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HomeMy WebLinkAbout1840 1 ~ ~ i - ~ ~ t payment of the Note is sold, assigned, transferred, alienated, mortgaged or otherwise hypothecated, with or without consideration, or the undersigned's title or interest therein is divested, whether voluntarily or involuntarily, or the undersigned enters into a lease on any of the property subject to the mortgages or deeds of trust securing the Note,_except that such right of acceleration shall not exist with respect to sales, transfers or hypothecating of property not prohibited by the Purchase Agreement. t~ 20. That if, during the existence of this ~ Mortgage, Mortgagor or any subsequent owner or owners of the property affected by this Mortgage or any part thereof or -any interest therein is denied or estoppel from receiving irrigation water- for -use -upon said property or any part thereof, Mortgagee shall have the right, at its option, to declare all sums secured hereby immediately due and payable. - 21. This Mortgage applies to, inures to the benefit of, and binds all parties hereto and their successors and assigns. The term "Mortgagee" shall mean the owner and holder, including pledgees, of the Note secured hereby, whether or not named as Kortgagee herein. 22. If any provision hereof should be held ' - unenforceable or void, then such provision shall be deemed separable from the remaining provisions and shall in no way affect the validity of this Mortgage. 23. That the right to plead any .and all statutes - of limitations as a defense to any demand secured by this Mortgage is hereby waived to the full extent permissible by law, and to-the full extent permissible by law 'I 9 9 Y Y 9 i hts and remedies Mort a or hereb waives an and all r relative to homesteads, exemptions, marshalling of liens and assets and redemptions. - _ I 24. That Mortgagee shall be subrogated for j further security to the lien, although released of record, of any and all encumbrances paid out of the proceeds of the loan secured by this Mortgage. i -2 I granted to Mortgagee in respect to any part of ' property which under Florida laws might n r hereafter be construed or considered as persona oprty, and, with respect to any such personal pro y construed or - considered to be personalty fixtures, this Mortgage shall constitute a Secu Agreement under the provision _ of the Florida Uni Commercial Code, Chapter 679, Florida Statu The term "Mortgagor" shall also mean "Debtor" the term "Mortgagee" shall also mean "Secured Part erever the context of this Mortgage so requires 26. That upon request of Mortgagee from time to time Mortgagor will execute, acknowledge and deliver all 9 _ 80~KJ1~ PAGE~OJ~ I