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HomeMy WebLinkAbout1325 A~~ the mortgagor does hereby covenant with the mortgagee that it is indefeasibly seized of said land i~ 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 mortgagee at all times peaceably and quietly to enter upon, hold, occupy and enjoy said land; that said land is free from all encumbrances, except those listed on Schedule "B" appended hereto and by thi5 reference incorporated herein; that it will make such further assurances to perfect the fee simple title to said land in the mortgagee as may reasonably be req~~irA~; and that it does hereby fully warrant the title ~~ said Iand 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 principal indebtedness evidenced by that certain promissory note of even date herewith, maturing 36 months from date, made by the mortgagor and payable to the mortgagee in the principal sum of Five Million Five Hundred Thousand Dollars ($5,500,000), the interest in said note stated being payable in monthly installments beginning ~ May 1 1981; and shall perform, comply with and abide bv each and every the stipulations, agreements, conditions and covenants of the promissory 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 sums of money payable by virtue of said promissory note and this mortgage, or either, 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 when due and payable according to law, before they become delinquent, and if the same shall not be promptly paid, the mortgagee may at any time either before or after delinquency pay the same without waiving or affecting the option to foreclose, or any right hereunder, and every payment so made shall bear interest from the date thereof at the rate of 16 per cent per annum. 3. To keep the buildings and all equipment and personal property now or hereafter on said premises covered by this mortgage insured against loss by fire, windstorm and such other casualties as may be required by mortgagee, in amounts and in a company or companies satisfactory to the mortgagee; and the policy or policies shall bear a standard New York mortgage clause without contribution, and shall be held by the mortgagee; and, in the event any sum of money becomes payable under such policy or policies, the mortgagee shall have the option: ~ a. to allow mortgagor to use the same in the restoration and repair of the improvements damaged if, in the judgment of mortgagee, the security of this mortgage would be restored or enhanced thereby; or b. to receive and apply the same on account of the indebtedness hereby secured; without thereby waiving or impairing any equity, lien or right under and by virtue of this mortgage; and the mortgagee may place and pay for such insurance, or any part thereof, -2- i i t ~ ~ ~:~;; ~ . . . -_ . - _ . - FEE. KOBLEGARD & TEEL. P. A. AITORN[YS AT LAW POfT OFi1C[ 90X 1000 iORT PI[RCE, FIORIDA ~3~dI Ts~~.MONS: (~Odl 461•5020 ~^;rK349 ~a~~13?~