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HomeMy WebLinkAbout2805 ~ ' . i - • _ imeaiaceiy and without notice, say institute proceedings to foreclose this , sortgage aad apply for the appoiatssnt of a Receiver, as hereinafter provided. i 8. If aay of the eu~s of mcnay herein seferred to be ~t prosptly aud fully paid within thirty (30) days next after the sa~e severally become due and payable~ ur if each at~d every the stipulatiou~, agreasa~eats, conditions and covenants of said prosiesory note and this deed, or either, are not duly perforaed. co*plied With, aad abided by, the aggregate sus advaaced by SMA to the Nortgagor under the terms of the promissory note and this deed then remaiaiag unpaid, less any consideration received by g(y~ for makiag this loan after deducting the coate of SMA in aaking this loan, shall becone due and payable forthwith or thereafter at the option of g~, as fully and cospletely as if said aggregate aua af money were originally stipulated to be paid on such a day, anything in said pramissory note or herein to the contracy notwithstanding. It ia the intention of SMA that ~ in no event should the mortgagor pay nore than the legal rate of interest allov- ` ed under the Laws of the S[ate of F2orida. 9. Until the default in the performance of the covenants and agree~ents of this Hortgage, the Mortgagor shall be entitled to collect the rents, issues and profits from the pr~ises hereinbefoce described, but in case of a default in any of the terms of this Mortgage or the filing of a bill to forecloae this or any other Hortgage encumbering the ~rithin described property, SMA shall imaediately, and without notice and as a matter of strict right, be entitled to the appointment of a Receiver of the mortgaged preperty, both real and personal, and of the rents, issues, profits, prenaid renta2s or security monies, deposita aad revenues thereof, from whatsoever source derived, With the usual povers and duties of Receivers in such cases;,and such appointinent shall be made by such court as a vatter of strict right to SMAits su:.cessors, or assigns, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, or to the solvency or insolvency of the Hortgagor, or 1Hortgagor's heizs, legal repreaentat- ives. successors or assigns, and that such rents, profits, prepaid rentals or security monies, deposits~ incane and revenue shall be applied by such Receiver to the payment of the Mortgage indebtedness, cost and charges, according to the order of such court, and such Receiver may be continued in posseseion of the said property until the time of the sale thereof under such Foreclosure and until the confirmation of such sale by the court. 10. That in the event of any default in paying the said principal or interest, the rents, prepaid securities and deposits, revernie and profits of the said premises ; are hereby assigned to the holder of this Mortgage as further security for the payment of the said indebtedness. 11. The Mortgagor shall not erect or permit to be erected any nev buildings on the premisES herein mortgaged or add to or permit to be added to any of the ~i8ci~ improve~nents thereon without the ~rritten consent of SMA, and in the event of any violation or att~npt to violate this stipulation this Mortgage and the indebted- ness secured hereby shall inmediately become due and collectable at the option of SMA. To keep the above described pre~ises in first class repair and in as good s condition as they now are; to permit SMA to enter upon and viev said presises. 's The buildings naw located on premises herein or which may hereafter be located ~ or erected thereon shall not be relocated thereon or re~oved therefro~m, altered ' or re~odeled without the writtea consent of SMA or assigns; and, in case of breach of this condition, the parties so doing or the 1~lortgagor shall be liable to StrlA or assigns for any damage or impairnent of the property securing this - mortgage; and this mortgage and the note secured thereby shall, in its entiretq, become i~ediately due and payable at the option of SMA . This mortgage lien- extends to any building now situate or vhich may heresfter be situate or located on said premises and materials caaposir?g asid buildings, whether attached or detached to the real estate herein; and in case of the re~oval of any buildings no~r located on said praniaes or which maq hereafter be located thereon or the material camposing same during the term of this mortgage to eome ~ther pseo~lses, the lien of this mortgage shall reaain and be enforceable againet r~aid buildinga or material wherever same may be moved or relocated. 12. If foreclosure proceedinge of any inferior mortgage or truat deed or of anq lien ; of any kind should be instituted,5~ may, at its option, inaediately or therr after declare this I~brtgage and the indebtedness aecured hereby due and payable. 13. That in the event the Nortgagor should aseign the rents of the oortgaged prmi~es or any part thereof without the consent of SMA , then the entire principal aus secured hereby shall, at the option of SMA . become imaediatelq due and paqabla. 14. That in the event the premises hereby ~rtgaged, or aup part thereof~ shall be condemaed atsd taken for public uae under the power of sinent do~aia, SMA ohall have the right to dmand that all dasages avarded for the taking of or dasa~es to said prsises ahall be paid to SMA, its successors or asaigns. up to the amount then unpaid on this lfartgage and aay be applied upon the pay~snt os payments last payable thereon. O~ RK ~O r f ~ ' • 3 4 Aa~ ~ ~ - - , "~~t~+.s(.~ ~X-. -K-2 ~ ~ ~:.3 ~ ^.n.2' -uF~ ~"..~'"c~£vlnA'~~m"`f"G'L~~~~.~ . ~~f~~