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HomeMy WebLinkAbout0995 • { . { ~ ~ . ~ -4- ~ 11. All sums of muney secured hereby shall be payable without any . relfef whatever trom any valuation or appraisement laws. 12. If default be made in payment of any installment of principal or interest of said noC~ or any part thereof when due, or in payment, when due, of any other sum secured hereby, or in performance of any of riortgagor's obligations, covenants or agreements hereunder, all of the indebtedness secured hereby shall become and be iAenediately due and pay~ble at the op- . tion of Mortgagee, WithouC notice or demand whfch are hereby expressly waived, in which event Mortgagee may avail itself of all rights and remedies, at law or in equity, and this mortgage may be foreclosed with all rights and remedies'afforded by the laws of Florida and Mortgagor shall pay all costs, charges and expenses thereof, including a reasonable attorney's fee. 13. If default be made in payment, when due, of any indebtedness secured hereby, or in performance of any of Mortgagor's obligations, cove- nants or agreements hereunder: (a) Mortgagee is authorized at any time, without notice, in its sole discretion to enter upon and take possession of the premi3es or any part fihereof, to perfora~ any acts Mortgagee deems necessary or proper to conserve the security and to collect and receive all rents, issues and profits thereof, including those past due as well as those accruing there- ' after, and (b) Mortgagee shall be entitled, as a matter of strict ~ight and without regard to the value or occupancy of the security to have a receiver appointed to enter upon and take possession of the premises,collect the rents and profits therefrom and apply the same as the court may direct, such re- ceiver to have all the rights and powers pe~itted under the laws of Florida. In either such case riortgagee or the receiver may also take pos- session of, and for these purposes use, any a+ld all personal property con- tained in the premises and used by Mortgagor in the rental or leasing there- of or any part thereof. The expense (including receiver's fees, counsel fees, costs and agent's compensation) incurred pursuaat to the powers herein contained shall be secured hereby. Mortgagee shall (after payment of all costs and expenses incurred) apply such rents, issues and profits received I by it, on the indebtedness secured hereby in such order as Mortgagze deter- ~ ~ mines. The right to enter and take possession of said property, to manage ~ and operate the same, and to collect the rents, issues and profits thereof, ~ whether by a receiver or otherwise, shall be cumulative to any other right ~ or remedy hereunder or afforded bp law, and may be exercised concurrently therewith or independently thereof. Mortgagee shall be liable to account only for such rents, issues and profits actually received by Mortgagee. 14. If the indebtedness secured hereby is now or hereafter fur- ther secured by chattel mortgages, pledges, contracts of guaranty, assign- ments of leases, or other securities, or if the premises hereby encumbered consists of more than one parcel Mortgagee may at its option exhaust any one or more of said securities.and the securfty hereundsr, or such parcels of the security hereunder, either concurrently or independently, and in suc~ order as it ~ay determine. 15. Upon request of Mortgagor, Mortgagee may, at its sole option, from time to time before full payment of all indebtedness secured hereby, ~ make further advances to Mortgagor; provided, hoWever, that the total prin- cipal secured hereby and remaining unpaid, including any such advances, shall not at any time excead the original principal sum secured hereby. . Mortgagor shall execute and deliver to Mortgagee a note evidencing each and ~ every such further advance which Mortgagee may make, such note to be pay- able on or before maturity of the indebtedness.secured hereby and to contain ~ . ~ ; aQ~1 l5 ~ 992 _ . _ - ~~ry' ` R , . s~ ~ : ~ ^ _~s_.~Lx~~`~`~,n^~~ - - - - -d+'~.~.~~~.