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HomeMy WebLinkAbout1914 E _ 3 ' ~ • _t ~ ? • •J')f t~s~.~ i. l 3. Tl~e mortgagor covenants and agrees that if he shall [ail to pay said indebtede~ess or an) part thereof when due, or shall fail to perform any rnveuant or agreement o[ this instrument or the prontiswry note secured hereby, the ~ entirt, indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the ~ option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry sell said property without appraisement (the mortgagor having waived and assiKned to tl~c mortgagee all rights of ) appraisement) i 1 t ? at judicial Bale •purouant to the provisions o[ 28 L.~.l:. 21101 ~ a 1; ur t (tt) at the option o[ the mortgagee, either by auction or by solicitation of sealed bids, for the highest and best bid complying with the terms of Bale and manner of payment specified in the published notice o[ sale, fiat f y;iving [our weeks notice of the time, terns, and place of such sale, by advertisement not lea,c than once ` during each of said four weeks in a newspaper published or distributed in the county in which said property is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or nay person on behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note) . Said sale shall be . held at or on the property to be sold or at the Federal, county, or city courthouse for the county in which the property is located. The mortgagee is hereby authorised to execute for and on behalf of the mortgagor and to deliver to the purchaser at such Bale a eulUcient conveyance of said property, which conveyance shall contain recital ae to the happening of the default upon which the execution of the power of sale herein granted , depends; sad the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the mortgagee, the agent and attorney in fact of said mortgagor to make such recital and to execute said conveyance and hereby covenants and agrees shat the recitals so made shall be effectual to bar all equity or right of redemption, I~omestead. dower, and all other exemptions of the mortgagor, all of which are I~ereh~ expressly waived and conveyed to the mortgagee; or ' (w1 take any other appropriate action pursuant to state ur Federal f~atutr either in state ur Federal # court or otherwise for the disposition of the properh~. - • t ~ } ~ f . In the event of a sale as hereinbefore provided, the mortgagor or any persons in possession Hader the mort• ~ gagor shall then become and be tenants holding over and shall forthwith deliver posseaeion to the purchaser at such sale or be suauaarily diapoeseseed, in accordance with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted ae cumulative to the remedies for collection of said indebtedness provided by law. 4. The proceeds o[ any sale of acid property in accordance with the preceding paragraphs shall be applied 5rst to pay the coats and expenses o[ 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; and thirdly, to pay any surplus or excess to the person or persons legally entitled thereto. S. Ia the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hcreinabove granted, and the proceeds are not anB'icient to pay the total indebtedness secured by this instrument and evidenced by said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency urithout refined to sppraisement. 6. In the event the mortgagor fails to pay any Federal, state, or local tan aoxesament, income tax or utl~er 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 so 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 tares and liens and the coats, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage shall be canceled and surrendered. 7. The covenants herein contained shall bind and the benefits and advantageu shall inure to the rr,.prctive suc- 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 aU genders. 8. No waiver of any covenant herein or of the obligation secured hereby shall al an. time thereafter be held to be a waiver of the terms hereof or of the note secured hereby. 9. A judicial decree, order, or judgment holding any provision or portico ut this iustrument invalid ur uucnc forceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of thin f ! instrument. ` 10. Any written notice to be issued to the mortgagor pursuant to the provisiow of this instrument shall be ad- dreeeedtoth'mortgagorat 2803 Orange Avenue, Fort Pierce, Florida 33450 and nay written notice to be issued to the mortgagee shall - be addressed to :he mortgagee at P. O. Box 8, Fort Pierce, Florida 33450 s~~~ 3t14 ~E1912 59A FARM 929 t2.~31 ~ ,