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Home My WebLink About1575 i ~ . . . ~ ~ kvied upa? the I~fortgage or the debt secured hereby, or againct tha holder thereof, a providea that any amount w psid by the Matgagat must be cmdited on the mortgage~d debt, the \lortgagce shall have the right to give niuety days' written notice to the owne~ oE the mat- SaB~ p~. re9wnng the Ps)'roeat oE the mort~age debt, with a~ccrurd iatereat and charges. lf such natice be given. the said debt, with acerued 'wterest snd charges. shaU became du~ payablo aad ooliectible at the expiratioa oE said aiaety days and upon default in tuc•h paymeat aEter such nincty da~~s, this I?lortgago way be unmediately fo~acbsed. 13. That if at any time in the opinion of the Mortgagee a raoeivaship may be aecessary to protect the matgsged propaty~ ~ reats, issues, proEitt. or praduce, whMher before or afte:r maturity of tha iadebtedneas hercby socured. o~ at the time of a aher tution of suit to coUect such iadebtedness or to enforce this biatgagq tl~e M~ctgagee shall. as a matter ot strid right and regardlas oE the value of the martgage sec~rity Eor the amounts d.ue hereunder or sec~u~ed hereby. or of the solveacy aE any pa~ty bound for tl~e pay- meal of such indebtednes.s. have 1he right to the appointa~ent on eu parte applicstion. and without notice to anyoae, by any Caatt baving jurisdictioo, of a Reeeiver lo take charge of. manage, preserve. pmtect aad operate said property, to collect the rents. issues. profita aad ir~come theroof. to make all necessary or aeeclful repaus, and topay all tares and asses.anents against said property and insuraa~e prani~u far insurance thereof. and after the payment of the ~ of the receivenhip and managemeat of the prc~perty to app1y the mt pracoeds ' +n reduction of the indebtedaess hercby secur~d or ia such maw~er as the Court shall di~ect. Such receivership shall, at the option of Mort- gagee, ooatinue until full payment of aU swns he~eby sxured. or uncil cicle co sa~d p~operty shall ha~re passed by sak ~nder tlds Ma~tgage. 14. That the security h~eia and hereby provided s6a11 aot afioct nor bo affeaed by any athe~ or further ty takea ar to be takea for the same indebtedness, or any part thereof: anci the said 1?loitgagor haeby declares that the property. h~befare meatianed and conveyed to said ~lortgages farms no part of anY P~at~Y awced, used or claimed by the said Martgaga as rxemptod from foroed ~ sale under the laws of the State oE Fbrida, aad dLsclaiins, waives, and renounces all and every claim to exanptioa anda any lwmestaad e:anption or other 1aws. ~ 15. ShouW the Nortgagec at any time request ia writ~~ gt}wt the Mortgagos coaf'um the amo~mt of the indabtedoess fa p ~ and interest secured by this Mortgage and the validity of the lien haeof, the 11lartgagor coveaants and agrees to give such written~r- mation within five days after rereipt of such written roquest, or wit6in said penod of time to advise t!?e I?iortgagee ia writing of aay ; dispute as to the amount of the indebtedness secured hgeby or We validity of this 111atgage, ar_the lien hereof. ~ ~ 18. That in the event thc premises hereby mwtgaged, ar any pxrt thereof, shall be coad«nned or taken under the power oE aninent ~ domain the lfoctgagee shall have thc right to demand that all damages awarded Eor the taking of or injury to said pranises shaq be paid Lo the Mortgagce up to the amount then unpaid oa this 21io~tgage, azd may be applie~d to any sumt last payabk haeunder. ~ 17. It is agreed that nothing herein oontaiaed twr any transaction mlated tbereto shall be construed or so ope~ate as to requira tLe ~ \iortgagor to pay interest at a rate greater than it is now lawtul in such case to contract for, or to make any paymeat or to do any act