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HomeMy WebLinkAbout0038 • ' 1' ' t Ibis mortgage is made, lioweret, subject to the folbwing covenants, conditioat and agreements: FIRST: That the mortgagor hereby agrees and covenants to pay the interest and principal hereby secured promptly when due and if default be made. is way pout thereof, or in the paymrnt of any other monies hereby secured. then the same shall, without demand if aortgagee shall elect, bemaie due and payable at Dace wad the mortgage may be foralosed in the magnet provided by law. SEfAND: That the awrtgagor agrees bo pay u the same become due wad payabk all taxes, assessrnerits, wad other charges imposed by hw (irxludiag ditch, canal, reservoir, or other water charges, taxes, or assesstrients) upon said s~u:s'~f.a tss au i a~za.awf staiudiit- tai c uiVii- 'i i3iiCtC3( LiiirCfa aa0 u Lffii [IftTli ifr i(iC iitRC o[ Iiit~iL 7iCZiiiL3i i' I t"' , 8 gs13~, l~ S+S= soured hereby, provided that should the amounts paid for the mortgagee under this ~aragcaph Eor such tames, assessments ' wad other charges together with the interest on the indebtedness exceed the highest interest me permitted by law on the indebtedness then owing, mortgagor shall not be liabk to pay any_of such excess over the highest lawful nte. In the went 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 way lien thereon or dnaging in any way the existing laws for the taxation of mortgages or debts secured by mort- gage for state or kcal Jpacpoaa or the manner of the collation of any such taxes, so u to affect this mortgage. the holder of this moctga~e wad of die debt ~rhich it secures, shalt have the right to give six (6) months' written notice to the Darner of said land regw the payment of the satire indebtedness secured hereby, and it is hereby agreed that if such notice be given the said lad ~getileiaess shall become due, and collectible at the expiration of said six (6) months. THIRD: That the mortgagor a to pay all other debts that ue wow or may become liens u~oii or durges against said premises, and not to pernut any lien of any kind to ucrue and remain on said premises, or the improvements thereon, which might take precedence over the lien of this mortgage. The mortgagor further agrees not to create any lirn on uid premises Inaior 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 secunty afforded hereby mad, without consent of such person and without any obligation to give notice of any kind thereto, be extended, reextended, ucelerated, susprnded and refunded on any ternu whatsoever without in any manner affecting the priority of the lien hereby created u security for the payment of the indebtedness secured 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 rnndition and repair and not to commit or suffer waste thereof; M operate all lands, whether improved pastures, orchards, gruing, timber, or aoP (ands, in a good wad husbandmanlike manner in accordance with acceQted principles of sound agricultural and forestry pncticts; to take aU reasonabk preautions to control wind and water erosion: to fertilize improved pastures, if any, where necessary to maintain a good stand of dtsirabk grasses; to protect orchards and timber, if any, by reasonable precautions against loss or damage by fire including the maintenance of appropriate fire br+~ks: and neither to remove nor permit the - ~ removal of way timber, buildings, oil, gas, mineral, stone, rock, clay. fertiliur, 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 u the mortgagee may desire, to determine the mortgagor's compliance with the covenants rnntained in any clause of this mortgage. FIFTH: That the mortgagor agrees to procure, maintain and deliver, premiums paid, to the mortgagee policies of insurance against such hazuds on the buildings now or hereafter located on said premises u the mortgagee may from time to time require, in such companies and in such amount and form and with such loss payable clauses u shall be satisfu- =o Ito the mortgagee. The mortgagee is authorized to auign and deliver said policies to any purchaser of this mortgage or pr~isu at arty fo:-eck~re sale. In event of loss the rrwrtgagce :s expressly authorizcci and cm- pow to settle or compromise claims under said policies, and the proceeds from uid policies u well u 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 aaount of the indebtedness secured herebtr whether or not then due and payable, or may apply the same or any pzrt thereof towuds the alteration, reconstnxtion 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- under or invalidate way act done pursuant to such notice. ~ SIXTH: lbat in the event the mortgagor shall fail to procure, maintain and deliver the insurance policies, premiums prepaid, or to pay, u the same become due and payable, any tax or usessment imposed by law upon said premises or any part theregf, or the note, or indebtedness secured hereby, or to pay any lien, claim or charge against such premises which might take precedence over the lien of this mortgage or to comply with the provisions 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 uid premises for any taxes or assessments (irregularities in the kvy or imposition of any tax or usessment being expressly waived), or redeem s froru the sak of uid premises resulting from the enforcement of any such lien. claim or charge, or expend such sums u E may be necessary to correct the failure of the mortgagor to comply with the provisions of said puagraph 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 u specified in the note secured hereby on the principal thereof after default and maturity, and all sums paid by the mortgagee with interest shall become a part of the indebtedness sauced hereby, and in default of immediate repayment thereof by the mortgagor the whole indebtedness secured hereby shall at the option of the mortgagee become due and payable forthwith witlwut notice. SEVFNI'I~f: 1?iat in the event the mortgagor sells or conveys said premises, or any portion thereof, or, if the mortgagor is a corporation, sells. trades or disposes of more than of its corporate stock to persons other than the present owners, their heirs and qualified directors prior to the time the indebtedness secured hereby shall love been - reduced to =.....p„pp........., then, at the option of the mortgagee, the entire said indebtedness shall bonnie due and payable. EIGHTH: That the mortgagor agrees to pay on demuid 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 protect the lien of this mortgage and all moneys so paid by the mortgagee, including any expense incurred in procuring or continuing abstracts of tick and tick polices and searching the raords for the purposes of such litigation, shall bear interest at the same rate u specified in the