Loading...
HomeMy WebLinkAbout1831 # w- . ~ ! . f ~ . - ~ , - - - . x - - _ - - . _ _ - t g t f.z s - - _ , This onortga8e is made, however, subject to the following covenants, conditions and agreeanents: ~ - FIRST': That the nwetgagoc hereby agrees and covenants to pay the interest sad- prindpal hereby sauced pranptly when due and if default be made in any pact thereof. or is the payment of: say other monies hereblr secured, they the 4 wane sh:H, with deaa~wd if mortgagee shall elect, baome due and payable at Dace sad the mortgage any be foreclosed in the maoaer provided ~ law. SBOOND: That the mortgagor a$rres to pay as the wane become due and payable all taxes, sssessrnenb. and other . drarges imposed by hx ((radudiag drtdr, amd, reservoir, or other water Bruges, taxes. oc assessraeats) upon said ~ - premrses oc any pact thereof. including the mortgagee's interest therein sad upon this raortgage,or the note ~ or indebtedness secured hereby, Fmvrdcd that should the amounts paid for the mortgagee under this ~aragcap6 tor such taxes, assessments - sad other charges together with the interest oa the indebtedness exceed the highest raterest rate permfitted by law on the iaddstedoess they owmg, 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 say lien thereon or diaagu~g is say way the existing laws for the taxation of mortgages or debts soured by wort- . gage for state or Meal ]p or the muurer of the collection ~f say such taxes, so as to affect this mortgage. the holder of this mortgage sad of tl~which it setvres, shall have the ~t tp;BEve six (t;} awnths' writtrn Holier to the owner of said had qq~~ the pafnKnt of the entire indebtedde~c hereby. aqd i_t is hereby agreed that if such-notice be given the- ' said uKk shall becane due, and rnllectibk at the expintioa df'said sri"(6~; ,t t- - '~HIRD: That ehr mortgagor to pay ~Il other debts that are now or finery bexacQat~ts u~orr or Borges against said ppranises, and not to peraut aay~of any kind to. accrye and remain oa said pieinises, or tfie rmprovemrnts thereon, ~ whidr might take precedence over the lirn of this-mortgage. The mortgagor further agtte~ ~ `)o create say lirn on said premises Innror hereto unless the person entitled to the benefits thereof shall have agreed tha~the time for the paymrnt of the ~ hereby secured and the manner sad amount of paymrnt thereof and the btne6ts of the security afforded - hereby ernes ,without cooseat of suds person and without any ~ -'~li to give noticr of #ny kind thereto, be acteadcd, n:erdcnde~ aaekrated, wsparded and refunded on say terms w~er vnthout is say manner affecting the priority - j of the lien hereby orated as security for the paymrnt of the iidtbtedaess secured hereby of say obligation substituted - E therrfor or issoed M refund same. ~ - f FOiIRTH: That the mortgagor agrees to keep said premises sad imQrovc~rnrnts thereon is good-condition sad repair sad not to commit or suffer water thereof; to opeate all lands..vhether improved pastures, orchards. grazing, timber, or aoP bads, in a good sad husbaandanaalike auac~er ur aaordance with accrQted- principles of som~d agricultural and forestry . practrcrs; M take all ttasoruble precautions to control wind and water erosion: to fertrhze improved pastures, if any, ivhere~ - na;essacy to maintain a good stand of desirable grasses; to protect orchud.~ and timber, if any, by reasonable precautions against loss or damage by fur indudiag the maintenance of appropriate Ere breaks; -sad neither to rtrrwve nor permit the rrmoval o! say timber, buildings, oil, gas, mineral, stone, ruck. clay, fertilizer, gravel or top soil without the prior wnitrn . ~ consent of the mortgagee. The mortgagee shall have the right to inspect the mortgaged property at such rasonav' le-times and intervals as the mortgagee may dr'ire, to determine the mortgagor s compliance with the covenants confined in any ~ clause of this modgige. - - FIFTH: That :he mortgagor agrees to procure, maintain and deliver, premiums-paid, to the mortgagee policies of - insurance against such hazuds oa the buildings now or hereafter Mated on uid premises u the mortgagee may from time . to time regnrre, in such companies find in such amount and form and with such loo payable clauses as shall be satisfac- toq to the mortgagee: The mortgagee is authwrized to assign and deliver said policies to any purchaser of this mortgage or _ to the baser of said premises st a% forabsure sale. In evrnt of Mss the mortgagee is expressly authorized and em- powatd~to settle err compromise chims Hader said policies, and the proceeds fro::~s~ uid policies u well as any other policies procured by the mortgagor shall be d to the mortgagee who at its sole discretion may apply same or any -part thereof. on aucuunt o[ the indebtedness .ecured hereby whether or not then due and payable, or may apply the sanx or say part thereof towuds the alteration, reconstruction or repair of uid buildings, either to the portion damaged or any otMr portion thereof, or release same to the mortgagor. Such application or release shall not cure or wai_re any default or notice of default ~ere- uader or invalidate any. ad done pursuant to such notice. - . SIX'ITi: That is the event the mortgagor shall fait to procure, maintain and deliver the insirtarice policies, premiums j prepaid. or to pay, as the same become due sad payable. any tax or assessment imposed by law upon said premises or any - - t part therraf, or the Holt, or indebtedness scoured litreby, or to pay any lirn, claim or charge against such premises .which ~ ~ might take p.-ecedence over t)x lien of this nwitgage or to comply with the pravisiuns of paragraph Foarth hereof, .the - ~ - mortgagee may, aithart aotic+e o[ demand, insure any of the buildings and pay the cost of such ensaraiKe and pay say of said taxes. assessments, liens, claims and charges. or say part thereof, ur redeem from the ule of uid premises for any . taxer or assessments (irregularities in the levy or imposition of any tax or assessment being expressly waived), or redeem from the sale of said premises resulting -fr. m thr_ rnforcemrnt of any such lien. ds;m or charge, at exprnd such sums as r may be aecesury to correct the failure of ttie 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 paid with interest t thereon at the same rate as specified m the note sawed hneby un the principal thereof after default sad maturity, and all - f j sums paid bR the mortgagee wrath interest shall become a psrt of the indebtedness secured hereby. and in default of irinmediate rrpatmneat thereof by the mortgagor the whole indebtedness secured hereby shall at the option of the mortgagee i become dire and payable forthanth without notice. - SEVFNPH: That in the evrnt the mortgagor sells or mnveys said premises, or any portion thereof, or, if the mortgagor is a corporation. sells, trades or deposes of more than ................~jf, of its corporate stock to persons other than _ the presait owners. them heirs and qualified directors prior to the time the indebtedness secured hereby shall. have been ~ reduced to =...Q...~..........., then, at the option of the mortgagee. the entire said indebtedness shall become due and payable. ~ EIGHTH: That the mortgagor agrees to day on demuid all exprnses and atMmeys' fees incurred by the mortgagee by reason of litigation.or legal proceedings in which the irw:tgagee is made a party to protect the-lirn of this mortgage sad e~'+ alt nwneys so paid by the mortgagee, including any expense incurred in procuring or continuing abstracts of tick and tick , policies and searching the records for the ptirposes of sirdr litigation, shall bee interest at the ~ rate as specified is the ~ * a'the combined ownership interest of Danforth K. Richardson-and ~r}orie H. '~~chardcor. ~,ii i cwt be reduced,belvw S1~ without the consent of Zhe Equitable Society".