con- ' trary to law• that i( any clauses or provisions herein rnntaiaed aQerate or wouM prospecti~~elyo~e rate to invalidate thLt Matgage or said = \ote in w•holr or in d, thcn, such rlaiues anci pm~itions only slwll be held for naught, as though not heiein cantained, and the remaindet ; ie~ of this I?tatgage sha 1 remain operative and in full fasce and efEect. ~ 18. In the event of any default or brcach on the part oE \tortgagor hereunder or of said promissary note, the Mortgagee shall have ~ the co~tinuing option to enforcc thc payment of all sums secvred hereby by aMion at hw or by suit in equity to forerbse this martgage. f either.or both, concurrendy or othmvise, and one action or suit shal) not abat~ or be a bar to or waiver of the Mortgagee's right to-insti• { tute or maintain the other, provided said A~ortgagee shall ha~~e only one payment in satisfartion oE said indebtedness. _ 19. If this mortgage is subordinate to prior mortgages encumbering the encumbered property, then, in addition to all othet righta, ~ remediec and privileges it may ha~•e, thc ~tortgagc+e shall ha~•e rights. remedies snd privileges identical to those granted to the inat- ~ gagees under the prior mortgages, ezcept as to those rights, remedies and privileges incapable of ecercise by the Mo~tgagee; and said rights ~ remedies and pmileges aze hereby incorporsted iato thic mortgage by reference and made a part hereof. It is the intention of the puties ~ that the 1?iortgagce shaU have, in addition to the rights, remedies and pri~tileges it may haee under this matgage, by law. and by agreo- ~ ment with the ~fortgagot, the same henefits, security and protection grdnted to the nwrtgagecs under the prio~ mortgages, save oaly T such as are rekasod in v?riting by the \tortgagee or such as may be exercised by the fiist tnottgagee abne. ~ 20. In the event of forcrkxure of this moct a e or nther hansfer of title to the inort g. ~ B S 8a8~ PropedY, all ri ht title and Interest of the \Iorty;a~cx in and tn am• imuran:r ~x?lici~~ then in fome, inc•ludintt al! premiums thereon paid in advance, and to~ether with all deposits 3 and advance payments for uti}ity ser~ice of any kind or nature, hc7etofore or hereafter deposited by the Atoctgagee for such utility service. in Connection wilh thc opctation of thc mcxtga~ed premiscs, shall ~ss to the purchaser ar grantee. ~ 21. ~iortgagar co~•enantc ancl aRr~rc to (irst obtain the written eonsent of the ~fortgagee before removing or demolishing u~y build- ~ inq now or 6ere.?(t~•r rnrt~Yi on th~ premises. or alte~rin~ the arranRcment, design or stroctun?1 Charader thereof, or making any repaits which invoh•e the remo~•al of stn~ctural parn or the c~~wcure of the interior of the subject building to the elements. 22. If the indebtedness secwecl hrrrhv is now or hereaher further secured by chattel mortgage, pledges, contracts of guaranty, as- ~ signments of leases, or other cecuritics. nr ii thc premises herc~y encumbered consist of more than ~e parcel, the 1liortgagee may, at its y ; option exhaust any nnc or ~nore oF s.?id seYy~ritics and the sir~vih• heTeunder or such parcels of the security hereunder, either coexurrently or independently, and in such ordrr ac it may drterminc. ! 23. With.ait aFfcMing the liability of the ~tortRagor or any other person (~xcept any person expressly released in writing) far pay- F ment of any indebtedne~cc secured here6y or for prrfamance of any obligation rnntained herein, and without affecting the rights of the . ~ \fortgagee with respect to any sen~rih~ not ecpres.cly released in vvritinR, the \fortgagee may, at any time and from time to time, eithef b~ ' E fore or aftc~r the maturity of ssid note and ~sitha~t r~otia: and rnascnt: ~ i ~ ( a) Release any person liable for payTnent of all or any part of the indcbtedness or for performance of any obligation. 