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HomeMy WebLinkAbout0358 ~ 12. Mortgagor agrees as a condition hereof that all obliga- tions, assignments, releases of real property and/or personal liability, reamortizations, renewals, deferments~ extensions or any other agreement, in writing, made by one or more of the parties herein designated as 1?Iortgagor with Mortgagee are hereby authorized and consented to by all parties herein designated as Mortgagor and shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of all the parties herein designated as Mortgagor. . 13. The Mortgagor does not intend or expect to pay nor does the Mortgagee intend or expect to charge, accept or collect~ any _ interest hereunder or under the Promissory Note secured hereby greater than the highest legal rate•of interest which may be _ charged under the laws of the State of Florida. Should any charge, payment and/or computation result in the payment, receipt and/or earning of interest in excess of such legal rate, any and all such _ excess shall be credited to the then remaining principal balance of the Promissory Note as of the date of each such payment. 14. That if any clsuses or provisions herein contained operate or would prospectively opera~e to invalidate this ;~iortgage or said Note in whole or in part, then, such clauses or provisions only shall be held for naught, as though not herein contained, and the remainder of this Mortgage shall remain operative and in full ~ force and effect. ~ 15. That (a) in the event of any breach of this mortgage or default on the part of-the Mortgagor, or (b) in the event any of said sums of money herein referred to-be not.promptly and fully ~ paid~within thfrtq days next after the same severally become due ~ and payable, without demand or notice, or (c) in the event each an~l every the stiuplations, agreements, conditions and covenants of said promissory note and this mortgage, any or either, are not duly, promptly and fully perforned, discharged, executed, e€fected, completed, complied with and abided by, then, in either or any such event, the said aggregate sum mentioned in said promissory note then remaining unpaid, with interest accrued, and all moneys secured i hereby, shall become.due and payable forthwith, or thereafter, at ~ the option of said Mortgagee, as fully and completely as if all of the said sums of money were originally stipulated ~o be paid on such day, anything in the said promissory note, and/or in this mortgage to the contrary notwithstanding;_and thereupon or thereafter at the - option of said .~Iortgagee; without notice or demand, suit at law or in equity, theretofore, or.thereafter begun, may be prosecuted as if all moneqs secured hereby had matured prior to its institution. 16. That in the event-that at the beginning or at any time pending any suit upon this mortgage, or to foreclose it, or to re- forna it, and/or to enforce payment of any claims hereunder, said Mortgagee~shall apply to the~court having jurisdiction thereof for the appointment of a Receiver, such court shall forthwith appoint a Receiver of said~mortgaged property all and singular, including all and singular the rents, income, profits, issues and revenues from whatever .source derived. each and every of which, it being expressly understood, is hereby mortgaged as if specifically set forth and described in the granting and habendum clauses hereof~ and such ~ Receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a Receiver, and such appointment shaZl be m~de by such court as an admitted equity and a matter qf . absolute right to said I~ortgagee, and without reference to the _ adequacy or inadequacy of the value of the property mortgaged or to the solvency or insolvency of said Mortgagor and/or of the defendants, and that such rents, profits, income, issues and revenues shall be ~ applied by such Receiver according to the lien and/or equity of said Mortgagee and the practice of such court. • ' t -5- ~~274 ~ ~ - u?w on~ca ~or+N H. ~ vEao ~a? ~ .