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HomeMy WebLinkAbout2557 curred by \fortgagee in connectioa with any suit to enforcc collection o: to foreclose this mortgage in the eve~t ~ this martgage snd the aote or other indebtedness and awounts herebg secured be placed in the handa of en attoraey for eolltction, and for the psyment of all such amounta this mortgage shall stand as security end any such ~um or sums so paid shall become a part ot the indebtedness secured hereby. 7. In case 11lortgagor shell tail to promptl~ discharge any obligation or coveaant as pTOVided hercin, :~iortgagee shsll ha~•e the o~tion, but no obligatioa, to perform oa behalf of 1lfortgagor, Any amount which ~fort- gagee may e:pend in perEotming auch act or in ~connection therewith, with iatenst thereon at the rate of xg~ 9-],~2 per ceat per annum, together with all e:penses, inctuding ressonable attorney's fees incurred by 111ortgagee, shall be immediatelp payable by ilortgagar and shall be secured by this mortgage, and 111ortgagec shall be subro- g~ted to any rights, equities or liens so discharged. 8. That if the principal or interest on the note fierein deseribed or any psrt of the indebtedness secur~d hcrcby or interest thereon be not paid when due, or if ~Iortgagor shall fail to pay any taaes, assessmenta, chargea, " or impositions as the same become-due and payable, or if default be made in the full and prompt performance of any covenant or agreement herein contained, or if any proceedings be instituted to abate any nuisance on the 1ltortgaged Premises or if anp proceedings be instituted which might resutt to the detriment of the use and enjoyment of the premises, or if \fortgagor shali make an assignment for the benefit of cnditors, or if a re- cei~•er, liquidator or trustee of ~fortgagor or any of ~~ortgagoi s property be appointed, or it ~1lortgagor is adjudi- . cated a bankrupt or insolvent or anp of ihe properip of 1lfortgagor be sequestered, or if 1ltortgagor files or consents to the filing of anr petition or proceeding under the National Bankriiptc~ Act or similar State or Federal Statutes, as now or hereafter in effect, or if such petition or proceeding is filed against \tortRagor and not dismissed within siaty (60) days after such filing, or if 1lfortgagor shall admit inabilitp to pay debts as they become due, or if ~fortgagor be a corporation, if its directors or stockholders shall institute or consent to any proceedings for the dissolution or liquidetion of 1lfortgaror or fail to do all things necessarq to maintsin the ~ ~ e:istence of 111ortgagor, or if any law shall be enacted or decision rendered by anp court of last tesort imposing any tu or assessment not now in effect upon this mortgage, or the note secuced herebr, or anp interest of 1ltort- gagee in the tiiortgaged Premises, or rendering inoperative the ondertakings fo 1liosigagor to pay all taaes arising as a result of this transaction other than taaes on the interest income herefrom, or which results in the deduction from ~•alnes of Iands, for ta~c purposes, of the amount of any lien hereon, or altering the laws for the tazing of mortgages or debts secured thereby, then on the liappening of anq one or more of these e~ents, thi~ con~efance shail become absolute and the whole indebtednes secured hereby shall immediately become due and payable at the option of :liortgagee and this mortgage may thereupon be foreclosed for the whole of said monev, interest and costs, or :1~ortgagee may foreclose only ss to sums past due without injury to this mortgage or the displ~cement or impairment of the remainder of the lien thereof, and at such foreclosure sale the property shall be sold subjeet to all remaining items of indebtedness and the Afortgagee may again foreclose in the same manner as often as there may be any sum past due. 9. If at anp time after default by ~?fortgagor a recei~ership may be necessary in t6e opinion of Diortgagee to protect the lien hereof, or at the time of or after the institation of suit ta collect the indebtedness hereby secured, or to foreelose this mortgage, ~iortgagee shall, as an admitted equity and as a matter of strict right and regard- less of the ~alue of the propert~, or ihe solvency or insolrenc~ of 4iortgagor or any party bound for the papment of the indebtedness ha~•e the sight to appoint, on ea parte application and ~ ithaut notice to anpone by any proper court hacing jurisdiction, of a receiver, which reccicer shall hare ali of the broad and effectice poviers and functions in any wise entrusted bf the court to a recei~•er to tske charge of, manage, preserre, maintain, care for and protect the 11~ortg'aged Premises and to collect renfs, issues, proceeds, produce, profit, income and re~•enues of thc 1?fortgaged Premises from whatscever source deri~~ed; to make all necessary or needful repairs ! and to cutti~ate, operate, dust, prune, fertiliae, lime, drain, irrigate and protect from damage.bv fire, the timher, fields, pastures, orchards, citrus gro~•es and all other agrieultural deti•elopments located on the :liortgnged Premises ~ and to market the products thereof and receice anJ collect the procceds thcreof and such recei~ership shall, at ` the option of :liortgagee, continue until the fall papment of all sums hereb~ secured, or nntil title to the \fort- ~ gaged Premises shall hare passed on sale under a foreclosure of this ~nortgage. ~ i ; Ir Is AceeEn that granting an~ e~tension of time of ~~a~ ment of an~ sutn coming due under the note aforesai~i ; or under this mortgage, to anp person, or the taking of otl~er or additional security for the paSmen! il~ereof, a the kaiver of, or failure to etercise, anf right to mature the wi~ole debt or any other waicer hf 1lortgagee shall not _ in any ~cise affect this mortrage or the rights of ~tortgagee hereunder, or operate as a release of any liabilitc or ~ any co~~enant or stipulation l~erein contained. The several righta and remedies in this mortga~e contained, procide~, i declared or authorizcd, shall he constnied and deemed ns cumulati~•e and no one or more of them as exciusi~-e ~?f - the other or any of the others or of any rights or remedies which now or hereafter ma~ be gi~•en or allowed t>~ law. ~ \fortga~or unconditionally grants to ;1lortgagee the- right to enter upon and inspect the ~fortgaged Premisrs ~ at all reasonable times. ' The ~cords "~tortgagor" and "1liortgagee' when ns^d herein shall be taken to inelude the sin~ular and plural- i numher 8i1(~ masculine, feminine OT neuter gender, 8$ IIISf iit ihe case, and SIIS~~ ~Ittiiic~i iuE ~:f:TS~ ^..4 ~D.^.ES+*~Fnrc~ caccutors, successors and assigns of the parties hereto. Each and all of the terms and provisions hereof shall e~c- ; tend to and be a part of any renewal or extension of this martgage. In the e~ent that there is more than one - mort~a~or, then, at the option of ~lortgagee, any act or action bp, on behalf of or against either mortgagor, shall ; hare the same effect as though br, on bchalf of or against all mortgagors. This mort~age and the note seeared hereby constitute a Florida contract and shall be construed according : "s ~1~ ;'c~ 2551 ~ - - - -