes shall bKOme due and payable. EIGHTH: That the modgagor agree to pay on demand all expense and attorneys' fee incurred by the modgagee by r' reason of litigation or legal'praceedings in which the mortgagee is made a party to protect the lirn of this mortgage and all moneys so paid by the mortgagee, including any expense incurred in procuring or continuing abstracts of tick and tick policies and seurhing the records for the purposes of such litigation, shall bear interest at the same rate u specified in the _ ~ok~~i~3~~~~,~193~