7 (b) Make any a~reement eztending the time or other~•ise, alt~•rinq the tenns of paymcnt of al) or any part if the indebted- ness or modiFy~ng o~ wai~~ing any ohligation or suF~rdinating, ~ncxlifying or otherw•ise dealing with the laan of charge ( hereof. ~ (c) Exercise or rehain from e.~ercising cx N•aive any right the Mo~rtgagee may have_ ( d) Accept additional senuity of any kind. ~ ( e) Release or otherwice deal with any propcrty, real or pcrsonal, securing the indebtedness, induding all or any part oE ~ the propcYty mortgaged hereby. ~ 24. Any aRrerment hercaker made by ~tortga~or and ~lort~aqee pursuant to. this mortgage shall be superior to the rights of holders ~ of any intervening lien or encumbrance. 25. tn the event there ecists any inecxuictcncy betw•een the provisions of this mortgage and the provisionc of any supefior mortgage, ~ ~ the provisions of the superior mortKaRe chall prc~•ail. \~~thin~ rnntained in this mortRage shall be~ construed in such manner as to constitute ~ a violation of any pro~ision of any superior mortRage; and nothing contained in this mortqage shall be deemed or construed to entide mat- qagor or autharize the mortgas;oe to do any aM or thing w~liich K'MII(~ rnnstitntr a~~iolation of any covenant or agreement of mortgagot ~ contained in any supc~rior mort~agc. a 28. 1t is agreed that if 1~y oF the property herein mcxt~aRrd is of a nature so that a sectvity interest therein can be perfected under the Uniform Canmercial Code. thic instrnm~•nt ch:tll crm~titnte a secarity a1Greement arnl atortqaRor aRrees to jan with 111ortgagee in the execution o[ any financing statcmrnts ancl to c~crute .tny ~thc~r instn~mentc that may ~x requir~ for the pcrfection or renewal of such se- ~ curity interest under the l'niE.nm G„nmercial Ccxle. ~ Satisficatinn of thic mortgage, w•hen recorded, shal) corutitute a satisfaction oE any financing statemeM filed in cormection w•ith this instn~ment, or rcne~val~thereof. - ~ x 27. In addition to the obliqation d~scribed above ac e~-idrncc~l by the promissory note, this mortgage is given to secure any ar?d all ' obligationt from the \tortgagor to thc 1lortqaRee by ~irhie of any security aRrcement, promiscory note or other ap,reemrnt between Nort- ~ gagot and 111ortgagee and for aU obligationc of \tortgagor to ~tnrtga~ce, contingent or a!?.tolute, direct or indirect, regardless of hawever or ` ? whenever tteated. ; i i } 3 28. 'fhe pro~tisionc hercv,f chall be binding u~n the \tortRaRor and the heirs, de~•isees, personal rc~resentatives, successors and is- ~ ; sigru of the \fortqagor, as thc cau miy }x~. :~nd inure to th~ }?encfit of thc Jicxt~aqcc and the hcirs, de~•isees, personal reprecentatives, ~ sucrossors and assigns of the ~tort};~agee, :~s the c~se may }x~. ~~'h~TC more th:us one I?tortgaqor is named herein, the obligations and liability ~ of said ~tortgagor shal) bc joint and se~rral. ~ 29. That, in order nx?re fully to protcct the sccurity of thic mortRaRP, I?tortgagor, together wtith, and in addition to, the monthly pay- ' ~ meots under thc terms of thc n~e securcd hcrcby, on d~c speci(ia1 date of cach month until the said note is fiilly paid, will pay to Mat- Ragee the following sums: (a) M ir~stallment of the taxes and as.xssments lr~7ed or tn bc le~icd aqairut the premises crn•ered by this mortgage; and ; an inctallment of the premium or premiums that will hecane due and payable to renew the insarance on the premises eo~•ered hereby aqainst lac~ by fire, arxl w~indctorm, or ~uch other ha~ard as may reasonably be required. Sueh install- ' ~ ments shall be equal, respecti~•ely, to one-t~•e{fth (1/12th) of the estimated premium or premiums for such iasurance. ~ r i eoe~ 311 ~acE1574 ~