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HomeMy WebLinkAbout0965 ~ . y i~mediately ar~d without notice, oay institute proceedings to foreclose this sortgage and apply for the appointwent of a Receiver, as hereinafter provided. 8. If any of the suss of aoney herein referred to be not prauptly and fully paid within thirty (30) d+?ys npxt after the aame 8everally becae~e due and payable, or if each and_every the stipulatiot~s, agreamente, conditions snd coveaants of said prasisaory note and this deed, or either, are aot duly perfor~~d, cosplied . ~+ith, aud abided by, the aggregate su~ advanced by SMA to the !lortgagor under the terms of the pranissory note and this deed then remainiAg unpaid, less any consideration received by g~ for nsking this loan after deducting the costs of , SMA in making this loan, shall become due and payable forthwith or thereafter at the option of g~, as fully and cospletely as if said aggregate sua of money vere originally stipulated to be paid on such a day, anything~in said praniesory note or herein to the contrary notWithstandiag. It is the intentioa of SMA that in no event should the mortgagor pay more than the legal rate of interest allow- ed under the La~?s of the State of Florida. 9. Until the default in the perforsance of the covenants and agree~ents of this riortgage, the Mortgagor shall be entitled to collect the rents, isaues and profits from the premises hereinbefore described, but in case of a default in any of the terms of this l~brtgage or the f iling of a bill to forecloae this or any other Nortgage encumbering the withia described property, SMA shall iaimedi~tely, and without notice and as a matter of strict right, be entitled to the appoinbment of a Receiver of the ~ortgaged property, both real and personal, and of the rents, issues, profits, prepaid rentals or~security monies, deposits and revenues thereof, from vhatsoever source derived, with the uaual powezs and duties of Receivers in such cases;,and such appointment shall be made by such court as a matter of strict right to SMA its succeseors, or assigns, and vithout reference to the adequacy or inadequacy of the value of the property herebq mortgaged, or to the solvency or iasolveacy of the Hortgagor, or ?brtgagor's heirs, legal representat- ives, successors or assigns, and that auch rents, profits, prepaid rentals or security monies, deposits, incane and revernie shall be applied by such Receiver to the paymtnt of the Mortgage indebtednese, cost atd charges, according to the order of such court, and such Receiver may be contirnied in posseseion of the said property until the time of the sale thereof under such Foteclosure and until the confirmatioa of such sale by the court. ~ 10. lhat in the event of any default in paqing the said principal or interest, the rents, prepaid securities and deposits, revenue and prof its of the said praaises are hereby assigned to the holder of ~this Hortgage as further security for the payment of the said indebtedness. 11. The Hortgagor shall not erect or permit to be erected any new buildiage oa the premises herein mortgaged or add to or permit to be added to any of the exiating improvements thereon without the ~rritten consent of SMA, and in the event of any violation or attempt to violate this stipulation this liortgage aud the indebted- ness secured hereby shall immediately become due and collectable at the option of SMA. To keep the above described pr~ises in first class repair and in as good condition as they now are; to permit SMA to enter upon and view said pre~mises. The buildings nav located on premises herein or which may hereafter be located or erected thereon shall not be relocated thereon or r~oved therefram, altered or remodeled ~ithout the vritten consent of SMA or assigt~s; and, in case of breach of this condition, the parties so doing or the Hortgagor al~all be lisble to S2+lA or assigns for any damage or impairaent of the propertq securing this mortgage; and this mortgage and the note aecured thereby shall, in its entirety, became immediately due and payable at the option of SMA . lhie mortgage lien~ extends to any building nov situate or which nay hereaf ter be aituatt or located on said premises and materials cotnposing said buildings, whether attached os detached to the real estate herein; and in caee of the removal of any buildings naw located on said pre~nises or which maq hereafter be located thereon or the material cauposing same during the tero of this mortgage to aome ether praaisea, the lien of this mortgage shall remain asd be enforctable against esid buildinga or material wherever same may be moved or relocated. ~ I2. If foreclosure proceedings vf any inferior mortgage or trust deed or of any lien ; of any kind should be in8tituted,gMp may, at ite option, iaaediatelq os there- I after declare this Nortgage and the indebtedness secured hereby due and payable. ~ 1~. That in the event the Mortgagor should assign the rents of the mortgaged preaises f or any part thereof Without the consent of SMA , t6en the entire pzincipal ~us secured hereby shall, at the option of SMA , become i~mediatelq due and payable. ~ 14. That in the event the premisea hereby mortgaged, or au~? part thereof, shall be # coud~ed and taken for public uae under the pover of esinent da~ain. SMA ehall have the right to d~and that all ds~oages awarded for the taking of or da~ges to said prsises ahall be paid to SMA, its succesaors or assigns, up to the amount then unpaid on this Mortgage and 'ay be applied upon the pay~ast or paysents last payable thereon. 3 BOOK204 PAGE 9~ ~ ~::Y ~ . ~ ~e ~ . n _ ~ . .y~.~