HomeMy WebLinkAbout2599 of any of the terms, coveaants or agreementa of lhis mortgage, Lhen in any or either of said events, the whole of the
indebtednee~.s hereby eecured, at the option of the mortgagee or the 1eg~J holder af said iadebtednese, ahaU become imme-
diately due and payable without notice, or in the event ot the psasage after the date of thia mortgage c~ aqy law o~ the
State of Florida deducting irom the value of land for the purpoee of taxation aqy lien thereon, or changing in any way
the lews now in force for the taxation of mortgages or debta eecured by mortgages for 3tate or local purposee, or the
manner d the coUecti~ of any such Uuu?tion so a8 to aBeCt thia mortgage advereely, the holder of thia mortga~e and
ot the debt which it eecures, shall have the right to give thirty days' written notice to the owner of the granted premiaes
requiring the payment of the mortgage debt, and it is hereby agreed thaL, if auch notice be aiven, the eaid debt shall
become due, payable and collectible at the eapiration of said t~?irty d~?ys, and upon the mortagge indebtedness becom-
ing due and payable as heretofore provided, the mortgagor shall reirsin:tn~m coilecting and recei~-ing all rents socruing
aa aforeasid and upon notice fmm the mortgagee all tenants ehall thereafter pay euch rents to the mortgagee, and aqy
paynient made otherwise shaU not diacharge the obligations of such tenant, and the mortgagee may immediately eauee
this mortgage to be forecloeed in the manner prEecribed by law, and npon commencement of foreclosure prooeedinpys
shaU b~ enLitled to have a receiver appointed, a
hether the mortg,nged prennise8 are homeetead or not and without pmof
of any other giround for his appointment than the said detault, to take poseeesio~n and cl~nrge of the mortgaged premiees,
to rent the same and receive and collect the rente, iesuee and pmfite thereof, under direction of the court, and any amount
so coUected by such receiver shall be applied under direction of the court to the,psyment of any judgment rendered,
or amounts found due upon foreclosure d this mortg,age including the cost of collection and reasonable attorney's fees;
and, in the event of any default or defaults in the payment of the indebtednees herebq secured, or of any instsliment
thereof, or of intereet thereon, or in the performance or obeervanoe of any of the terms, covenanta or age~ements herein
contained, the mortgagee ahall have the right forth~vith after any such default to enter upon and take poeseRSion of said
mortgaged premiaes and to let aaid premiees and receive the r~nts, iasuea and profits thereof, and apply the same, after
p$yment of all neoessary chargee and expenees, on account of the indebtednees hereby eecured.
The proceeds of said forecloeure ahall be applied~ first, to the expenaes incurned hereunder, including s reasoa-
able attorney'a fee for such eervicee as may be rendered for the collection of aaid indebtednese and the foreclosure of
this mortgage; eecond, to the payment ~ whatever eum or suma the mortgagee may have paid or become liable to psy
in carrying out the options, terms and atipulations of thia mortgnge~ together with intereet thereon; third, to the pay-
ment and satisfaction of Said note; and fourth; the surplus, if any, shall be paid to the mortgagor or otherwiee sa the
court may decree. .
The mortgagor herEby agrees thet, in the event mortgagee shall place the note hereby eecured in the hands ai
an attorney after default or after maturity for collection or tor foreclosure, he aill pay such reasonable attorney's feea
as are authori:ed by law, together with the cost ~ extending the abstract and all cairt casts snd all expenees ProperlY
paid or incurred hereunder~ and aame are hereby secured.
~ The mortgagor hereby assigns, transfers and conveya unto the mortgagee, it$ eucceseors and assigne, the rents
accrued and to accrue from all tenants in occupaney of the mortgaged premiaes, or any part thereof, including rentals
and royalties under oil, g~ss and mineral leaees, if anq, during the lifetime of this mortg,nge, it being understeood that
as long as there is no default in the performance or obeervance d any of the covensnts or agreements herein coatained
the mortg,agor shaU have.the privilege of collecting and receiving all rents accruing under leases or contracts of tensncy
for the mortgaged premiaes or any pert thereof.
The mort~aged premiees being located in the 3tate of Florida, this mortgage and the righta and indebtednees
; hereby eecured shall, without regard to the place of contract or payment, be construed and enforced aocording to the
laws a£ the State of Ftorida.
Notwithstanding any provision herein or in said note, the total liabilitq for payments in the nature o~ interest
shall not eacoeed the limita now impoeed by the usury ls~vs of the $tate o£ Florida.
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r IN WITNESS WHEREOF, the said m~rtgagors have hereunto set their hands and
~ seals this 27th day of October , 1967.
Signed, sealed and detiver~d in the preBence af
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Clinton A. Higbee
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Constance Higbee
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3TATE OF FLORID ~ l~ .
COL~ITY OF y~Ig J
I~ Thomes W. FOw1eY' , an officer duly authorised to take acknowledgonents in and for
said 3tate and County, do hereby certdy that Clinton A. Higbee and Constance fligbee
, his wife, both of whom are to me well known, and known to me to be the individuals deacribed in
and ~vho executed the foregoing ina+~rument, pereonally sppeared before me this dsq and did severally acknowledge
to and beiore me that they executed said inatnunent for the purpoees therein e~preseed; snd the said
Constance Aigbee . Rell known to me to be the wife of said Clinton A. Higbee ~ uP~ ~
aaoK 168 racE2593
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