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HomeMy WebLinkAbout1630 TOGETHER with all and singular the buildings and improvements now and hereafter thereon, and together also with all shades. screens and screening, awnings, plants, shrubs, and landscaping, elevators, plumbing material, gas and electrical fixtures and equipment, and all heating, cooling, and lighting fixtures, equipment, and/or apparattt: now or hereafter attached to or used in eonneMion with said premises, all of which shall be deemed realty and conveyed by this mortgage, and all rents, issues and profits which may arise or be had from any portion or all of said premises. TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion or reversions, remainder or remainders, and also all the estate. right, title, interest, homestead, dower and right of dower, separate estate, possession, claim and demand whatsoever, at law as well as in equity, of the said mortgagor in and to the same, and every part thereof, with the appurtenances of the. said mortgagor in and to the same, and every part and parcel thereof unto the said mortgagee in fee simple. AND THE SAID MORTGAGOR does hereby covenant with the mortgagee that said mortgagor is indefeasibly seized of said lands in fee simple; that said mortgagor has full power and lawful right to convey said lands in fee simple, as aforesaid; that it shall be lawiul for said mortgagee at all times peaceably and quietly to enter upon, hold, occupy. and enjoy said lands; that said lands are free from all encumbrances; that said mortgagor will make such further assurances to perfect the fee simple title to said lands for said mortgagee as may reasonably be required; and the said mortgagor does hereby fully warrant the title to said (ands and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS, that if the mortgagor shall pay unto the mortgagee the sum(s) of money mentioned in the certain promissory note(s) secured hereby, in the amount of S 65, 000.00 a copy of which is attached hereto as Exhibit "A" and made a part hereof, and shall duly, promptly and fully perfprm, discharge. execute, effect, complete, comply with and abide by each and every the stipulations, agreements, conditions and covenants of the note and of this mortgage, and of all other collateral agreements, if any, then this mortgage and estate hereby created shall Deese and be null and void and shall be released by the mortgagee at the cost and expense of the mortgagor; otherwise, the same shall remain in full force and effect. AND the said mortgagor hereby covenants and agrees: 1. To pay all and singular the principal and interest and other sums of money payable by virtue of said promissory note and this deed, or either, promptly on the days respectively the same severally become due. 2. To pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nature on said described property, and to furnish the mortgagee with satisfactory evidence of the payment of the same. 3. To pay all and singular the costs, charges and expenses. including lawyers' fees, reasonably incurred or paid at any time by said mortgagee (including fees for appeals, if any) because of the failure on the part of said mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said promissory note and this mortgage, or either. _ 4. To keep the buildings now or hereafter on said lands insured against loss by fire, lightning, windstorm, hurricane or tornado or such other hazards as may be now or hereafter required by the mortgagee in such amount as will be satisfactory to said mortgagee in a company or companies to be approved by said mortgagee, with the said policy or policies to be held by and payable to said mortgagee. In the event any sum of money becomes payable under such policy or politics, the mortgagee shall have the option to receive and apply the same e on account of the indebtedness hereby secured or to permit the mortgagor to receive and use it, or any part E thereof for other purposes.-without thereby. waiving or impairing any lien or right under or by virtue of this mortgage; and said mortgagee may place and pay for such insurance, or any part thereof, without waiving or af- feeling in any manner the option of the mortgagee to foreclose this mortgage for failure of the mortgagor to keep said buildings and other property insured as herein provided, and without affecting any other rights of the mortgagee hereunder. The mortgagor further covenants and agrees to keep the personal property located upon said lands insured in an amount and against such risks as shall be satisfactory to the mortgagee, such insurance being subject to the foregoing provisions of this paragraph. S. To commit, permit or suffer no waste, impairment, or deterioration of said property or any part thereof. 6. Thal in the event of the failure of the mortgagors to pay all taxes, liens, charges, assessments, liabilities, obligations and encumbrances of every nature on said described property, or to procure and pay the premiums on said insurance, or to pay the costs of necessary repairs, or to pay all other costs and expenses including lawyers' fees reasonably incurred or paid by the mortgagee, (including fees for appeals, if any) all as herein provided, the mortgagee shall have the right to pay said taxes. liens, charges, assessments, liabilities, obligations and encumbrances of every nature on said described property, and to pay for or procure and pay for said in- surance, or to pay the costs of necessary repairs onto pay all other costs and expenses including lawyers' fees, (in- x eluding fees for appeals, if any) and all amounts so expended by the mortgagee shall be charged hereunder as principal money bearing interest from date of expenditure at the maximum rate per annum allowed by Florida law, payable when the next succeeding installment of interest herein provided for comes due, and shall with the interest thereon be secured by these presents; but by the payment of any sum hereunder the mortgagee will not be s held to have waived any right accruing to it because of nonpayment thereof by the mortgagor. To perform. comply with and abide by each and every the stipulations, agreement's, conditions and cove- nants in said promissory note and in this deed set forth. 6tmK P~~~e