The URL can be used to link to this page

Home My WebLink About219017. It detault be made in payment, w•hen due, ot any indebtedaeas secured hereby, o~ in the pe~formance ot any of Mortgagor'a obli- gatioos, covenants or agreementa hereu~der: : ~ ~ ~a1 Mwtgagee is authorized et any time, without notiac, in ita sole discretion, to eoter upon and take poasesaion of the premixea or any part thenw(, to perform any act8 Mortgagee deema necea+ary or prope~ to conaerve the security and to collect and receive all rents, ~asues and profita thereof, including those past due ais well as thaee acc~u~ng thereatte~, and (b- Mort~agee shaq be entitled, as a matte~ ot st~ict right and without rngard to the value or occupancy ot the eecurity, to havr a receiver appomted to enter upo~ and take po~seession ot the premiees, rnllect the rents and profila theretrom and apply the same aa the court may d~reM, such receiver to have all the righta and powers permitted under the laws ot Florida. !n either such case ;Hortgagee or the receive~ may also take possession ot, and for theae purpoeea uae, any ~nd all peraonal ro rt contained in the premiaes and uaed by Mortga~or in the rental or leasing thereof w any part thereof.The expenae ~including~receiver fs~eesy rnunael tees. costa and agent's compensationl ~ncurred pursuant to the powers herein conlained ahaU be secured hereb~. Mortgagee ahall ~atte~ps yment of all tasta and e:pensea ineurnd- apply such rcnts, issuea and profits received by it on the indr~tednesa secured hereby in such order as tilortgagee determines. 7t-e right to enter and tahe po~arxaiun uf said property, to manage and operate the same, and to rnllect the rents, isauea and pmfits thereot. whether by a receiver or otherwiae, ahall be cumulative to any other right or remedy here- under or aHorded by law, and may be e:eccised rnncurrently therewith or independe~tly thereot. Mortgagee ahall be liable to account only tor such reata, issues aod pmfita actually received by Mortgagee. 18. Without attecting the liability ot Mortgagor or any other Qerson lexcept any person exprer.sly released in writing - tor payment o( any indebtednesa secured hereby or for the periormance ot anv obLgation contained herein, and without aRecting the rights of Mortgagee with respect to any security not e:presaly released in writing, Morlgagee may, at any time and trom time to time, either betorn or ~(ter the maturity of said note, and without notice or consent: ~a- Release any person liable for payment of all or any part o( the indebtedness or tor pertormance ot any obligation. Ibi Make any agreement e:tending the time or otherxise altering the terms ot payment of all or any~ part of the indebtedness, or modifying or waiving any obligation, or subordinating, modifying or otherw•ise dealing with the lien or charge hereof. ~c- E:ercise or rntrain trnm exerciaing or waive any right Mortgagee may have. ~d~ Accept additional security of anr kind_ ie~ Release or otherwiae deal with any property, real or personal, securing the indebtedness, including all or any parl of the mortgaged premises. I9. It the indebtedness aecured hereby is now or hereafter turther secured bychattel mortgages, pledges, contractsof guaranty, assign- ments or leases, or other seturities, or it the premises hembv encumbered rnnsiat ot more than one parrnl, Mortgagee may, at its option, exhau.st any one or more of said securities and the security hereunder, or such parcels of the mortgaged premises, either concurrentlv or ~ndependently, and in such order as it may determine. - 20_ Notwithstandin& any provision herein, or in the note secured hereby, or in any other instrument now• or hereafter securing said note, the total liability of Mortgagor (or payments in the nature of interest shall not excc ed the limits now permitted by the applicable State law. 21. Any agreement hereatter made by Mortgagor and Mortgagee pursuant to thia mortgag~e shall be superior to the rights of the holder ot an~ intervening lien, charge or encumbrance. 22. No delay by Mortgagee in exercising any right or remedy hereunder, or otherw ise afiorded by law, shal l operate as a w aiver thereot or prerlude the exerciRe thereot durinq the rnntinuance of anv default hereunder. No waiver by ~tort~agee o( any de(ault shall rnnstitute a waiver of or consent to subsequent defaults_ ~very right and remedy pmvided in thia mortgage sha 1 be cumulative of every other right or remedy of Mortgagee, whether herein or by law conferred, and may be enforced concurrently therev- ith, and specific enumeration shall not e:clude the general. 23. The covenants and aQreements herein contained shall bind and the benefiGs and advantaqes shall inure to the respective he~r~, eaecutors, administrators, successors and assigns of the parties hereto. Wherever used, the singular number shall include the plural, the plural the singular, and the u.ge ot any qender shall be applicable to a11 genders. All covenan~s, agrerments and undertakings shall be joint ar~d several. 24. Mortgagor hereby vraives al) right of homeste~d e:emption in and to the propert~• co~ered by this mortgaqe. 25. The unenforceability or invalidity of any one or more provisions, clauses, sentences andlor paragraphs of this mortqage shall not render any other provisions, clauses, sentences and/or paragraphs herein contained unenforceable or invalid. 2b• ?he aone~ herein aecured ia to be di~bursed in accord~nce pith the tera of a con~tructioa loan agree~ent of e~en date t~renith, .hicb i. 1~ereb~ incorporated herein aad ~ade a put of thi• iastru~ent. • breach or defiult in the perfossance of an~ pro~ ~i~ioa or obligation ~~c.ia~a in aaid agreesent alull coastittite a defanlt aad breach of thi• ia~trv~ant aad at tbe optioa of the holder of tbe note secured herebp, all ~paid indebtedae~~ aecured hereb~ shall, not~rithttandiag anrthing in the note or alaerhere Lezein to the contrary, becofe due aetd pa~able i~ediatel~. 27. Defanlt interest due hereuader ahall aot e~oceed m~ liait set by the applicable 1 an. IN WITNES.S WNERF.OF, the said ~tortgaQor has set his hand and sea) the day and year first above written. . .. ._ ! . ... . .... ~ Ls ' Signed. Sealed~and~I~e~ivere~ in'thE'pr~tenaiah'.~It ' _ _ . ' ~4~AL~ ~Ob!!t Q. NlliO[1 ~..~1 ~ ~ ~~~ iSEAL- _ _ _ (SEAI.- ~,~rK'JZ~ Y~~~~~vV 13EAL-