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Home My WebLink About1610 6. Mortsgee's fltlgbt to Make CerWra Payroeob. In the event Ma~rtggor tails to pay or discharge N.te toes. liabilities. or eacvmbnnas. a taib to leap the Mortgaged openY insured or to ver the politics. premiums paid, a tails to repair the Mon~aged PropMr as herein agreed, Mortgagee may at its option pay of discharge the taxes. IiabiGties, and entvmbrsnoes a any pan thereof, to ptocvrc acrd pay fa sut~t insurance or to make and pay tot such repairs. Mortgages shall have tto obli~atioa oa iu pan to dnertttime the validity a necessity of any p.ytttatt thereof and any such payment shall not waive a affect any opttom, lien equity a rtgbt of Mortgages under or by virtue of this Mortgage. The full attsottut of each and every such payruent shall be imtnediatdY due and payable and shall btu interest from the date thaeof until paid at the rate of Tea Percent (10*s) per annum. simple interest. snd to- gether •ith such interest, shall be secured by the lien of this wtxt~tge. N.xhinj herein contained shall be oomstrued a: requiring Mortgagee to advarra of expend monies fa any of the purposes tnrnuaned in this par +aPP~h•• . 7, hYttaertt et Expetnea. Mongagot shall pay all the costs. ehuges and expenses, including reasonable attorney's lees. disbursements and coat of abstrans of title, intoned or paid at any time by Mortgages due to the failure on the pan of Mortgagor promptly and fully to perform. comply with and abide by each and every stipulation, ageement, condition and covenant of the Note and this Mortgage. Such costs. charges and expenses. shall be immedi- ately due and payable, whether or not there be notice, demand. attemp to collect or suit pending, and shall ben interest at the rate of Tea Percent (IOgY) per annum, simple interest, until paid. All such coats. chuges and expenses so incurred a paid, together with such interest, shall be secured by the lien of this Mortgage and any other instrumrnt securing the Note. 8. AddlUwal Doerrtreab. At all times this Mortgage is in effect, upon Mortgagee's request, Mortgagor shall make. execute and ddiveY a cruse to be made, executed and ddivered to Mortgags and. where appropriate, shall pose to be recorded a filed and theraRex to be re-recorded or rcfikd at sudt rime and in such places as shall be deemed desirable by Mortgages any and all such further mortgages. instruments of further assurantx, cenifiates and aher documents as Mortgages may consider nteasary a desirable in order to effectwte, oompkte, enlarge, perfect, or to continue and preserve the obligations of Mortgagor under the Note std this Mortgage and all other instruments the Note, and the lien of this Mortgage as a first and prior lien upon all the Mortgaged Property, subjoct only to Permitted Liens. Upon any failure by ottgsgor to do so, Mortgagee may make, execute, record. file, rc-record or refik any and all such mortgages, irutrumenu, certificates and dotutnrnts for and in the name of Mortgagor. Mortgagor hereby inevoa- bly appoints tNangaga agent and attorttmy-in-fact of Mortgagor to do sU things necessary to effectuate or aswrc compliance witA this puagaph. 9. Event of f~eleatlt. Any one of the following shall constitute an evrnt of default: (a) Failure by Mortgagor to pay, as :nd when due and payable. nay imstalltnrnts of principal or interest due under the Nae, or any deposits for rues and assessments or insurance premiums due hereunder. or any other wtms to be paid by Mortgagor hereunder a under any other instrumrnt securing the Nae. (b) Failure by Mortgagor to duly leap, perform and observe any other rnvenant, condition or agreement in the Note, this Mortgage, any other ittstru- mrnt saying the Note or any aher instrumrnt collateral to the Note or executed in connection with the wms secured hereby for a period of 10 days after Mortgages gives written notice spccifyittg the breach. (q If either Mortgagor or any guuantor or endorser of the Note: (i) files a voluntary petition in bankruptcy, or {ii) is adjudiated a bankrupt or insol= vent; or (iii) 61ex any petition or atuwer ssking or soquiexcing in any relief for itsdf under any law relating to bankruptcy, insolvency or ahex rdief R+r debtors, or (iv) sesks or consents to or acquiesces in the appointment of any trustee, receiver. master or liquidator of itself a of all or any substantial pan of the Mortgaged Property, or (v) makes any general assignment for the benefit of trtditon, or (vi) makes any admission in writing of its inability to pay its debts generally as they become due; or (vii) a court of competent jurisdiction rnten an order, judgement or decree approving a petition filed against Mortgagor a any guuantor or rndorser of the Note, ssking any retie( under any present or future federal, state. or other statute. law a regulation relat- ing to bankruptcy. insolvency or other relief for debtors, which order. judgment or decry remains unvuated and ututayed for an aggegue of sixty (tj0) days whether or not consecutive from the date of rntry thereof; or (viii) any trusts, receiver or liquidator of Mortgagor of all or any substantial pan of the Mortgaged Property is appointed without the prior written consent of Mortgages, which appointment shall remain unvauted and unstayed for an aggregate of sixty (60) days whether or not consecutive. - (d) Any breach of any warranty or material untruth of any represrntation of Mortgagor contained in the Note, this Mongaae or tn~ orher instrumrnt securing the Note. 10. Aeeeleratloa. 