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HomeMy WebLinkAbout1918 ; , ~ 13. If de[ault bc made in payaunt, whe~ duq ot any indsbt~dncss secured hereby, ar in per(onn~nc~ o[ any of rto~t- _ ~ gagur's ubligations, covenants or ~greements hc~cundcr: ~ (a) I~fortgagec is authocized at any timc, without notic:, i~ its sole discrction to enter upon and take }wssession thr ~ p~cmises or any part the~cof, to per[orm any acts Tiortgagcc deeins necessary or proper to consen•e the security and to collect ~ and recei~~e all ~ents, istues and protits theceof, including thosc past due as well as those accruing the~eatte~, and . " • (b) I~tortgagec shall be entitlecl, as a mattec o! stcict right and ~.~ithout rcSard to thc ~~alue or occupancy oI the security, ~ to ha~~e a recei~•er appointed ~o ~nter upon and take posseuion of the premises, collect the rents and protits therefrom and apply ~ the same as the court may ~lirect,~such receiver to ha~~e all the rights and po~vers permitted undrr the laws o[ Florida. In either such case I~fortgagee or the recriver may also ta~Ce ~wuession of, and (ar ?hese purposes use, any and all pe~sonal ~ property cuntaincd in the premises and used by I~fortgago~ in thc rental or leasing thereof o~ any part thercoL The expense ; (including recei~~er's Ices, counsel fees, costs and agent'a compensation) incurred pursuant to the powers herein contained shall bc secured hereby. I~lortgagee shaU (after payment of all costs and erpenses incurred) apply such renta, issues and pro[its recei~•ed ~ by it on the indebtedness securcd hereby in such order as I~tortgagee determines. 'The right to enter and take possession of saict prope~ty, to manage and operate the samq and to collect the rents, issues and profits thereof, whether by a recei~•er or othenvise, ~ shall be cumulative to any other right or remedy hereun~er or atEordcd by law, and may be exercised concu~rently thece~vith or independently thereof. Mortgagee shall be liable to account oniy [or such rents, issues and profits actuatly recei~•ecl by riortgagee. i 14. IE the indebtedness secured hereby i~ now or hereafter fu~ther secured by chattel murtgages, pledses, contracts of guaranty, auignments of leases, or other securilies, or iE the premises hereby encumbercd consists of more than one parcel, ~ htortgagee may at its option exhaust any one or more of saiti securities and the se~urity hereunder, or such parcels of the security i hereunder, either concurrently or independently, and in such order as it may determine. . • i 15. i~'o delay by I1lortgagec in exercising any right or remedy hercunde~, or othen~•isc afforded by law, shall opcrate as a ~ waiver thereof or preclude the exercise thereof during the continuance of any default hereunder, i~o wai~•er by A1ortSagee of an~• _ de(ault shall constitute a waiver of or consent to subsequent defaults. . _ 16. ~Yithout a[fecting the liability of any gerson( other than any person rclcascd •pursuant herctoj (or payinent ot any ; indebtedness secured hereby, and witho?rt af[ecting the priority or extent o[ the lien hereo[ upon any property not specificall~• ~ - relcased pursuant hereto, 11Sortgagee may at any time and trom ti~ne to time, without noticc and withouI ~p~ tatiqn ; to an • ~ ~ legal right or pri~•ilege of 111ortgagee: - t~t~ J~ 4~~'U~~~ ~vc~L NtY 6EA. . (a) Release any person liaUle for ps~•ment of any indebtedness secured hereby: _ FtiGi ~ P~111RA5 CLEnC Ci•:CUI( COURT (b) .Extend the time ~r agree to alter the terms of paymPn! of any of the indebtcdness. PE"~i' ~"ED (c) Accept additional security of any kind. ~ ~ (d) Rclease any property securing the indebtedness. I i ~ A~ _ '(e) Consent to the creation oE any easement on or ot•er the premises or any co~•enants restricting use or occupancy thereof. 