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HomeMy WebLinkAbout2205 ToQ~ther With all and sir~gular the tenements, hereditaments and appurtenances thereunta belonging or in anywise appertaining. and the rent~, issues and profits thereof, and also ALL the estate~ right. titles interest snd all claim and demand what.soever, as well in law• as in equity, o~ the said parties of the first part in and to the same, and every part and parcel thereof, ~vith the appur- tenanees. To Ha~e wnd to Hold the abo~•e grantHd and described premises unto the said part of the second part, its succes.ROrs and assigns, fore~•er. PROVIDm ALWAYS, and these pre;ents src un this exprers c~+nditiun, that if said parties of the first part, or their legal ~ representatives, ahall weU an~ truly pay unto the said part~~ of the second part, its succesaors or sssigns, the said sum of money mentioned in said promigsory note, and any renewali or extensions thereof in whatever form, And the intereat thereon as it shall become due, xccurdin~ !o thc• tsue intent snd meanin~ thereof, to~ether with all costs, charRes •nd ex- penses, including a re+?sons?blr rttorncy's fec, which the said party of the second pArt may incur or be put to in collecting the same b}• fore¢losure, or othc•r~vise, or in protectinQ Lhe se:urity of the party of the eccond part, whether by suit or otherw~ise, and shall perform all other ca~enan2s of this morttage, that then these prrsents and the estate hereby Qrsnted shall cesse, determine and be absolutely null and void. A*~a the said parties of the first part, for themselves rn:! their legal representatives, jointl~• and severally co~•enant an,i a~ree to snd with the ~sid part~• of the second parY. ~ts auccessa•s or assiRns, that at the time of the ensealinQ and deliver~• of these presents the~• are ~-eil ~eized of said premises in fc~ simple and have guod right, full power and lawful suthorit~• to grant, bargain and sell the sarne in manner and form aforesaid; that the sarnr are free and clear of all liens and incumbrances w~hat~cever, and that they ~~•i11 forever protect and defend the ~ame Y~fainat ~I! lawfui ciaims, and that they hereb~• fully warrant the title to said l~nds and will defend the same w~ainct the lawful ~lwims of all persona whom- soever; that thev will permit, commit or Ruffer no w~ste and ~.•ill keep-all the improvementa in as good condition as they now sre, and Will do or permit to be done to ssid premiscs nothin~ thwt may in any wey impair or weaken the security under this mort~aEte; that they wifl pa~• unto the party of the secor.d part, its successor~ or asaigrts the said promis- sory notc, and any renewals or rxtensions thereof, a~~d the intere~st on the same as it shall become due and payable, past due inierest to bear interrct at the rate of t~n (10) per cent. per annum from its due date until paid, together with All costs, char~es, abstract fees and expenses, includinQ attorne~~'s fees, ~vhich the said pai•tp of the second part, its succes- sors or assi~ns, msy be put to or incur in collectin~ the same by foreclosure ar atherw•ise, or in protecting the security of the party oi the second part, whether b~• suit or otherwise; that the parties o: the first part wiU pay before delin- quency, a;l taxes, asseaaroents ~f any tppe or nature and charges, which may be levied upnn the said property until the in~iebtedness sforessid shal] be paid; and N~ill keep all buildings that may at am• time bc located upon said premises dur- inq the continuance of said indebtedness in good and first class repair, and insvred in companies acceptable Lo the party of the second part against ]oss oi° damaQe by fire end such other hazards and contin~encies, and in ~nch amounts as may be required from time to time by the part~• of the ~econd part, and w•ill deli~er to the party of the second part all re- quired insurance policies together with an~• additional hazard insurance policics cari•ied on said pi•opertY by the parties of the tii•st psrt, with satisfactor}~ loss payable clsuses attached, to be held by the party of the second part until the irdebtedness afore~aid shall be paid; and that the said parties of the first part, or their leRal representatives, w•ill pi•umptl~• satisfy, pay a7d dischsr~e any and all mect. •~ice' and material men's and all other lienc, and an} and all judgmentc and deci•ees uhich ma~~ becomr liens or charaes upon the premises above described. A~rn iv C~s~ of the refusal or neglect of the parties of the first psrt, or their le~ral representatives, to thus repair, or ~ tc~ insure and deliver all polities Qf insurance with satisfactorv ]oss payable clauses attached, or to pay renewal insur- ance policies, or to pay taxes, essessments or charges before they become delinquent, or to sstisfy and discharge the liens, jud~ments or decrees abave mentioned, the said partv of the second part, its successors or aasigns, may, at ita option, mxke such repairs, procure such insurance or pay such taxes, assessments or charges, or psy and discharge such liens, judgments or decrees, and it ahall not be obligaWry for the party of the second part, its successors or assigns, ta inquii•e into the validity of tax assescments, tax deeda or sne~isl assessments, or into sates under snch tax or special assessments. or to inquire into the validity of liens of inechanics or material men, or into the necessity of such repairs, in advancing moneys in that behalf as above authorized, but nothing herein cor,tained shall be constrt~ed as requiring the asid psrty o: the second part, its successors or assigns, to advsnae or exFend money for taxes or special a=sess- ments or for other