HomeMy WebLinkAbout0154 The mortgaged premises being located in the State of Florida,
this mortgage and the rights and indebtedness hereby secured shall
without regard to place of contract of payment, be construed and
enforced according to the laws of the State of Florida.
NOW, if the payments are made as provided and all the foregoing
covenants and agreements are performed and observed, this mortgage
shall be null and void and shall be released at the cost of the
mortgagor, which cost the mortgagor agrees to pay; but upon any default
in the payment of the indebtedness hereby secured or of any install-
ment thereof or of interest thereon, as they severally become due,
or upon any default in the performance or observance of any of the
terms, covenants or agreements of this mortgage or of any of the
assignments .or leases from time to time given by the mortgagor to
mortgagee as further security for said loan, then in any or either
of said events, the whole of the indebtedness hereby secured, at
the option of the mortgagee or the legal holder of said indebtedness,
shall become immediately due and payable without notice, or in the
event of the passage after the date of this mortgage of any law of
the State of Florida deducting from the value of land for the purpose
of taxation any lien therenni,vor changing in ary way the laws now in
force for the taxation of mortgages or debts secured by mortgages for
State or local purposes, or the manner of the collection of any such
taxation so as to affect this mortgage adversely, the holder of this
mortgage and of the debt which it secures,shall have the right to
give thirty (30) days written notice of the owner of the granted
premises requiring payment of the mortgage debt, and it~is hereby
agreed that, if such notice be given, the said debt shall become due,
payable and collectible at the expiration of said thirty (30) days
and upon the mortgage indebtedness becoming due and payable as hereto-
fore provided, the mortgagor shall refrain from collecting and re-
ceiving all rents accruing as aforesaid and upon notice from the
mortgagee all tenants shall thereafter pay such rents to the mortgagee,
and any payment made otherwise shall not discharge the obligations of
such tenant, and the mortgagee may immediately cause this mortgage to
be foreclosed in the manner prescribed by law, and upon commencement
of foreclosure proceedings shall be entitled to have a receiver
appointed, whether the mortgaged premises are homestead or not and
without proof of any other ground for his appointment than the said
default, to take possession and charge of the mortgaged premises, to
rent the same and receive and collect the rents, issues and profits
thereof, under the direction of the court, and any amount so collected
~ by such receiver shall be applied under the direction of the court to
the payment of any judgment rendered, or amounts f9tmd__.due upon fore-
closure of this mortgage, including the cost of collection and reason-
. able attorney's fees; and, in the event of any default or defaults
' in the payment of the indebtedness hereby secured, or of any in- "
stallment thereof, or of interest thereon, or in the performance or
g observance of any of the terms, covenants, or agreements herein con-
tained, the mortgagee shall have the right forthwith after any such
default to enter upon and take .possession of said mortgaged premises
and to let said premises and receive the rents, issues, and profits
thereon, and apply the same, after payment of all necessary charges
~ and expenses, on account of the indebtedness hereby secured.
The proceeds of said foreclosure shall be applied, first, to
the expenses incurred hereunder, including reasonable attorney's fees
(including such fees for appellate matters as hereinafter provided)
h for such services as may be rendered for the collection of said indebt-
edness and the foreclosure of this mortgage; second, to the payment
of whatever sum or sums the mortgagee may have paid or become liable
to pay in carrying out the options, terms and stipulations of this
mortgage, together with interest thereon; third, to the payment and
~ satisfaction of said notes; and fourth, the surplus, if any, shall
be paid to the mortgagor or otherwise as the court may decree.
The mortgagor hereby agrees that, in the event mortgagee shall
place the notes hereby secured in the hands of an attorney after
default or after maturity for collection or for foreclosure, it will
pay such reasonable attorney's fees as are authorized by law including
s - $ - annK 322 Pa~E X54