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Home My WebLink About1353 ~ 3. The mortgagor covenants and agrees that if he shall [ail to pa) said indebtednrs, or an) part thereu[ when due, or shall fail to perform any covenant or agreement of this instrument or the prou~issory notr secured hereh)•, the entire indebtedness hereby secured shall immediately become due, pa)•able, and collectible without notice. at tl~e option of the mortgagee or assigns. regardless of maturity, and the mortgagee or his assiK~?s nay before or after entry sell said property without appraisement ~ the mortgagor having waived and axsiKnrd to the mortgagee all rights o[ appraiaemcnt) ~ t) at judicial sale pursuant to the provisions o[ 2811.5.(:. 21101 ~ a ~ ; ur (tt) at the option of the mortgagce, either by auMion or by solicitation of sealed bids, for the highest and best bid complying with the. terms of sale and manner of payment specified in the publiuhed notice o[ sale, Ent giving four weeks notice of the time, termer and place o[ such sale, he ad.rrtisement not le~:+ Ihan w~cc during each of said four weeks in a newspaper published or distributed in the county in which said property q is situated, all other notice being hereby waived by the mortgagor (sad said mortgagce, or any person on behalf of said mortgagce, may bid with the unpaid indebtedness. evidenced by said note) . Said sale shall be Geld at or on the property, to be sold or at the Federal, county, or city rnurthouse for the county in which the property is located. The mortgagee is hereby authorised to ezecute for sad on behalf of the mortgagor and to deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain recital as ts? the happening of the default upon which the czecution of the power of sale herein granted depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the mortgagee, the ag~:nt and attorney in fact of said mortgagor to make such recitals and to execute said conveyance and hereby covcnanL and agrees that the recitals so made"shall be effectual to bar all equity or right of redemption, homestead, dower, and all other exemptions of the mortgagor. all of which are hereh~ expressly waived and conveyed to the mortgagee: or (tut take any other appropriate action pursuant to state or t~ederal atatutr either in state ur M•~•~leral court or othrrwiae for the disposition of the property. r In the event of a sale as hereinbefore provided, the mortgagor or any persons in possession under the mort- gagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser rt such sale or be summarily disposseaaed, in accordance with the provisions of law applicable to tenanlR holdinK over. The power and agency hereby granted are coupled with an interest and are irrevocable by- death or otherwise, anal are ~graated as cumulative to the remedies [or collection of said indebtedness provided by law. 4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first to pay the costs and ezpensea of said sale, the expenses incurred by the mortgagee for the purpose of protecting or main- taining said property, and reasonable attorneys fees; secondly, to pay the indebtedness secured hereby; anal thinlly, to pay any surplus or ezceas to the person or persona lcgallc entitled thereto. ' S. In the event said property is sold at a judicial foreclosure axle or pursuant to the power of sale hereinabove granted, and the proceeds are not sul6cient to pay the total indebtedness secured by thin instrument and evidenced by said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency urithout re6ard to appraiaement. F ! 6. In the event the mortgagor fails to pay any Federal, state, ur local tax assessment, income tax or other tai lien, charge, fee, or other expense charged against the property the mortgagee is hereby authorised at his option to pay the same. Any sums eo paid by the mortgagee shall be added to and become a part of the principal amount of tl~c indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all ~ fazes and liens and the costa, fees, and expenses of making, enforcing, and ezecuting this mortgage, then this mortgage -halTbe canceled and surrendered. Y 7. The covenants herein contained shall bind and the benefits and adwutages shall inure to thr rcrpectice •uc- " censors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. a 8. No waiver of any covenant herein or of the obligation secured hereby shall at an. time therea[ter br held to be a waiver o[ the terms hereo[ or of the note secured hereby. 9. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid ur uuen- - forceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of this instrument. t 10. Any written notice to be issued to the mortgagor pursuant to the provisicns of this instrument shall be ad- dressed to th. mortgagor at ?ll S.W. lath Road, Miami Flo i - and any ~n~ ~o be issued to the mortgagee shall 3 be addressed to the mortgagee a 001 East 9th Street, t~ialeah, Florida, 33011 GPO 921-2.~ ~ F ~G~~ 3t11 P.+r SBA FORM 928 (273) ~~+VVV _ _ c i -