HomeMy WebLinkAbout0212 curred by ~iortgagee in connection ~vith rnq suit to enforee collection or to foreclost this mortges~ee in the event
thi9 mortgage and the notc or other indebtedneaa and amounts henby aeeured be plactd it~ the hauds of w attorney
for callection, and for the paymtat of all sucb amounta this mortgage shall stxnd as security and any su..h sum or
sums so paid ahali become a part of the indebtednesa secured hereby.
T. In ease blortgagar shall faal to pmmptl~ dischargre sny obligstian or covenaut as procided herein,
l~iortgagee shall have the option, but no obligation, to perform on behalf of biortgagor. Any amount which l~fort-
gagee maq ezpend in performing euch act or in connection therewith, with interest thereon at the rate of eight
per cent (8~'fo) per annum, together with all ezpenst3, inclnding reasonable attorney's fees incurred b;~ :liortgaRee,
3ha11 be immediately payable by 11~ortgsgor end shall bq seenred by this mortgage, and ~ltortgagee shall be subro-
~ated to any rights, equities or liens so diseharged.
8. That if the principal or intereat on the note herein deacribed or nn~ part of the indebtedness secured
hereby or interest therean be not paid when due, or if A~fortgagor shall fail to pay anr ta:es, assessments, charges,
or impositions as the same become due nnd payable, or if default be made in the full an~ prompt performance
of any co~r.nant or agreement herein conisined, nr if any proceedings be instituted to abate any nuisance on the
'~iortgaged Premises ar if any proceedings be instituted which might result to the detriment of the use and
enjoyment of the premises, or if ~fortgagor shall muke an nssignment fox the benefit of creditars, or if s re-
cei~•er, liquidator or trustee of ~iortg+?gor or any of Iltartgagor's groperty be appo'snted, or if biortgagox is adjndi-
cate3 a bankrupt ar insalvent or any of the property of 14iortgagor be sequestered, or if Mortgagor files or
consents to Lhe filinR of anv petition or procceding under the National Bankruptcq Act or simiiar State or
Federal Stntutes, as now or hereafter in effect, or if such petition or procee~ing is filed against MortRagor and
not dismissed vvithin siztq (60) deys after sueh #iling, or ii Mortgagnr shall ac~mit insbility to pay debts as
they become due, or if Mortgagor be s corporation, if its directors or stockholders shall institute or consent to snp
proreedings for the dissolution or liquidation of Iliortqxgor or fail to do all things necessnry to maintain the
existence uf Mortgagor, or if any law shall be enected or decision rendered by any court of last resort imposing
any taz or sssessment not now in effect upon this mortgage, or the note secured hereby, or any interest of 111ort-
gagee in the lOfortgaged Premises, or rendering inoperative the undertakings of bfor4gagor to pay all taaes
arising as a result of this transaetion other than taaes on the intereak income herefrom, or which results in the
deduction fmm values of lands, for taz purposea, of the amount of snv lien hereon, ar altering the laws for the
tazing of mortgag~es or debts secnred thereby, then on the happening of any one or more of these even#s, Ehis
con~•eyance shall become absolute and the whole indebtednes secured hereby shall immediately became due and
payable at the option of ~iortgagee and thia mortgsge may thereupon be foreciosed for the whole of said mone~~,
interest and C09C9~ or biortgagee may foreclose only es to sums past due yvithout injury to this mortgsge or the
displacement or impairment of the remainder of the lien thereof, and at such foreclosUre sale the propertq
shali be sold subject to all remaining items of indebtedness and the biortgagee may again foreclose in the same
manner ss ~ften as there may be any sum past due.
9. If at any time after default by Mortgagor a receivership map be necessary in the opinion of Mortgagee
to prntect the lien hereof, or at the time of or after the institution of suit to collect the indebtedness hereby secured,
or to foreclose this mortgage, liortgagee ~hall, as an a~lmitted equity and as a matter of strict rig6t and regard-
less of the ~alae of the propert~, or the sol~eney or insolvency of 4tortgagor or anv party bound for the pafinent
of the indebtedness hare the right to appoint, on ez parte application and without notice to anyor.e bv any
proper court having jurisdir.tion, of a receiver, v~hich recei~~er shall ha~•e all of the broad and effectiee powers
anc3 funetions in any wise entrusted bq tbe court to a recei~•er to take charge of, manage, preserve, mainta~n,
care for and proteet the Biortgaged Premises and to collect rents, issues, proceeds, produce, profit, income and
revenues of the :~tortgaged Premises from whatsoever source dericed; to make all necessary or needful repairs
and to cultivate, operate, dust, prune, fertilize, lime, drain, irrigste and protect from damage by fire, the timber,
fields, pastures, orchards, citrus gror•es and ail other agricultural developments located on the 1lfortgaged Premises
and to market the products thereof and receive and collect the proceeds thereof and such recei~•ership shall, at
the option of :~iortgagee, continue until the full payu~ent of ell sums herebr secured, or until title to the \fort-
ga~ed Premises shall ha~~e passed on sale »nder s foreclosure of this mortgagz.
Ir Is AaeeeD that grnnting an~ ezf,ension of time of pa3~cnent of anf sum coming due under the note aforesaid
or under this mortgage, to an~ person, or the taking af otl~er or additional security for the pafinent thercof,
the wai~•er of, or failure to esercise, any right to mature the whole debt o* uny' other waiver b~ Jiortgagea shall not
in anv ~sise affect this mortgage or the rights of ?liortgagee hereunder, or operate as a release of any li~bilit~ ~r
anc co~•enant oT stipulation iierein contained. The se~•eral rights and remedies in this mortgage cuntained, ~~rovided.
deelsred or suthorized, s}rall he canstrued and deemed as cemulati~'e and no one or more of them as exclusire nf
the other or any of the others or of any ri~hts or remedies wl~ich no~~ or hereafter may be given or allowed be la~c.
~ Jfortgagor uncondifionally grants to Mortgagee the ri~ht to enter upon ansf inspect the biortgs~ed Premises
at all reasonable times.
The words "Mortga~or" and "Mortgagee" when us:d }ierein shali be taken to include the singut+r anci plural
numher and rnasct~line, feminine or neuter gender, as mav fit the case, and shall include the heirs, administr:~ters,
executors, successors and assigns of Che parties hereYo. Each and all of the terms and provisions hereof shall ex-
tend to and be a part. of any renewal or extension of this mortgage. Tn the e~ent that there is more than one
mortragor, then, at the option of :~lortgagee, any aet or action by, on b~half of or against either ~ortgagor, shall
hace the sa~ne effect as though b~, on behalf of or against ali mort~agors.
'I'his mort~age and the note secured hereby constitute a Florida contract and shall be construed according
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