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HomeMy WebLinkAbout0913 revenues fro~ vt~atev~er source 8erired, and such receiver shall Lav~e all the bro~d and efi~ectiv~e llmctiona and pow~en in aqyviee entrusted by s coutt to a receirer, aod such appolStaent a~all be ia~de by such court as an adaitLsd equity snd a~atter of absolute right to said Mort~a~ea, snd vitbout retereoce to the sdequac~r o~ in~equdcr of the value of tbe p~opert~r ~art~ea or to the solv~ency or insolreacy of said ~ lrtortg~~or or tbe defen~dants, aad auch i~a~e, prorits, rents, isaves sad re~renuea ahall _ be spplfed by auch receiv~er nccording to the liea of thia ~rtgpge nod tbe p~cactice o! such court. 8. If Lhe I~ortgrngor defsults in eu~r ot the cavenants or agree~enta contai~ed henia or in said note, tben tbe Mortgagea ae~y pertor~ the saue, and sll such enpenditures a~de by the Mortgagee, inclwding a reasonable sttorney'e let, in ao doing shall draw interest at the rate of eight per cent~ pcr amnua, and s2~a11 be repeyable ia~ediately and vithout demRnd, and all such expenditures ahall be secured by the lien of tbis ~rt- gage . The Plortgagee sh$11 be subrogated, !or l1~s-th~er security, to tbe lien of a~r a~l al1 liens or encwsbrancea paid out of the proceeds of the loan securea by this aort~age, even though tlx lien or encu,brance so paid ~~om such poroceecls be releasea. 9. Tt~e Mortgagor shall du~Y, P~PtlY ~~~,Y P~rtora each and e~very of the terms and prvvisions of a certain comatruction 2oan agree~ent which has been executed aa8 delivered by the parties hereto sinultaneously vith tbe execution end delivery hereof (the proceeds of this aortgs~ee indebtedaess being !or the purpo~e of financing construction on said mortga~ed property), the ter~s o! whicb construction loan ~ agreement are by reference made a part hereof. 7'he lien of this sc~rtP,s~ge secures the pe~yment of all st~s pe~yable to MortRagee and tbe performe~aoe of all covenants snd agree- ments of Mortgagor um~der the ter~s o! said construction l,oan a~eement. 10. In addition to all otber indebtednesses secured by the first lien of this mortgage, this mortg~ge shell secure also and constitute a first lien on the mortgaged property for all fl~ture advances mde by tbe MortRagee to Mortgagor vithin five years flro~ the date hereoP to the saae exteat as if swch llrture e,dvaaces were me,de on the date of the execution of this mortgage. A~y swch advances my be aeRl~e at the option of I~lortgagee . The total am~unt of t.h~e indebtedness that mqy be secwred by this mortgage may increase or decrease Pro~ time to time,'but the total unpaid balance secured at aRy one time by this mortgage shall not exceed a meucin~a pri~ipal aa4unt of tvice the principal amount stated in the promissory note a substantial copy of vbich is included herein, plus interest thereon and a~r disbursements me~de by Mort~gee !or the.pe~ya~ent of taxes, levies or insurance on the property encunbered by this nortRage, With interest on such disbursem~ents. 11. A portion of the proceeds of the mortga.~e indebtedness.is to be dis- bursed and advanced on account of or pertaining to each of said parcels in accorciance ~ vith the provisions o~ said constructio~ loan agreement. Mort~zee shall release aay ~ one of the parcels covered by this mortgage ~om tl~e lien hereof up~n repayment to the E Mortp,agee in cash of a swq.equal to tbe portion of the principal of the mortgage indebt- ~ edness theretoPore so disbursed and advanced, as conter.iplated by said construction l~aan ~ a~ment or othervise, on accoua~t of or pertaining to the psrcel to be released plus, € at tY,e option of the Mortgsgee, ar~r interest then accrued and unp~id und~er t~ ter~s ~ hereof or secured hereby and e~npl cost, fees and expenaes payable to Mort~ee by the ~ Mortgagor incident to the mort~age loaa. Aotvithstanding a~ of tbe abave pz~ovisioas ~ of this parsgraph Mortgagee shell, at its option, be entitled to reh~se to relesae saar parcel or parcels at a tine vben there eaists e dePault in the perfornance of the agree- ~ ments of ~he M•ortgagor under the provisions of this mort~a~e, tbe note secured hereby or said construction loan agreemeat. Hov~ev~er, Mortgagee mey, at its optiaa4,give aap? such release notWithstanding atpr such default or vitYwut requiring the abo~ve stipulated p~yment for release. Tae cost of recording a]1 partisl releases t'ra~ or satisfaction ~ of this aortgage shall be bort~ by Mortgagor. ~ ~ The tera Mortgagor shall be constru~ed singular or plural, masculi~ or ~ feminine, and corporate, partnership or individual, vhict~ever tbe conte~ct hereof ~ requires or aclmi.ts . ~ ~ ~ D~. WITl~SS ~F, tbe ldortgagor has eac,ecuted tLis ias ~ u~der seal ~ th8 day and y~ear Pirst above vritten. .,t,,~;' x,~ ~ ; ~ HAI~I~+I 0 S ~ Q1#~P`~1NY OF FLORII~ ~ Si~ed, sealed and deliverad in th~e ~~~Q~;. ~ : . ~ presence of: ~ BY: ` . ~ ~ t s - . -y ? C'c ~ - _ m .o - rY ~ ATTEST : ~ ~ . ~ ecretary ~ "~%J~= ~ 1' . ~ sWn For. ~-2906 (9-i2-6o) ~ ~s~s ~ ~ 9/~ ~ _ _ . _ ~ 4 ~ - - - y: ...yy..~.~ ~m. .e._~._ . ~