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Home My WebLink About2582 ~ ' . And thr a?id mort~or doa~ ha~aby aer~anaak pr~om~uso. aad a~xw !o and with tba ssid mort~s~es ss tollow~: FIR9T: 'Pbst said nwrt~or will pr~ to raid mortsa~es tbe nota or oWisation hereinbaiore rafernd to and th~ indebLednaas rad inLare~t evideaced t6araby, and aq otber ~wns eecured henb7. e~ch wnd e~ery. Pro~?PL1Y upoa tM da~ys reapeeti~eJy t!N eanos sevar~Uy becoms due; and aill dufs. Proaiptly and fully eompiy wilh, keep and p~rlorm all th~ cove,ianq ~nd a~reeo~entr in suid note ar obli~ation and in tt?w mort~i~e in manaer ~nd lorm as tAoreia set ont; and will not cammit or ~user any atrip. impairmeat, deteriontian or waate of esid mort~a~ed property, and v?ill pa~ all coats, chsr~, abstraet ie~ and ezpnaaer, iacludint attorney's fess, whieh the morl~a~ee ms3' uscur in collectin~ W rum bereby securad, ia ~aforein~ ~ay coveaanL herein contsined or in protectin~ th~ mort~~ •~ecurih?. whether by wit or otDer~ri~s. SEOONU: So long as any of tbe indebtedneaa hertby secured ahall remsin out~standing and unpaid, the mort~a~or agnes to keep ia iull force snd eftcct thst certain policy or policiea oi life inaursnee i~ued by the mort,~a~ and Rast~ned to the mortgagea aa coll~t+ersl secnrity for the payment ot the indebtedneaa eecured beraby and to keep said property and improvements in ~rood coaditioa and repair, to permit the mortgagpe to enter upon and inapect said mort~aged property, to promptly and faithfully comply with snd obey +?ll lawa, rulea and order~ of every duly constituted goverotaentsl authoritq and to gsy :.a the aame becume due and payaWe all taxes and assessmenta rnd other chargea th;t may be l~tvied or ~ apon or against the said prnperty. or which msy be impoaed upon the mort~a~ee in Florida by reason ot this mortgu~s inneatment, or upon the rnortga~ or obligxtion ~ecompan~in~ the aatne, or the debt hereby aecured. as w~ell as any spx i$~c mos~tgage tayc now or here~rfter impos~ed by l~w in r lorida upon said obligation or thie mortg~ge. pmvided t}u?t ahould th~ unomit of euch taxes, a?ssessmenta and other chsrges paid for Lhe mortgagee under thin paragraph tog~ether with the interest on ttie indebtednese exc~ed the hi~hest interest rate permitted by law on the indebtednesa, mortgagor ahall not be IiaWe to pay any ot euch ~c~ss ov:.r the hi~heat le~al rste• ~bd wl~o to pay all other debt», oWigstians or claimn that ny b~eo~ne liena upon or cAargee wgt?inst said prnperty, whet~er for npairs or for improvements that sre now~ or Lbat may ~ere~?ftez be made thereon, or otherwiae, und not to permit any lien to sscrue and remain on aaid property or aay part tbereot, or oa the impzov~menb upon the ssme, which mi~ht take pmedence over the lien of thia. }.wor4~a~s. and to depoait, with tbe - mort,Qagee, sU receipts ar other astiatactory evidencre of the pxyment of ta:tus, asses6menta~ ehrir~es~ c.iwimu? aad lieaa o! ever; nature wSectinR or wtuch may a8ect the ~bove dc+~cribed prnperty or ~?ny pwrt thereo4. THIRD: Upon tha failnre by the mortgagos to pay sny of rsaid tuea or aseeasments aa the sam~e become dw snd paysble, or Rhe paaaage by the $tate o! any law impo~ing paqment of the whole or ony portion of any o! th~ tsxes or chargea aforeasid upon Lhe mortgsgee, or upon Lt?e rendering by wny Court of last resort o! a decision thst an undertsking by the mort~gagor s~ herein prnvided to psy tazes. aaseeameqta or chu~ee, aa wforesaid, is legaU~ inoperative, or in the eveat of the pasua~e ot sny State or Federal law deducting frotn tLe value of lande for the purposs oi ta~cation any lien thereon, or chan~ng in ~ny way the l~vvs for the taxation of mort~ages or debts eecured by mortr gag~e, or the mnnner ot the calle~ction ot any such tazea so sa to prejudice or s$ect