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HomeMy WebLinkAbout2499 S. That. in the event that at the be~nning uf ~x at any time pending any suit upun this mari~ge. or tu : fore.;lose it w to refurm it,and/ur to enforce payment uf any claims hereunder. the Mortgagee shxU apply to the cuurl f ; having jurisdictiun theroof for the appointment ut a Receiver such cuurt shall furthwith appoint a R~ceiver uf said y `Q moctgaged proptrry aU and singular, including all and singular the i~come, profits. issues and ~evenues from whatever ~ source.derived each and every of which. it being expressly understood, is hereby mortgaged as if speci~cally set forth ' ~ and described in Ihe ganting and habendum clauses hereof, and such Raceiver shal! have all the broad and effective ` ~ functions and powers in any wise entrusted by a court to a Recelver, and such appointment shaU be made by such . court as an admitted equity and a matter of absolute right to the Mortpgee, and without reference to whether or J nut said mortpged propcrty be in whole or in part a homestead and without reference to the adequa~y or inadequacy of the value oi tha property mort$aged or to the solvency or insolvency of the Mortgagors and/or oC the • defendants. and that such rents, pro~ts, income. issues and revenues shall be apptied by such Receiver according to the Gen and/or equity of the Mortg,agee and the practice of such court. 9. Duly, promptly and CuUy to perform. discharge, execute, effect, complete, comply with and abide by each and every the stiputations, agreements, condilions and covenanls in said promissory notes and in this mortgage set ~ forth. ~ 10. For the purpose of inducing the Mottgrge.e to make the loan secured hereby, the Mortgagors represent that the rents now accruing and hereafter to accrue upon the mortgaged premises ace now and during 1he life of this # mortgage shall remain free and clear ot all Gens, encumbrances or pledges. : I 1. Duly, promptty and fully to perform, comply with and abide by each and every one of the stipulations. ? agreements, conditions and covenartts contained in the prior mortgage herein described, if any, and in the obligation ~ secured thereby, and any breach of ihe prior mortgage or default in the obligation secured thereby shall ~ autumatically constitute a default of this mortgage. " 12. This mortgage shall become due and payable forthwith, at the option of the Mortgagee, if the Mortgagors shall convey away said premises or if the title thereto shall become vested in any other persan or persuns in any manner whatsoever. 13. Ttwt in order more fully to protect the security of this mortgage the Mortgagors, together with and in addition to the monthly payments under the terms of the note secured hereby and on the same day of each monlh ~ as the payments under said note are due and until said note is fully paid, if so required by the Mortgagee, shall pay _ to the Mortgagee an installment of the taxes and assessments next to become due and levied or to be levied against the property and an installment of the premium or premiums next to become due and payable on the policies of fire and other haTard insurance covering the mortgAged pcoperty. Such installmenls shall be equal respectively to such estimated laxes and assessments and fire and other hazard insurance premiums (all as estimated by the Mortgagee), less all sums already paid thereon and divided by the number of the months that are to elapse before one month prior to the date when such taxes, assessmenu or premiums will become delinquent, such sums to be held by the Mort~gee in trust to pay said premiums, taxes and assessments. 14. In the event at any time it is determined that the amount of interest exceeds the rate of ten percent (10`~) per annum ihe payee hereby agrees with the maker that the payee shall pay to the maker upon demand the ~ amount paid which exceeds ten percent (1036), it being the intent of the maker and payee that the interest payable ; on this note shall not exceed ten percent (10%): !T !S MITfUALLY COVENANTED AND AGREED by and between the Mortgagors and the Mortgagee that this mortgage and the promissory note or notes secured hereby constitute a Florida contract, and shall be construed according to the laws of that State. _ IN WITNESS WNEREOF, the Mort~gors have execuled this mortgage under seal the t bove written. ' ~L/---~, Signed, sealed and delivered in LI c: (SEAL) the presence ~AL ARD . MG ITT / { l ~K/~ • (SEAL) ~ c ~ ~ ~ ~ , . • ~ ~ . ( SEAL) S7'ATE OF FLORIDA ~ LIANZEL P. MCDEVZTT COUNTY O~ _ LUC IE ) Before me, the undersigned authority, personally appeared this day Edward A. MCDevitt, Edith M. MCDevitt, and Danie 1 P. MCDev~,~.~ vvell known and known to be the individual(s) described in - and who executed the foregoing instrument, and they acknowledged before me that they executed the same for the purposes therein stated. WITNESS my hand and otficial seal this 22. cfay of March 1973 . ~ ;~C,•i S~ f~' ; Notary Public, State of o da k~' ' '''G'•-. ft~ED °fC~~~EO ~ at targe. My Commissi n xpires: ~ . {`R.: , -:.y ST ` . ~htY F~A. ~ - i . ~t k p'., r:~J~T ; . ~ • ~ ~ y. - , - : _ _ . ~ lX~_.. ~?t o~ AH'73 q~~ ~ . ~ APR O y ; , s~~ ~,on~, , i~J1~~~ Lr,f r ~~2 NAGE ~5~U ~I~f~~~~.,~,v.--v`:. r ~ ~ r ~ ~ ~ e~' x _ ~ ~ ~~°~,.z- . . .