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HomeMy WebLinkAbout1691 lZ. That the b.orig~gor vill pay all taxes before the same becaooe Jelinqueat~ irAlch ~tasy be tevied or assessed uader aay law of the Statc of Florida, or aay Federal I.aw, upon tLe Mortgagee's interest in said real estate and Impro~emeats, and wlucb may be levied upon this ~ortgaga or the debt secured hereby or the holder Wereoi (but only to the exteat tbat such is aot prohibitsd by Lw and only to tbe extent that sucb will not mate tNs loan usurious), but excludiag aay income tax. State or Federal, impo~ed on tbe ~lortgagee~ and wAl ille the oiticial receipt showing suc6 paymeat with the Mortgagee. If. at aqy tin~e.aqy law or caurt decree proW'bits the payment by the ~ortgagor of .wy ta~c. oWer tban Income ta~, levled upoa the Mortgagee's Interest ia t6e mortgaged real eatate and improvemeats. or levied upon the Mortgage or the debt secuird here- by. or against the twlder thereof. or provides that a~y unount so pald by the 1[ortgagor must be credlted on the mor/gaged deb~ the Mortgagee shall have the right to ve niaety dq-s' wrltten nouce to the owaer of tbe mortgaged premis~s, requir- iag the payment of the mortgage debt, wI~ accrued interest aad cLarges. If sucb aotice be ~iven the said debt, wu6 ao- crued interest and cbarges. shall become due. psyable and collectible at the expiratioa ot said ninety days and upon default ia such p~yment after such ninety d~~ys. tLis Morigage may De immediately foreclosed. 13. That if at any time in the oplnion ot the MortBsgee a receivership may be aecessary to protect U?e mortgaged property. or its rents. issues. profits„ ar producc. wbet6er before or aiter maturity ot the indebtedness hereby secnred. or at the time of or atter the inst~tutlon oi auit to collect such indebtedness or to enfoe+ce thls ][ortgsge We stortgagee sha11. aa a matter of strlet r~ght and ngaMless oi the vdue oi t6e morigsge securi~y for t6e amounta c~ue ~ereunder or secured hereby. or of t6e solveaq oi any patRy bonnd tor the payment of sucL indebcean~a~. have the rig6t to the appointmeat on e= parte appllcation. and without notiee to an~one, bysa~ courc nav~ jwrjsaicci.~, ot a Recei~er to take cLarge of. manage. preserve, protect and operate said properqr to collect tbe rents. issues. profita and income theroof. to make all neceasary or needful repairs. and to pa~ all tues an~ assesameats against said propetty and insuraoce premiums for insurance there- oi. and atter tIIep~ymen t oi Uu espeaaea oi the nceivership and management of the pm to apply the net in reduction oi tbe iade~tedness herebi~ secue+ed or ia such manner as the Couct shall Such receivership . at Wa ~ 0ption of Mort~a~ee. continue untll 1uU p~yment of all sums hereby secured~ or until tftle to satd property sLall I~ave pass- ' ed b~ sale under tbis Yort~e. 14. That the sec~riqr hania aad hereby provided shall not affect nor be aftected by a~ other or turtber iecarity taten or to be tal~ea for the same indebtedness. oran~r part thereof; and the said Mortgagor hereby declares that tbe prop- e.rty hereinbeforc mentioned and coave ed to said Morigagee forms no put oi aqy pmpertp owned. used or claimed by tDe said l[ortgag~e as eacempted from i~aale under tbe Lws oi the State of Florida, and disclaims. waives, and renonnces~all aad eveiy claim to eiemption nnder ac~ homestead e:emptioa or otber Lws. _ ld~. SDonld tbe l[ortgagee at aa~y time request in writlng that tbe Mortgagor confirm tbe amount of tho indebtedness for priacipal and interest secured by this Mortgage and We vaHdiq? of We lien hereof. the Yortgagor rnvenants and agi~ees to ~ire sucL wrtttea confirmation wlthin five d~ys aiter receipt of sucb written request, or within aaid pedod oi time to ad~ime tLe l[ortgagee in wrlting of any dispute as to tLe amount ai the indeDtedness secured Lereby or the validity of this l[ott8aqe. or the Hen hercof. 1~ T6at in tbe event the premises hereby mortBaged. or any parC thereof. shall be condemned or taken nnder . the power at emiaeat domain. the Mortgagee shall have t~e right to demand that all damages awarded for t6e taking oi or injury to said premises shall be paid to the Mortgagee up to the amoant then unpaid on tbis ,iortg~ge, aad ma,y be applied to any wms last P~Y~ble hereunder. 17. It is agreed tbat nothing herein coatained nor aqy transaction related thereto shall be rnnstrued or so opente as to requita the l[ortgagor to pay intcrest at a rategre ater than it is now lawful in such case to contract for. or to make any p~nt or to do any act rnntrazy to law; that if any clauses or pmvisions herein contained operate. or wo ~~;%spec~- tive~y operate to invalidate this Mortgage or said Note in vvhole or in parf. then. such clauses and rovLSions o hall held for naught, as though not berein cantained, and We remainder of this Mortgage shall remain operative and in full ~ force and effect. 18. The pmvisions hereoi shall be binding npon the Mortgagor and the heirs, devLsees, personal representatives. suc- cessors and assigns of the Mortgagor, as the case may be, and inur~e to the benefit oE the Mortgagee and the heirs, devisees. personal repre~entatives. successors and assigns of the Mortgagee. as the case ma,~? be. Where more than one Morigagor is named her~in. the obligations and liabillty of said ~fortgagor shall be joint and several. 19. All of the interest of the Mortgagors in and to the personal property, furniture, furnishings, fixtures and equipment now or hereinaf ter located upon the encumbered property shall be deemed to be a portion of the security f~r the indebtedness herein ' mentioned and covered by this mortgage. ~ ~ 20. The indebtedness secured by this Mortgage is secured by other Mortgages and Security Agreements encumk?ering additional collateral. This Mortgage secures .such future or additional advances as may be made by the Mortgagee at its option, to the Mortgagor for any purpose, provided that all such advances are to be made within twenty (20) years from the date of this Mortgage, or within such lesser period of time as may be provided hereafter by laa~ as a pre- requisite for the sufficiencg of actual notice or record notice af such optional future or a.dditional advances as against the rights of creditors or subsequent purchasers for valuable consideration. The total amount of indebtedness secured by this Mort gage may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed the maximum principal amount of five hundred thousand dollars ($500, 000, 00), plus interest, and any disbursements made for the payment of taxes, levies or insurance on the property covered by the lien of this Mortgage, with interest on such disbursements. . ~ ~ IN WITNF~S WHEREOF the Mortgaqar has caused these preEents to ba properly ezecuted on the date a~res~d Si Sealed and ~ red in the presence of: ~ / z , , _ ~'y~ Z ; ^ ~ . c.~- e~ - Q" ~'~?'~'~AI.) ~ ) Cal ' ns a k/a Cal ovens ' ~ " C._ - ~ ~ _ ~ -~,..,g~~ _ _ . _ `(SEAL) A to Kovens By R ~ov ns s att p in fact . 'r a t.a~~~n mort~~ge a+id U~e i~nal Nayment or balancs ~ ~'2-~-?-_~~SEAL) Ro Kovens ~,pcn maturity is S-~7L~.-. together with aCtrued •~••e:t. if any, and all advanccme~ts made by the Mort• - - - - - _ - , _ -__(SE~'~L) ree under the terms of this tllortgage. 1689 BooK 1~3 ~