thie mortgage, then ~nd in any snch event the debt hereby aecured, without dedaction, ~hall, at the option of tha morLgagee, become irnenedistely due snd coUectible, notwithstanding anythin~ contsined in t~is mort~age or any Lw hentofore or heresfter enscted, or any judicisl decision heretofore or hereafter rendered. FOURTH: The mortgsgor hereui Yurtha~r agteee bo keep the improv~amenb npon t~ee mort~aged prnperty insnre~ against losa by $re with eztended covera~e, and ii zequired, vv~?r d~tm~~a to the extent avsilsble in such insurance eom- panie~ and in such amouata w~ may be satialaetory to the mozt;aQee, snd to causa s New York or other stwndar+d mortr gagee clsuae aatiafectorq to tha mort~gee~ to be sttached to euch policiea and all payments thereunder ahall be msde to the sQle order of the mo ~ ss it~ in~t ma7 sppe~r; ~?nd at the option oi the mortgugee, sny proceeda oi insurance paid to it may be w~pplied by the ~ort,~agee ta the coat, ito whole or in part, of restonng or repairin~ an' d~mage done by fire, or other hazard, or the mortgs~ee a~sy retaein tbe same and apply it in vvhole or in part, at fb discretion, to the reduction of the mortgage deb~ In the avent of losa the mortgagee ia authorized and empowered to settle or co~promise dsims under eaid policies, but ia not obligsted to do so. FIFI'H: 'The mortgagor also agreea to deliver t.u the mortgagee, all policiea oi insursnce with evidence o! premiuan prepaid (renewsl policiea to be delivered not lesa than ten dsye prior to the respectivb datee of expiration), and all abstractn of title and title gvarantee policiea, all of which shal! be held by the mortgagee without liability and in the event of foreclosore oi thiu mort~age or transier oi title te the mortgaged property in eztinguishmen! o~ raid indebtedneaa~ ahsll b~come t6e absolnte propertq of mortgsgee. SIXTH: And in the event the mortgsgor faile to repair or insure eaid property os to deliver the policies, premiums paid, ws herein s~recd, or to pa~ as the asme become due snd payable the tazes, sssessmenb or charges which may be sssessed or imposed aa aforesaid, ar the licns or claim~ which may sccrue on said propertp, the mortgagee is hereby authorized at its election to repair said property and pay ior the cost of guch repaira, to insure said property and psy the cast oi suc`~ insurance, and also to pay sa~d ta~cea, eharges, liena and claima, ar any part thereof, v~nthout said mort- gagee waiving itg right of foreciosure or any other right herennder, and the rnortgagor hereby agreea to refund on demand the sum or suma so paid, with interest thereon at the rate of eight per centumpe r ennum, a~d anv end all costa, charges, absti•act fees, attorney's fees and other expensea incurred in attempting to collect the same or enforce pay~ment thereaf, and this mortgage sha]1 stand as eecurity therefor; and any such sum or suma s~i psid shall bec~me a part oi the indebtkdnes$ hereby secured. • S~VEtiTH: And the mortgagor does hereby mortgsge, transfer, set over and assign unto the mo~gagee as addi- tional security for the payment of said mortgsge indebtedness all of the rents, issues, income and profits from the above described property, . hereby giving and ~rantin unto the mortgagee a first and prior lien thereon, snd tiie mortgagor dces hereby transfer, aet over, asaign, and pl~ge to the mortgagee all leases now or hereafter glaced ugon said mort- gaged propertg or any part thereof and do hereby covenant and agree that, in the e~+ent of a default under any of the covenanta and provisions of this mortgage, the mortgsgee ia herebq suthorized and empowEred to collect and receive all such rents, issues, income and profits due and to become due from any and all tenan~g using or cecupying said property, or any part thereof, and to apply the rame