purposes aforc~aid. All moneys thus p~i~i shall draw interest at the rate of ten (10) per cent, per annum, and, taaether with all reasonable attorney's fees, cost~., charges, abstract fees and expenses for foreclosure or other proceedings, shall be repaid to the party of the seeond part, its successors or assigns, on dernand; snd shall become so much additional indebtedness secured b~• this mortgage, to be paid out of the proceeds of the sale of the mort{~aged premises aforesaid, if this mort~age shoutd be foreclosed, and if not otherwise paid by the said parties of the first part, or their legal representatives. AND THE SAID *'aR'l'1ES ~P THE FiRST PAxT, far themselve~ and their leQet representatives, jointly and severally, further covenant and agree, in addition to the pa~-ment of all taxes, assessmenta and charges as aforesaid, to Pay sny and ell taxes upc~n this rr,ortgage or the indebtedness secure3 hereby, without re~ard to anY law heretofore en4cted, or here~fter to be enncteci, imposin~ payment of the whole or any part thereof upon the party of the second part, its _ successors or assi~ns. L`pon vialation of this undertaking or upon the enactment by the State of Flarida of any law imposing paym~~nt nf the w~holQ or any portion of an~ of the taxes, assesaments or charges aforesaid vpon the party of the aecond parr, its successors or assiqns, or upon the rendit:on by any coutt of last reso;t of a decision to the effect that the undeitsking by t.he said parties of the first part, ss herein provided, to pay all taxes, assessments or charRes is le~ally inoperative or cannot be enforced, then and in either oi such events the indebtedness hereby secured, without any deduction, shall, at the uption of the party of the secor.d part, its successors or asaigns, brcome immediately due and payable, notwithstandin~ BnythinR contained in this mortgage or any law heretofore or hereafter enacted. Axn tr is STIPULA'Cm ANb Aca~o that, in case of defarlt in any of the aaid payments of principal or interest, Ac- carding to the tenor or effect of the said note mentioned above, or breach of eny of the covenants or agreements herein contsined, then end in any such case the whole of the sa~d principal sum hereby secured and the interest thereon, and an~• paymenta made by the party of the second part, or its succesaors or assigns, for regairs, insurance, taxea, assessments, liene, judgtnents, decrees, costs, charges, expen~ea, abstract fees, attorney's fees or otherwise, shsli at the ogtion oi the ssid psrty of the second part, its successors or assigns, b,.'ce7ne immediately due and payable without further notice and this mortgage may be foreclosed in the manner and aith tFe same effect as if the said indebtednesa had otherwise matured. - THE PROCEF.DS OF SAtD FORECLOSURE sha11 be spplied, first to the ezpenses incnrred hercunder, inclldinR a reason- ` able attorney's fee for such ser~•ice as may be necessary for the collection of said indebtedneas ~?nd the foreclosure of this mortga~e; second, to the payment of wl:atever sum oc sums the said garty of the second part, its successors or ascians, may have paid or become Iiable to pay in csrryir~.• out the options, terms and stipulations of this mortgage, toRether vvith int,.erest thereon; third, to the payment and satisfaction of said note and interest. IT I° ~URTHER $TIPOLATFA AhD AcxE~n that the party Ot L}1B second part, 7LS FUCCC330TS Ox 6SSIg1'IS, Bttall have the privile~e, at its or their option, afLer the doina of or the omi ~sion to do, by the parties of the first part or their !egal representatives, of any acb or thinR which ahall constitute a default in or bresch of any af the termr, conditiona and covenants herein or in ~aid mort~a~e note and sny extensi ms or renewals thereof contsin2d, and upon the commence- ~ ment, in a court of competent jurisdiction, of a suit for the foreclosure of this mort~age, oi npplyin~ for, either in and by the oriRinal bill for foreclosure or otherw•i~e, and shall be entitled, as a matter of riRht and without re~ard to the ~~alue of the premises, property and estatr, or the necessity, reasonableness or ezpediency therefor, nr the solvency or in~olvenr,; ~f the parties of the first part or their le~al representatives, and without notice to snid parties of the first part or ~their leaal representatives, to the appointment of :aome suitable person or corporation as a receiver for the property, premises end estaLe hereinab~?ve d~~scribed. 5uch receiver shail have puwer to enter apon, recei~•e, recover snd take c~mplete, rrtire and exclu~ive p~~sca~ion of said property, premises and estxte, and the rents, issues and profitc thereof; to preser~•c, maintain, defend and protect surh possession and said pi•emises, propert~• and estate; to lease the same for a term to be appro~•eci by th~~ Court; io pa~• ~ all taxes, asse~sm~nts and le~ies that are or may become ~icns thereon; to keep the buildinKs, fe~rniture and fixtvres thereon insured aRainst fire, u•indstorm, theft or ocher disaster; to makc rea~onai~ic or nececcar}• repairs, an~ ite ahall have such other powcrs aa ma~• seem proper to the Court. Said receiver, after deductin~ sll char~s and expense~ atte~ndin~ such rccci~•er~hip, shall apl~~y the rcaidu~~ of said rents, issues and profits to the payment and sstisfaction of this mortKaKe and the n~te hereb~• secure~i, or to any de-, ficiency that may arise or ezict after applcin;, the pracecd~ ~f the sale of sai~1 premisrR, propertp and eatnte tv the arnounty duN under thi~ mort~a~e and the n~te h~reb~~ sr: ure~, includin~ inti~rcct, attarni~p's fe. ~ and c~~crc and .~x- pense~s ~f ~sid f~recl~sure. ~ BCOK ~~V ~~J