HomeMy WebLinkAbout2664 lasediately and vithout notice, ~say institute proceedings to foreclose this
sortgage aad apply for the appointsent of a Receiver, as hereinsfter provided.
8. If any of the sues of aioney herein zeferred to be aot proa~ptly and fully psid
vithin thirty (30) days next after the same severally become due and payable.
or if each aad every the stipulations, agreeoents, conditions ud covenants of
said promissory note and this deed, or either, are not dulq perforsed, Co~plied
with, and abided by, the aggregate su~ advanced by SMA to the lbrtgagor under
the terms of the praoissory note at?d this deed then remaining unpaid, less any
consideration received by SMA for making this loan after deducting the costs of
SMA in making this loan, shall become due and payable forthwith or t6ereafter
at the option of g~, as fully attd conpletely as if said aggregate sus of money
were originally stipulated to be paid on 8u~h a day, anything in said promissory
note or herein to the contrary notWithstanding. It is the intentioa of SMA that
in no event should .the mortgagor pay more than the legal rate of intereet allow-
ed under the Laws of the State of Florida.
9. Until the default in the performance of the covenants and agreeaents of this
Mortgage, the Mortgagor shall be entitled to collect the rents, issues and profits
from the presnises hereinbefore described, but in case of a default in any of the
terms of this Martgage or the filing of a bill to foreclose this or any other
Mortgage encumbering the vithin described property, SMA shall immediately, and
vithout notice and as a matter of strict right, be entitled to the appoiatment of ~
a Receiver of the mortgaged property, both real and personal, and of the rents,
issues, profits, prepaid rentals or security monies, deposits and re~renues thereof, -
from vhatsoever source derived, with the usual powers at?d duties of Receivers
in such cases;,and such appointment shall be made by such ca~rt as a matter o~
strict right to SMA its successors, 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 Mortgagor, or Hortgagor's heirs, legal tepreseatat-
ives, successors or assigns, and that such rents, profits, prepaid rentals or
security monies, deposits, incane and revernue shall be applied by such Receiver
to the pa}rm~nt of the Mortgage indebtedness, cost and charges, according to the
order of such court, and such Receiver may be continued in possession 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 priacipal or interest, the
rents, prepaid securf tfes and deposits, revenue and prof its of the said prenises
are hereby assigned to the holder of this Nortgage as further security for the
payment of the said indebtedness.
11. The Mortgagor shall not erect or permit to be erected any new buildings on the
pr~nises herein mortgaged or add to or permit to be added to any of the existing ~
improvements thereon without Xhe written consent of SMA,.and in the event of any
violation or attempt to vio2ate this stipu~ation this Mortgage and the indebted-
ness secured hereby shall iwmediately become due and collectable at the option of ~
SMA. To keep the above described premises in first class repair and in as good
condition as they now are; to permit SMA to enter upon and view said premiaes.
The buildings naw located on pre~nises herein or vhich may hereafter be located
or erected thereon shall not be relocated thereon ur removed therefrom, altered
or remodeled without the written consent of SMA or assigns; atid, in case of
breach of this condition, the parties so doing or the Mortgagor shall be liable
to S?~SA or assigns for any damage or impairment of the property securing this
mortgage; and this mortgage and the note secured therebq shall, in ita entiretq,
becane i~ediately due and payable at the option of SMA . 11iis mortgage lien-
i extends to any building now situate or vhich maq hereafter be situate or located
; on said premises and materials composing said buildings, whether attached or
; detached to the real estate herein; and in case of the r~oval of any buildings
noW located on said pr~ises or which may hereafter be located thereon or the
' material composing same during the ters of thia mortgage to some ~ther premises,
~ the lien of this mortgage shall ranain and be enforceable against r~aid buildings
~ or material wherever same may be moved or relocated.
12. If foreclosure proceedings of any inferior mortgage or trus[ deed or of aay lien
of any kind should be instituted,g~ may, at its option, i.~ediatelq or therr
after declare this Mortgage and the indebtedness secured hereby due aod payable.
13. That in the eveat the Mortgagor should assign the rents of the mortgaged premieea
~ or any part thereof without the consent of SMP,, then the entire principal sus stcured
hereby shall, at the option of SMA , becaae 3mmeciiatply due and payable.
; 14. That in the event the premises hereby mortgaged, or su3r part thereof, shall be
~ conde~nned and taken for public use under the power of eminent dorain, SMA shall
have the right to demand that all damages avarded for the taking of or dasiages
to said pre~iaes shall be paid to SMA, its auccessors or assigns, up to the
s a~nount then unpaid on this Mortgage snd may be applied upvn the payn~ent or
? payments last payable thereon.
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