Loading...
HomeMy WebLinkAbout0960~~~~~ 50 Fa~~ ~~fi and remedies, at law or in equity, and this mortgage may t~o7e: d~d"WiNt'a!F't•iEiTb-and remedin afforded by tine laws of i~lorida and Mortgagor shall pay :,ii costs, charge+ and expenses thereof, including a reasonably attorney's ice. i9. If defauit be made in payment, when due, o[ any indebtednru secured hereby, or in performance of- any of Mort- gagor's obligations, covenants or agreanenq hereunder: (a) Mortgagee is authorised at any time, ,vithottt notice, in iu sole discretion to enter upon and take poueuion of the premises or any part thereof, to perform any acts Mortgagee deems neceuary or proper to consen•e the security and to collect and receive all rents, iuues and profits thereof, ~ncluding those past due as well as those accruing ~herea[ter, and (b) Afortgagce shall be entitled, as a matter o[ strict right and without regard to the value or accupanry of the security, to have a receiver appointed to enter upon and take possession of the premises, collect the rents and profits therefrom and apply the same as the court may direct, such receiver to have all the ri; tits and powers permitted under the laws of Florid-.. Tn either such case Mortgagee or the receiver may also take possauion of, and for these purposes use, any and a^ personal property contained in the premises and used by Mortgagor in the rental or leasing thereof or an}' part thereof. The expense (inclu'ing receiver's fees, counsel tees, costs and agent's compensation) incurred pursuant to the powers herein contained shall be secured hereby. Mortgagee shat: (after payment of all costs and expenses incurred) apply such rents, issues and ~~rofits received by it on the indebtedness secured hereby in such order as Mortgagee determines. The right to enter and take possession of said property, to manage and operate the same, and to collect the rents, iuuts and profits thereof, whether by a receiver or otfier- wise, shall be cumu~tive to any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. Mortgagee shat: be liable to account onl}• for such rents, issues and profits actually received by Mortgagee. 14. If the indebtedness secured hereby is now or hereafter further secured by chattel mortgages, pledges, contracu of guaranty, assignments o[ leases, or other securities, or if the premises hereby encumbered consists of more than one parcel, 1•tort- gagee may at its option exhaust any one or more of said securities and the security hereunder, or such parcels of the security hereunder, either concurrently or independently, and in such order as it may determine. 15. No delay by Mortgagee in exercising any right or ready hereunder, or otherwise afforded by law, shall operate as a waiver thereof or preclude the exerciu thereof during the continuance of any default hereunder. No waiver by Mortgagee of any default shall constitute a waiver of or consent to subsequent defaulu. 16. Without affecting the liability of any person (other than any person released pursuant hereto) for payment of any indebtedness secured "Hereby, and without affecting the priority or extent of the lien hereof upon any property not specifically released pursuant hereto, Mortgagee may at any time and fror. time to time, without notice and without limitation as to any legal right nr privilege of Mortgagee: (a) Release any person liable for payment of any indebtedneu secured hereby. (b) Extend the time or agree to alter the terms of payment of any of the indebtedness. (c) Accept additional security of any kind. (d) Release arty property securing the indebtedneu. (e) Consent to the creation of any easement on or over the premises or any covenanu restricting ur or occuputcy thereof. 17. Any agrocment hereafter made by Mortgagor and Mortgagee pursuant to this mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance. 18. Mortgagor hereby waives all right of homestead exemption in the property subject to this mortgage. t9. The covenants and agreements herein contained shall bind and the benefits and advantages shall inure to the respec- tive heirs, executors, administrator, successor and assigns of the part?ts hereto. Wherever rued, the singul:r number shall include the plural, the plural the singular, and the use of any gender shall be applicabte to all genders. All covenanu, agreemenu and undertakings shall be joint and several. In the event additional numbered covenants ate for convenience inserted in this mortgage following the legal description, such additional covenants shall be read and given effect as though following this covenant in con- secu'ive order. IN WITNESS WHEREOF, the said Mortgagor--, )dabs) $~. ;~elukie •• ;~41S3.9W- h. hereunto set hPr hand-- and seal- the day and year first above written. Signed, se led and delivered i 7the prexnce of: w %; i- Y .,fie ~ J .~ Llabel H. I,enkie ~SEAL~ STATE OF~~ a/ _,1~ as ~i~' COUNTY OF ]lIX1i~ ~ ES ~ CK ~Y!_ I, an officer authorized to take acknowledgments of deeds according to the laws of the State of/t~o~duly qualified and acting. HEREBY CERTIFY that 1S'TAbB~ N • T $ ;' ' a widQy~ to me personally known, this day personally appeared and acknowledged before me tkat _$YiE-_ executed the foregoing Mort- gage, and I FURTHER CERTIFY that I know the said person-_ making said acknowledgment to be the individual- dcscribcd in and who executed the said 1`fortgage. is known to me to be the wife of said and ti,at she this day acanowicdged to ar_d before me, separate om her said husband, that she executed the said Mortgage Deed for the purpose of renow~cing and relinquishing her cower ana' and _ ate ests.e ra are- to the lands therein described, and that stir executed the saute frcely and voluntarily and without comp'` . , ~ ~ /„ -fin ' ~_..-..- h: WITNESS _4yHEREOF, Y he eunto set my hand and official seal at ,,_ ~td _ ~ and State. this ~_ day of --- -- ---- - A. D., 1 /" ~ ~ ,~ ;y sC-,~, . ~'TlIAY ~18~.;C _ NEW 1EASE1t - _ No:ary Fubtic s; ; .. .;:'~,;:;- . 11>< COMM!~N AiKi. ~0; 1f67~'~ ,r .~ ~p~ a•'~ L~ My commission expires --- - 6~ a`''~' r•~ V .. .. - ..