HomeMy WebLinkAbout1229 AND the mortgagor does hereby covenant with the Association that it
is indefeasibly seized of said land in fee simple; that it has full power
and lawful right to convey said land in fee simple as aforesaid; that it
shall be lawful for the Association at all times peaceably and quietly to
enter upon, hold, occupy and enjoy said land; that said land is free from
all encumbrances; that it will make such further assurances to perfect the
fee simple title to said land in the Association as may reasonably be re-
quired; and that it does hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever.
PROVIDED ALWAYS that if the mortgagor shall pay unto the Association
the principal indebtedness evidenced by that certain promissory note of
_ even date herewith, in the sum of E161 000 ~ principal and interest being
payable in monthly installments beginning December 10, 1980, the last of
which being due on November 10, 2005, made by the mortgagor and payable
to the Association; and shall perform, comply with and abide by each and
every the stipulations, agreements, conditions and covenants of the pro-
missory note and this. mortgage, then this mortgage and the estate created
hereby shall cease and be null and void.
AND the mortgagor does hereby covenant and agree:
1. To pay all and singular the principal and interest and other suns
of money payable by virtue of said promissory note and this mortgage, or
either, on the days respectively the same severally became due.
2. To pay all and singular the taxes, assessments, levies, liabili-
ties, obligations and encunbrances of every nature on said described pro-
perty when due and payable according to law, before they become delinquent,
and if the same shall not be promptly paid, the Association may at any time
either before or after delinquency pay the same without waiving or affect-
ing the option to foreclose, or any right hereunder, and every payment so
made shall bear interest fmm the date thereof at the rate of fifteen per
cent (15) per annun.
3. To keep the buildings and all equipment and personal property now
or hereafter constituting a part of said prem~i ses covered by thi s mortgage
insured in a s un equal to at least the amount of the mortgage, or an amount
sufficient to comply with any co-insurance requirement covering the same
under the laws of the State of Florida, covering loss from both fire and
storm, making the loss under said policies, each and every, payable to the
Association, as its interest may appear, and said insurance shall be in a
good and responsible insurance company satisfactory to said Association,
E and written by a responsible local agent satisfactory to said Association;
j and the policy or policies shall bear a standard New York mortgage clause
f without contribution, and shall be held by the Association; and, in the
event any sun of money becomes payable under such policy or policies, the
Association shall have the option to recei-ve and apply the same on account
of the indebtedness hereby secured, or to permit the mortgagor to receive
and use it, or any part thereof, for other purposes, without thereby waiv-
ing or impairing any equity, lien or right under and by virtue of this
mortgage; and the Association may place and pay for such insurance, or any
part thereof, without waiving or affecting its option to foreclose, or any
right hereunder, and each and every payment so made shall bear interest
from the date thereof at the rate of fifteen per cent (15) per annum.
4. To permit, commit or suffer no waste, impairment or deterioration
of said property, or any part thereof, and upon the failure of the mortgagor
to keep the improvements on said property in good condition of repair, the
Association may demand the immediate repair of-said improvements or the im-
mediate repayment of the debt hereby secured, and the failure of the mort-
gagor to comply with said demand of the Association fora period of thirty
~ (30) days, shall constitute a breach of this mortgage, and, at the option
r of the Association, immediately mature the entire amount of principal and
~ interest hereby secured, and the Association, immediately and without notice, ~
l may institute proceedings to foreclose this mortgage and apply for the ap-
pointment of a Receiver, as hereinafter provided; or the mortgagee may make t
and pay for such repairs as in its discretion it may deem necessary for the
proper preservation thereof, and .the full amount of such payments shall be
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