It is a common clause in contracts that essentially relieves all parties from liability or obligation in the event of an occurrence of extraordinary circumstance…an “Act of God” as they say…that cannot be anticipated or is beyond the control of the parties, which prevents one or all parties from fulfilling their obligation under the contract.
“…Subject to all valid easements, rights of way, covenants, conditions, reservations and restrictions of record, if any. To have and to hold the same, together with all the buildings, improvements and appurtenances belonging thereto, if any, to the Mortgagee and Mortgagee's heirs, successors and assigns forever. Mortgagor covenants with Mortgagee that….”
Blah, blah, blah. On and on it goes. What in the world does that mean? Little wonder people sign this stuff without even reading it. If not for an ulterior motive, why would anyone use so many words to tell you, “Pay up or get your clothes taken off your back.”
“The human heart is the most deceitful of all things, and desperately wicked. Who really knows how bad it is?” Jeremiah 17:9
Our humanness, like dark clouds, shrouds everything we do. Inherent in every contractual agreement we enter into is the lurking intent to renege and defraud. It is as though we have to fight, with every fiber of our being, against our inner urgings not to stay true to our words. We embrace any and every excuse that enables us to break promises without any repercussions. We build caveats, and bury clauses into agreements to cover up our innate tendency for perfidy.
It is the human nature…an inborn error to mess up. It is the flesh at work.