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HomeMy WebLinkAbout0231 13. I( de(ault be made in payinc~t, when due, of any indebtcclness secu~cd hcrcby, or in pcrio~mance of any of I?tort- gaKor's obligatio~u, covenants or agreements hereunder: (a) Ilfortgagee u authorued at any time, without noticc, in its wle disc~etio~ to enter upon and take posseuion ot thr p~e~niscs or any pa~t thereof, to pertorm any acts Mortgagee deems necrssary or p~oper to conser~•e the secu~ity and to collect and recei~•e all rents, issua and pro[its thereot, including those }ust due as well as those accruing chereafte~, and (b) :~{ortgagee shall be entitled, as a matter of strict right and without ~egard to the ~•alue or occupancy o( the security, to ha~•e a rccei~•er appointed to enter upon and take poasasion of the premis~s, collect the rrnts and profits therefrom a~d appl~ the same as the court may direct, such recei~•er to have all the rights and powen pe~mitted under the laws o[ Florida. In eithe~ such case Mortgagee or the receiver may a]so take pouession o(, and tor these purposcs use, any and all p«sonal property contained in the premises and used by I?iortgagor in the rental or leasing thereof o~ any part thcrrof. The expense (inctuding receirei s[ees, counsel fea, costs and agent's compensation) incucred punuant to the powers herein conwineJ shall be secured herrby. rtortgagee shaU (after paymeat of all costs and expens~s incurred) apply such re~ts, iuues and profits recei~•ed by it on the indebtcdness secured hereby in such order as I?iortgagee determines. The right to enter and take possc5sion of sai~l property, to manage and operate the same, and to coUect the rents, issues and profib thereof, whether by a recei~•er or otherwise, shall be cumulati~•e tu any other iight o~ remedy hertunder or a[(orded by law, and may be exercised concurrently therewith or independently thereot. I?iortgag~e shall be lisble to account only !or such rents, issua and pro(iu actually receio•ec1 by 11{ortgagec. 14. If the indebted~eu secured hereby is now or hereafter further secu~ed by chattel mortgages, pledges, contracu of guaranty, assignmenu of leases, or other securities, or if the pre~nises hereby encumbered consists of more than one parcel, :~tortgagee n~ay at its option exhaust any one or more of said securities and thc secnrity h~reunder, or such parcek u[ the security hereunder, eithez concurrently or independ~ntly, and in such ord~r as it may determine. l5. No delay by Mortgagec in eaercising any right or remedy hereunder, or otherwise a(forded by law•, shall operate as a wai~•cr thereo[ or preclude the exercise thereof during the continuance of any default hereunder. Ko wai~•er by ~iortgagce of any de(ault shall constitute a wai~•er of or consent to subsequent defaults. • 16. ~Yithout af[ecting the liability of any penon( other than any prnon reteascd punuant hereto) for payment of any indebtedness secured hereby, and without affecting the priority or extent o[ the lien hereo[ upon any property not specificall~• - rcleased pursuant her~to, I~tortgagee may at any time and from time to time, without notice and without limitation as to an}• Icgal right or pri~•ilcge of Ilfortgagee: (a) Release any penon liable for payme~t of any indebtedness secured hereby. (b) Extend the time or agree to alter the ter~ns oE payment ot any of the indebtedneu. (c} Accept additional security o! any tind. ' (d) Release any property securing the indebtedness. (e) Consrnt to the cieation of any easement on or over the premises or any covenants restricting use or occupancy thereof. 