1f an evrnt of default shall have occurred, Mortgags may dcclue the outstanding principal amount of the Note and the interest accrued thereon, and all other sums secured hereby, to be due and payable immediately. Upon such declaration such principal and interest and other wins shall immediately be due and payable without demand or notice. 11. Rtraedks firer Defwlt. Upon an evrnt of default, Mortgages may proceed by wit or suits at law or in equity or by any aher appropriate prooeexf- ing orremedy to: (a) enforce pa~memt of the Note or the performance of any term hereof or any other right; (b) foreclose this Mortgage and to sell, ss am rntirety or in separate lots or pucels, the Mortgaged Property Under the ltdgemrnt or dean of a court or cants of compnrnt jurisdiction; (c) collect all rents, issues, profits, revrnue, income and other benefits from the Mortgaged Property (d) appoint a receiver to enter upon and late possession of the Mortgaged Property and to collect all rrnu, tssues, profu, revenue, income, and other benefits thereof std apply the same as a coon may direct and such receiver shall have all rights and powers permitted under law; and (q pursue any other remedy available to it including, but not limited to taking possession of the Mortgaged Property withuc notice or hearing to Mortgagor. Mortgags shall take action either by such prooeoditrgs or by the exercise of its power with raped to rntry or taking possession, or bah. as Mortgags may daermine. 12. No Waiver. No delay or omission of Morlgags or of any holder of the Note to exercise any right, power or remedy accruing upon any evrnt of de- fault shall exhaust or impair any such right, power or remedy or shall be construed to waive any evrnt of default or to constitute acquiescatce therein. 13. Noes-Eultnive Remedies. No right power or remedy conferred upon or reserved to Morlgages by the Nae, this Mortgage or any other imswmrnt securing the Note is exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative std eottcunrnt and shall be in addition to any other right, power and remedy givrn hereunder or order the Note or any other ituwment securing the Nore, now or here- after existing at law, in equity or by statute. It. Sraeeasors and Atasigns 18ottttd. Whenever one of the parties hetao is named or refened to herein, the heirs. successors and assigns of'wch parry I shall be included and all rnvetrants and agrsmcnts contained in this Mortgage, by or on behalf of Mortgagor or Mortgags, shall bind and inure to the i benefits of their respective heir, successors and assigns, whether or rtes so expressed. - - ! IS. Mbeellaneoas. In the event that any of the covenants, agsments, terms or provisions contained in the Note, this Mortgage or any orlter instrumrnt F securing the Note shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agesmrnts, terms or provisions contain- , ed herein and in the Nae and any other instrument securing the Note shall be in no way affexted, prejudiced or disturbed thereby. F 16. Attorstey's Ftes.,The term attorney's fets"u used in this Mortgage includes att);`a`ltd{dl ~ teks of irhatever'natttre ipdttding, but not limited to, fees resulting from any appeal of an interlocu[ory order or final judgment or any other appellate prooeedinggrising out of any litigation. 17. No Trsasfer. It is understood and agreed by Mortgagor that as pan of the inrluceartemt do Mortgages to make the loan evidenced by the Nae, Mortgags has considered and relied on the credit worthiness and reliability of Monpgor. 1Ntktgagor covenants and ogees nt)s+tp gQlj•convtY, transfer, ~ lease or further ertntmber any interest in or any put of the Mortgaged Properly without the prior rpgtten of Mortga nd any su sale. convey- ' i once, «ansfer, lease or encumbrance made without Mortgags's prior writtrn rnnsrnt shall be void. 1f -any person'slfodd ~ lA~hl~4~ in all or any ~ part of the Mortgaged Property pursuant to the execution or enforcement of any liets.;lecnritr art)eresTDrTRtter'tiglrt,dyrftt~e~r~~ or subordin- ~ ate to this Mortgage or the lien hereof, such event shall be deemed to be a transfer by Mortgagor and an evrnt of default eu 18. Ckaages to Mortga~. All changes, alterations, deletions or additions to the wbst:noe of any paragaph in this Mortgage which have been agetd to betwesn Mortgagor anndd Mortgages have bsn initialed, by Alortgagor as additional proof of Mortgagor's cor?sent. i IN WITNESS WHEREOF, the Mortgagor has executed this instrument the day std yen above first written. a Signed. sealed and delivered in the presence of: - _ ~ - ~ !Seal) F _ Witness ~ signal el H r 1S , Jr . ~ (t~,t.rt~ (Seal) s witness a t0 MOrtgagorS signature Peggy Ann Harris !Seal) Witness Signature - STgTE OP FLtMIDA COUNTY OF Indian. aver The foregoing iastrtpmeitl was acknowledged before me this~,j~day of Agrl1 . 19~~. by _SamuE±1 Ha rr i a r Jr . (Mortgagor's names) . ~ _ _ and Peggy Ann Harris, his wife ~Lt1,~Q~(~ - _ - Notary blic, Stare of Florida at Loge • Plotary per. State of Ronda h':! Co,~~ riss~oa Fz ' ~ t ~r~ c.rc; t,~~ L:. 1981 ' E:.~.: cJ bi c. ! :-r - 4 - MS-FLA. 10/78 Rer. 3n~r3U8 p~CF~/~~0 - - - lh1 _