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HomeMy WebLinkAbout0423 1 4 f authority to convey, mortgage and encumber the same as provided herein= that Mortgagee may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Land and real property hereby mortgaged and every part thereof] that the Land, real property and all existing personal property hereby mortgaged or made subject to the security interest hereby created is free and clear of all liens, security interests, charges and encumbrances whatsoever, except for the lien for property taxes not yet due and payable and those permitted encumbrances, if any, described in the Loan ~ Agreement (defined below). Mortgagor shall and will make t such further assurances to perfect Mortgagee's fee simple ~ title to the Land and the real property hereby mortgaged, and the title to the personal property hereby mortgaged or made subject to the security interest hereby created as may reasonably be required. Mortgagor fully warrants the title to the Land, real property and all existing personal pro- perty hereby mortgaged or made subject to the security interest hereby created and every part thereof, and will forever defend the same against the claims of all persons whomsoever. 1.03 Zo~nin~. Mortgagor covenants and warrants that all applica-bee-zoning laws, ordinances and regulations affecting the. Land permit the use and occupancy of the Improvements. 1.04 Taxes and Liens. 3 (a) Mortgagor shall pay promptly, when and as due, and .shall promptly exhibit to Mortgagee receipts for the payment of, all taxes,~assessments, rates, dues, charges, fees, levies, fines, impositions, liens for unpaid withholding taxes, liabilities, obligations and encumbrances of every ~ kind whatsoever now or hereafter imposed, levied or assessed upon or against the Mortgaged Property or any part thereof,- or upon or against this Mortgage or the indebtedness or other sums secured hereby, or upon or against the interest of Mortgagee in -the Mortgaged Property, as well as all income taxes, assessments and other governmental charges levied and im osed b the United States of America or an i P Y Y state, county, municipality, borough or other taxing auth- ority upon or against Mortgagor or in respect of the Mort- ; gaged Property or any part thereof, and any charge which, if ! unpaid, would become a lien or charge upon the Mortgaged Property prior .to or equal to the lien of this Mortgage before they become delinquent and before any interest attaches or any penalty is incurred. (b) Mortgagor shall not permit or suffer any me- chanics', laborer's, materialmen's, statutory or other lien which might or could be prior ~ or equal to the 1 ien of this Mortgage to be created or to remain a lien upon any of the Mortgaged Property. (c) If any state, federal, municipal or other govern- mental law, order, rule or regulation, passed subsequent to the date hereof, in any manner changes or modifies existing laws governing the taxation of mortgages or debts secured by ~ mortgages, or the manner of collecting taxes so as to adversely affect .Mortgagee, the entire balance of the sums . secured by this.. Mortgage and all interest accrued thereon 1 S • ~ -5- ~ ~r~ 600K~ PdGE A~tIGJ i MANONEY ('(ApLOW 6 ROAMS, 1401 AMERIFIRST BUILDING, MIAM1, FLORIpA 3311 TEL. (305) 358-5550 ~