17. Any agreement hcreafter made u~ '?iortgagor and ~lortgagee pursuant to this mortgage shall be superior to the rights F o( the holder of any inter~•ening lien or encumbrance. : ~ . 18. 111ortgagor hereby waives a1l right of homestead exemption in the prope~ty subject to this mortgage. - . 19. The covenants and agreements herein contained shall bind and the bene[:ts and ad~•antages shall inure to the respecti~•e- heirs, executors, administrators, succeuon and assigns of the parties hereto. ~1'here~•er used, the singular numb~r shall include ~ the plural, the plurat the singular, and the use of any gender shall be applicable to aU genders. All co~•enants, agreements and undertalings shall be joint and several. In the event additional numbered co~~enants are !or convenience inserted_in this mortgage - ~ (ollowing the legal description, such additional coeenants shall be read and gi~•en effect as though follo~r•ing this cocenant in , _ _ ' consecutive order. - " 20. Any deFiciency in the amount of such aggregato mont;?ly paytnent shall, unless made good by the ~iortgagor prior to the due date of the next such payment, constitute an event of default under this mortgage. At \fortga~ee's option, riortgagor will ~ pay a"late charge" not excceding four per centum (4%) oE any installment when paid more than fi[teen_ (15) days a[ter the due date thereof to co~•er the extra expense im•ol~•ed in handling delinquent pa~•ments, but such "late charge" shall not b~ payable ~ out of the proceeds oE any salt made to satisfy the indebtedness secured hereby, unless such pro:eeds are su[ficient to discharge the _ entire inde6tedness. . ~ . IN WIT\ESS 1\HEREOF, the said ~fortgagor~_,__~nTII~LI9I`I_I. 4TAT.F.Y ~d AE'I"L'SI ~~_S9'AT.F.V - h~s wife hcreunto set -~rhand~- and seaLS__ the day and year first abo~~e written. ~ . Si n d, aled a deli er d_ in the presence of: - (~j ~ ~ ~ _ / ~j .Q ~L~tL~ti.? • ~ SEA L ~ . ~ ' WIL L. STAL- - ~ ~ - . ~ / n ~ - , ~SEAt.~ . STATE OF FLOKIDA . ~ ~ ~ ss couVT~• o~ ~ ST; LUCIE - - I, an o([icer autharized to take acknowledgments of deeds accord'eng to the laws of the State of ~i~rida, duly qualified and ; WILLIAM L. STALE`I a.nd ~ acting, HEREBI' CERTIFI' that BET~I~ +1 STALEY ~ is wife to me personally known, this day personally appeared and acknowledged before me that ~he~~- cxecuted the [oregoing Aiort- _ gage, and I FURTHER CERTIFY that I know the said perso making said acknowledgmcnt to be the individual described in and who executed the said Mortgage. ~ - ~1D I FURTHER CERTIFY that said $FT'i'Y _T T.F.Y is known to me to bc the wife of said ~I.I+I~ L. ST~LEY - ~ and that she this day acknowledged to and be(ore me, separately and apart trom her said husband, that she executed the said . ~iortgage Deed for the pui-?ose oi renouncing and relinquishing hcr dower and right of doHer and separate estate in and - ~ to the lands therein describcd, and t~at she executed the same freely and voluntarily and without compulsion, consva;int, .a~pre- `,`~~~,,..1~~• hension or fear of or from her husband. - ' - _ Iir' WIT``ESS WFiEREOF, I hereunto sct my hand and official seal at ` Fnrt Pi r e `~~~Lyin~~~(~~ and State, this day of M~~ - A. 19 .I.-~'' ' irr ° 2. - .j ~ f " .~j~~ ! 'J - : ~ - \oeary Publ; Sc of Fla - r - M commission ~x iru ~ - t` Y P _ ilI1LE L HARIiIESON. •n'+f -~''~x~.~~ MOTARY PUBLIC S?ATE Of FLORIDMa~j4~ r - _ 800lS ~~9 P~1Gf ~.t7~~ MY COMIlMSStON EXPIRES ~tcN 3t,~~~i : . , .r~' ~ ~ f 4