agsinst the defaulted paymenta. So long as there shall be no default here- under, the mortgagor ahall have the right to collect, receive and use, without accounting to the mortgagee, any snd aU ruch rents, ineome and pro8ta derived und to be derived from said property. EYGHTS : But ii the mortgag~or shall isil to pay ox canse to be paid any auma of principal or interest mentioned in said obligation, accarding to the terms thereot, and such default conLinue for s period of thirty dsys, or shali fail to keep any policy of life inaurance hsld sa collateral hereto in full force and e~ect, or in case of the actual or threatened demolition or removal of snq building erected upon aaid property or in the event that the mortgagor shall fail to psy eaid taxen or assesamenta or said premiuma of insurance as the same ehall sEVerally become due snd payable, without demand or notice, or fail to perform any othEr act or thing in said note or herein requireci of or agreed by said mort~ gagr~r to be done, the entire indebtednesa hereby secured ahall thereupon become due and paysble and this mortgage subject to foreclo~ure, at ttie option of the mortgagee. NINTA: In csse thia mortgage be iorecloaed bq a suit in equity snd the mortgaged premises be sold to satiafy s decree nt foreclosure, the proceeds of such sale shall be applied as follows; First, to the expenses incurred hereun$er including a reaso~able attorney's fee for such aervicea ss_may be uecessary for the collection of said indebtedless an~ the foreclosure of tbis martgag~; second, to the payment of whatever sum or aums the mortgagee may have paid ar became liable to pay in carr~nng out the terms and stipu!ationa of this mortgage, tog~ther with interest thereon; and ~ finally to the payment and satisfaction of said note. The balance, if any, shall, unless th~ Court decree otherwise, be paid into the registry of the Court h~ving }urisdiction of sa±d fore~:losure suit, to abide fhs furthex order of said Cour~ TENTH: The mork~agor hereb} waioes all right of homestead and exemptionA under the C~nstitution and Lawa ot Florida; and agrees that the note or obligatian hereinbefore described and this mort~age are to lae construed according to t2ae laws of the State oi Florida, Rhere the same are eaecuted. ELEVENTH: That, in the event that at the beginning of or at any time p~nding any suit upon this mortg~ge, or to foreclose it, or to refarm it, and/or to enforce payment of any claims hereunder, said mortgasee shail apply to the court having jurisdiction thereof far the appointment of a receiver, such court ahall farthwith appoint a receiver af aaid mortECaged property all and singular, including all and singular the rents, income, profita, issues and revenues from whatever source derived, each and e~ery oY which ia herebq mortgaged as if specifically set forth and described in the granting and habendur~ cisu~ea hereof, and such receiver ahall have a11 the broad and ePPective funcLiona and powers in eny wise entrusted 6y a court to a receiver, and such sppvintment shall be made by such court as a:~ admitted equity an~1 a matter of absolute right to said mortgagee, and without reference to the adequacy or inadequacy of the value oi the property mortgaged or ta the solver.cy or insolvency of said mortgagoza and/or af the defendants, and that auch renta, pro&ta, income, i~uea and revenues aball be applied bq such receivera according t~ the lien andlor equity of said mortgagce and the practice of auch conrt. TWEi.FTA: That the mortgagee may release tor such consideration, or nvne, aa it may require, any portion of tha above described land without, as to the remainder of the security, in any wise impairing or Affecting the lian and pzior:ties herein provided for ttie mortgagee compared to any subordinxte lienholder. LLL+1(