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Home My WebLink About2065 ~ FOURTH: That aU swns ot money secu~ed, paid o~ cau~l to he paW by the MorlRagee uncler the terms ot thi, mortkaRe and herein specifically Provided for, including any Px~~ea.e~ ini~urr.~) hy Ihe MortRager in c-oll~~•tiun of ih~~ ,ums srcurrd by this mortgage, shall be rnverect by the lien ot this mort~aR~• Ihe .ame as the sum. ot mon~y r~pr~- sentecl by the note secured by this mortgage. lf the Mortgag~~e rec~i~•~~ any sums a~ escrow de~wsits tur tax~~s, insur- anrn or other items, such sums shall be comingled and ad~~anccYl hy ~t for Ihe statnl pu~poses. FlFTH: Mortgagor agrees tope rmit, commit or suHer no wa.tr, im~>a~rment or d~•ter~oraUon o( th~• pm~?erty, or any part o( it_ UEwn the (a~lure ot ihe Mortgagor lo kc~ep the buildmgs on the pruperty ~n R~~i cond~tiun of repa~r. the Alortgagee may make demand either [or the imme~fiate repair ~~f the buildings, an ~ncn•a.c• in th~• amount of security ur the immecliate repey~g~ t ot lhe debt secured. The failure of the Morl~tagor to n~mply w~th th~ deman~l ot the hlortgagee for a period o(3Vdays shatl constitute a breach ot this mortgage and, at th~ option of the AlortgaFee. immediately mature the entire unpaid principal and interest secured. The hiortgagee, without notice. then may ~nst~- tute proceeifings to toreclose thia raortgage and apply for the ap{x?intment of a Rern?ver, as here~na(!er pruvided. SIXTH: That the Mortgagor promises, rnvenanta and agrees to pay pmmptly when due the sums ot m~~ney and ~nterest as mentioned in the promisgory note, to&ether with any and all other sums ~ustly due ancf owin~ the \lort- gagee by the terms ot this mortgage, and secureci to be paid as aforeva~d. It de[ault shall be made in the ~~ayment of the sums of mo,~t ~y or any part of such sums as provided in the rN~te or this mortgage and the detault .hall cont~nue tor a periocl ot.SUdays, or should the Nlortgagor breach or tail to comply with any other covenant or agn•~•ment on the part of the hlortgagor to be complied with Iin those cases in vnh~ch the optwn ~~t the ltortgagee ot accel~•ratiun tis not otherw~se provided expressly in this mortgage) and such breach or nunrnmpliance cont~nues ~n enstence fur a space ot ~ldays, then and from Thencetorth, at the option o( the MortgaRee arul without notice to the ~1ortKaKor. the whole ot the principa 1 sum e:pressed in the note, together wrth aU other sums provided for in it. shell tx~•~~m~• due and payable immediately, without notice to the Mortgagor. SF.VENTH: That in case it shoutd lxcome necessary tu place this mortKage dec~l and the nute securc~cl hy ~t. or erther of them, in the hands ot an attorney tor rnllection, ihr Alortgagor corenants and agrers w~lth th~~ ~1urtKaRe~ t~~ pay all costs, charges and e:penaes ot such collections, including reasonable attorn~ys' fees, whrth~•r rnllrct~Y1 hv fom• ctosure or otherwise. EIGHTH: That, in the event that at the beginning of or at any time pending any suit u~~n thi~ mortRa~e or to (oreclcue or reform it or to enforce payment of any claims under it. the 11lortKaRee shall apply to th~ c~~urt havinK ~urisciict~on tor the appointment of a Receiver, such court torthw•ith shall ap~x~~nt a Recei~•rr o( the mort~:a~~~1 pr~~p- erty all and singular, ~nclud~ng all and singular the income, protits, issues and revenue~ frum whatc~ver,uurce denvcri. each and every one of which, ~t be~ng e:pressly understoocl, is mort ageci by th~s instrument as if s~x~nfically set (orih and described in its granting and habendum clauaes, and the ~ecei~~er shall ha~~e all the hroad and rBect~~e tunctions and powers in anywise entrusted by a court to a Receiver The ap{wintment shall tx~ made t?y the rnurt a. an admitted equity and matter of absolute right to the Mortgagee without reference to the adequacy or inadequacy ot the value ot the property mortgaged or to the solvency or