17. Any agreement hereafter made by 1liortgagor and ~iortgagee pursuant to this mortgage shall be superior to the rights of the holder of any inten•ening lien or encumbrance. 18. \fortgagor hereby waives all right of homestead Exemption in the property subject to this mortgage. 19. The co~•~nants and agreemenu herein cuntained shall bind and the benefits and advantagu shall inure to the respecti~•e heirs, eaecuton, administraton, successon and assigns of the parties hereto. ~Yhere~•er used, the singular numb:r shall include the plural, the plural the singular, and the use of any geader shall be applicable to all genden. Al! eo~~enants, agrcements and undertakings shall be joint and se~~eral. In the event additional numbered covenants are for con~•rnience inserted in this mortgage following the legal description, such additional covenants shall be read and gi~•en ef(ect as though following this co~•enant in consecutive order_ _ 20. Any deficicncy i~ the amount of such aggregate mpnthly payment shall, unlus made good by the :lfortgagor prior to the due date of the next such payment, rnnstitute an e~ent of default unde~ this mortgage. At Mortgagee's option, Mortgagor will pay a"late charge" not exceeciing four per centum (4%) of any installment whtn paid more than-fifteen (15) days after the due date thereof to co~•er the exva expense involved in handling delinquent payments, but such "late charge" shatl not be payable f out of the proceeds o[ any sale made to satisfy the indebtedness secured hereby, unless such proceeds are iufficient to discharge the ~ entire indebtedness_ k IN ~~'IT\ESS WHEREOF, the said Mortgagor ~~se?~:? il. Tu_ t,e~ ~nd v:~ ~:1c n~_' ~~'i_ ; t1 _ ~t' E ~ hcreunto set d- nd aL-__ the day and year first abo~•e written. f ~ Signcd, se ed. ~n e p ence of ~LEO ANO RECORQE ~ ~ _ 1.lUCtE COUNT1f i~ ti L' OITRA8 . pZ . Tu~_'~'~~ld~i~~ - (Sew~) ~ CLERK CtRCU1T COURT ~ aECORD YER~FIfO ~ ~-c~-,J ~Sew,.~ STATE OF FLQRI~~~.:~ f '~`i"` ~1~:`~==@i ~ 1 8 2 2 6 P H 7 Z 2 3 2 9 9 3 ~ COL•:~3T1 OF:fi~t1S . ~ I, an officer authonzed to take acknowledgmenu of deeds according to the laws of the State of Florida, duly qualified and acting, HEREBY CERTIFY that ~.'~C~}t 7. ;L._.•.e_ :'.:,u ;ie ::1n~ i':t~n~.=, ilis ;~~-e _ _ _ ~ ~ • to me personally known, this day penonally appeared and actnowledged before me that _~re`~ executed the [oreguing 1lfort- gage, and I FURTHER CERTIFY that I know the said penon making said acknowledgme~t to be the individuaLs ~ dacribed in and who executed t6e said Mortgage. ~ AI~D I FURTHER CERTIFY that said :'•e '~'i= _ ~ _ . is known to me to be the wife oE said ~~~^c~~= 'i'urncr ~ and thzt the this day acknowle~ged to and be[ore me, separately and apart from her sa.id husband, that ahe ezecuted the said ' ~ Mortgage Deed for tht purpose ot renouncing and relinyuishing her dower and right o[ dowcr and uparate atate in and to the lands thercin described, and that she eaecuted the same (rcely and voluntarily and without compulsion, constraint, appre- het~ion oF Tcar oi or from hcr husband. k , I~`'YI't'~(ESS WHEREOF, I hercunto ut my hand and otficial seal at ~ or~ F~ erce ~ ~~d C~ nty ~ • , . t ~ ~ atid S4au. thi~ : ~ fi i1. day of 11' A. D., 19 ~ 2 % . . ~ J~ otary bli tate o Florida at I.asge - Mr.toanm~s~ion ezp;res _ Notaf? Publk. SbM of F1aiA~ ~t ls?~ GIy Comm~uion E:w~es SEpt. 1. 1913 , ~ ~ OK~V? PACf ~.Vl p _ _ _ _ _ _ `h.'c. tiJ.~=~ ~ ~/y ` Y -~'_~•"r2'_ ~,~~,~~~r'~~` a^_-~ _,.'~.,'2` ¢ - y~~~