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HomeMy WebLinkAbout2053l). R. ~ 51 F~6E6~~ B(1..K or obeen•ance of any of the terms, coveu~nts ~~~~ eii~q~,th~elr~ortgage, then in any or either of said events, the whole of the indebtecines.. hereby secured, t h o~lt n of tie ot-tgagee or the Icgal holder of said indebted- ness, shall become immediately duo and payable n-ithout notice, or in the event of the passage after the date of this mortgage of any law of the State of Florida deducting from the value of land for the purpose of taxation any lien thereon, or changing in ant way the laR~s now in force for the taxation of mortgages or debts secured by mortgages for State or local purposes, or the manner of the collection of any such taxation so a.9 to affect this mortgage adversely, the holder of this mortgage and of the debt which it eecur+es, shall have the right to give thirty days' written notice to the owner of the granted premises requiring the payment of the mortgage debt, and it ie hereby agreed that, if such noti~~e be given, the said debt shall become due, payable and collectible at the expiration of seid thirty days, and upon the mortgage indebtedness becoming due and payable as heretofore provided, the mortgagor shall retrain from collecting and receiving all rents accruing as aforesaid and upon notice from the mortgagee all tenants shall there- after pay such rents to the mortgagee, and any payment mode otherwi.•e shall not discharge the obligations of such tenant, anti the mortgagee may immediately cause this mortgage to be foreclosed in the manner prescribed by law, and upon commencement of foreclosure proceedings shall be entitled to have a receiver appointed, whether the mortgaged premises are homestead or not and without proof of any other ground for his appointment than the said default, to take possession and charge of the mortgaged premises, to rent the esme and receive and collect the rents, issues and profits thereof, under direction of the court, and any amount so collected by such receiver shall be applied under direction of the court to the pa}•ment of any judgment rendered, or amounts found due upon fora closuro of this morigaga including the cost of collection and reasonable attorney's fees; and; in the event of any default or defnults in the payment of the indebtedness hereby secured, or of any installment thereof, or of interest thereon, or in the pertorniance or observance of any of the terms, covenants or agreements herein contained, the mortgagee shall have the right forthwith after any such default to enter upon and take possession of said mortgaged premises and to let said premises and receive the rents, issues and profits thereof, and apply the same, after pa}•- ment of all neces.~sry charges and expenses, on account of the indebtedness hereby secured. The proceeds of said foreclosure shall be applied, first, to the expenses incurred hereunder, including a reason- able attorney's fee for suc'~ zervicea as may be rendered for the collection of said indebtedness and the foreclosure of this mortgage; second, to the pa}•ment of whatever sum or sums the mortgagee map have paid or become liable to pay in carr}•ing out the options, terms and stipulations of this mortgage, together with interest. thereon; third, to the pa}•ment. and satisfaction of said note; and fourth, the surplus, if any, shall be paid to the mortgagor or other- wise as the court may decree. The mortgagor hereby agrees Lhat, in the event mortgagee shall place the note hereby secured in the Bands of an attorney after default or after maturity for collection or for foreclosure, he will pay such reasonable attorney's fees as are nuthorized by law, together with the cost of extending the abstract and all court costs and all expenses properly paid or incurred hereunder, and same are hereb}- secured. The mortgagor hereby assigns, tr3n.4fers and conveys unto the mortgagee, its successors and assigns, the rents accrued and to accrue from all tenants in occupanc}• of the mortgaged premises, or an}• part thereof, including rentals and royalties under oil, gas and mineral leases, if any, during the lifetime of this mortgage, it being understood that ns long as there is no default in the performance or observance of an}• of the covenants or agreements herein contained the mortgagor shall have the privilege of collecting and receiving all rents scenting under leases or con- tracts of tenancy for the mortgaged premises or an}• part thereof. The mortgaged premises being located in the Mate of Florida, this mortgage and the rights and indebtedness hereby secured shall, without regal to the place of contract or payment, be construed and enforced actor]ing to the laws of the State of Florida. \'otnithstnnding any provision herein or in said note, the total liability for payments in the nature of interest shall not exceed the limits now impoccd by the usur}• iatvs of the Ftate of Iorida. ~tt ~itncgg ~fjtccof, thR said mortgagors have hsrtt>tnto ee# their heads and seals this Ijtn daT of De~e~nber, 1~~2. Signed, seal and delivered in the presence of ~7- /; - - - - - (~Gl~/ --------, c. STATE OF FLORIDA COUNTY OF St. Luoie ~' f Eobsrt L. Hsrriss , ~'di~gi.sliat T. Harries . ----------------------------------------(sr aL) ----------------------------------------(SI.AL) I, S AIl2 ~+ • ~~;~/ , an officer duly authorized to take acknowledgments in -and for said St••ttr. P-nd County, do hemby certify that $OB~R'P L. SA&RZS$ and YIRCSIHIA `P. HARRI$A ,his wife, both of whom are to me well known, and known to me to be the individuals described in and who executed the foregoing instrument, personally appeared before me this day and did severally acknowledge to and before me that they executed said instrument for the purposes therein expressed; and the said VIRQ7.~fIA ~~ g~gjgg ,well known to me to be the Rite of said gp$~ j,~ gp~Ig$ ,upon