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HomeMy WebLinkAbout1642 l _ of aiiy of the terms, covenants or agreemente of thia mortgage, ~hen in any or either of r~aaid eventta, the whole of the ~ inaebtedne~s hereby serure~i, at the option of the mortgagee or the legal holder of eaid inc~ebtednees, ~hall become imme- distely due and payable without notice, ur in the event of the pa~age sft~er the dste of tt~is mortgage oI any IaH of the ; State of Florida de~iucting from thP value af land far the purpoee of taxation any lien thereon, or changing in any «ay ' the laws now in force for thE taxation uf mortgagea or debts secured by mortgagea for State or local purpo~s, or the ~ " manner of the cullection of any such taxation ao as to atiect this mortgage adversely, the hslder of this mortga~e and of the de'bt v~'hich it secure~?, shall have the right to give thirty days' ~vritten notice to the owner of the granteci premises mquiring the payment af the mortgage debt, and it is hereby agreed thet, if such notice be given, the said debt shall s t,ecome due, payable and collectible at the expiration of eaid thirty days, and upon the mortag~e indebtedu~s becom- ; ing due and pay~ble as heretofore provided, the mortgagor shall refrain from collecting and neceiving ali rent~ accruing ~ as aforesaid and upon notice from the mortgagee all teaants ahall thereafter pay such rents to the mortgagee, and any payment made otherwi~e shsll not diecharge the ohligatians of such tenant~, and Lhe mortga~ee may immediately cau~e ` this mortgage to be fot~ecloeed in the manner prescribed by law, and upon commencement of foreclaaure praceedings 5ha11 be entitled to h~~•e a receiver appointed, whether the mortgag~,*d premisee are homest~d or not and without proof uf ~ny other grouna for his appointment Lhan the said default, to take pc~eeaion and charge of the morttgaged premises, to rnnt the same and receivE and coliect the rents, issues and prafits thereof, under direction of the court, and sny amount so collected by such receiver shttill tre applied under direction of the court to the payment of any judgment rendered, ? or amount~s founc; due iapon foreclosure of this rnortgage including the coat of collection and reasonable attorney's fees; k and, in Lhe event of any def~ult or defaults in the payment of the indebtedness hereby secured, or of any installment t thereof, or of interest thereon, or in Lhe performance or obaervance of any of the terma, covenants or agreements herein contained, the mortgagee ehall have the right forth~~ ith after any such default to enter up~n and take pae~exsion of said mortgaged premises and to let said premises and receive tlie re~ts, issues and profits thereof, and apply the same, after payment of all necesKSry charges and expen~ea, on account of the indebtednc~ hereby secured. The praceeds of said foreclosure shall be applieci, first, to the expenses incurred her~under, incluc~ing a reaaon- : able attorney's fee for such services as may be rendered for the coliection of said indebtedneas and the foreclosure of a. this mortgage; second, to t.he payment of whatever sum or sums the mort,gagee may have paid or become liable to pay in carrying out the options, terms and stipulations of this mortgage, together with interest thereon; third, it.o the pay- ment and satisfaction of said note; and fourth, the surplus, if any, shall be paid to the mortgagor or otherwise as the court may de~ree. The mort.gagar hereby agrees that, in the event martgagee shall place the note hereby secuced in the hands of an attomey after default or after maturity for collection or for forecla3ure, he will pay such ressonable at#,omey's fees as are authorized by la~v, together with the cost of extending the abstract and ali court costs and all expense~ properly ; paid or incurred hereunder, and aame are hereby secureci. x. The mortgagor hereby assigns, tran.gfers and conveys unto the mortgagee, its successors and assigns, the rent,s g accrued and to accrue from ~11 tenants in cecupancy of the mortgaged premisea, or any part thereof, ineluding rentals = and royaltiee under oil, gas and mineral leae~, if any, during the l~fetime of ihi~ martgage, it being underatood that as long as there ia no default in the performance or ~bservance of any of the covenants or agreements herein contained the mortga.gor shall have the privilege of .coUecting and receiving all rents aceruing under lea~es or contracts of tenancy ~ for the mortgaged premises or any part thereof. s The mortgaged premises being located in the State o£ Florida, this mortgage and the rights and it~debtedness ; hereby secured shall, R~ithout regard to the place of contract or payinent, be construed and enforced aceording to the ~ law-s of the State of Florida. Notwithstanding any provision herein or in eaid note, the total liability for payments in the nature of interest s sh~.ll not exceeci the limits now impoeed by the usury lawg af the State of Florida. IN ~VIT\TE~.~ WHEREOF, the said martgagors have hereunto set their hands aad seals this 16tb,day of June, 1965. ~ •Y ! t 3 Signed, sealed and delivered in the pr~~nce of - . _ a _ - - - - - - (BEAL) ' ~~~-!~J--- :r - - - - - S C GaY • ; G~•?r/ -----~~l~-.~•-~~- G./-- ~ ~~---(SEAL) --g et S. Gay----- - --------------(SEAL) f _ --------------~------------(S~AL) STATE UF FI.URID.~ QO(~'NT'Y OF ST. LUC~ ShEl iit A. P`Lke , an afficer duly sut,horized to t~ce ~eknowledgments in and for said State ~md County, do hereby certify that ~'i C. ~GAY ~d MA~ET S. GAY, , his ~rife, hoth of ~rhom are to me well known, and known to me to be the indzv~duals deecnbed m ? and who exec~ited the foregoing inatrument, peraon~lay appe,~r~ before m~ this day aud did aever~ally acknowledge i to and before me that th~ey executed said instrument for the purpo~es therein e~reaeed; and the esid MargaYet S. Gay ~'~'ell known to me to be the wife c,f said Sem C. Gay , upon - g~~K i20 44~