insulvency of the MortgaRor or the dPfendent. All rent.. pro6ts. incomes, issues and revenues shall be applied by the Receiver accordinR to the ?ien or equ~ty of the ~1~rt~aKt~f• and the practice o[ the court, and the appointment o( the Rece~ver ~hall be wit}wut not~ce to any obl~Qor un~ier thi: mortgage. ~ NINTH: The Mortgagor waives all right of homestead and eYemption Rranted by the ('oactitut~on an~f laK~c o( ~ Florida on the properry encumbered by this mortgage. It is aRreal s~wcifically that time ~s o! the essPnc~ ~~f thi~ r~~n F tract and that no weiver by the Mortgagee of any pertormance rPqu~rrci by this m~rt~a~~ shall hP hrl~l at any hm~• ~ thereaftPr to be a wai~•er of its terms or of the obliRation secure~l by ~t. t TENTH: That i! rnnveyance should be made by~ the ~1ortRaR~~r ~~t thc• prem~ses aFx~.~e dexnhe~l ur any part ul them ~Y?tifbl~KDf~Xa4~dC~i6l~1WPtKdCf~~i4~~~t without assumptio~ in r~Rular (urm of law• hy thi• ~rant~~~• c~f th~• ± obli atiun to the Alortgagee created under this mortRage, then, at the optiun of thP ~1urtKaQeP an~1 ..~th~~ut nnhc~~ a~ the ~tortgaQor. all sums of money securecf shall beoome due and payable and in de(ault immc~i~ately and c~~ncurr~ml~ w•ith the rnm•eysnce. whether or not they are so due and payaMP and in dpfault by the specific t~rms nf th~. ~1~~rt~;a~:F~ ~ ELEYENTH: That in the event the ownership of the property or any part of it t?ecomes vestal ~n a per~on otht~r ~ than the ~tortgagor, the 111ortgagee, virithout noticr to the :~1ortRaR.~r, may d~~a{ w~th the successor or .ucres;or~ ~n ~ interest with reference to this mortgaqe and the debt secured in /he same manner as ~~th the ~inrtRaRor and may tor- ~ bear to sue or may extend time for-payment of the debt serured, without d~scharR~n~; or in any Kay atT~~•t~nR Ih~• ~ liability of the Mortgagor under the mortgage or upon the debt secured ~ TWELFTH: That in the event thie mortgage states on its (ace that it ~s a secrnd mortKaRe then any dF(ault ~~f ~ said first mortgage shall be deemed a default of th~s mortgaRe and if such default shall coot~nue (or a ~~~n~Kl ot IS ~ days then in such event Mortgagee may immediately foreclose this mortgage or at MortgaRee s so1F opt~on may makP any paymen~c or cure any defeu?t o( aaid first mortgage and immecliately pmcec~ci to (oreclose th~s mortKaRP and any ~ sums so paid to the 6rst Mortgagee or e:pended to cure any default under sa~d first mortRaRe shall tx~ sPCUr~I by ~ terms of this mortgage and shaq bear interest at the rate ot 8°~, per annum ~ ~ ~ ~ FOURTEENTH: That in the event the premises mortRaged. or any part ot them, shall t?e rnndemnerl and taken [or public use under the power o[ eminent domein, the ~lortqagee shall have the right to demand that all damaRes awarded for the taking of or dacnages to the premtaes ahall be pa~d to the M~~rt~agee, up to the amuunt then unpa~d t on this mortgage and the obligation aecured, and rnay be applied upon the payments last payable under th~s mortgage and the obliRation secured. ^ PROVIDED ALWAYS, HOWEVER, that it the Mortgagor shall pay unto the ~lortgag~e the muneys pro~•ideci for ~n and by the note and this mortgage and shell well ancl truly keep, ubservP and perform. comply with and abide hy each and every the stiPulations. agreemente, conditions end covenanta of the mortgage arxf note as a~d when reqwred ;y by them then this Deed and the estate created by thia mortgage shall cease and be nuil and vo~d. ntherw~se the same _ shall remain o[ binding force and eftect. IN V1'ITNESS WHEREOF, the Mortgagor has mede, executed. au•alecl and deliverecl this mortgage the day and '~~y year 6rot above wrilten SiRnecl. sealed and delivered in the presence of: ~ ~ ' - -------ISeaU - A. ,J., rts : _ ! ~ J~.? ± _ ~ Sea1? ` Lila B.Roberts ~J LAW OiF~CEB OF RIMEi AND G11[ATON. KENANN BUIl.OING, P. O. SOX tl]00. FORT LAUDEIIDALE. FLOlI~DA ~7306 - E~RK2~0 eaet2~64 s : ~ - - _ . . _ ~ . . _