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HomeMy WebLinkAbout2312 ~ : i . ~ l . ; ~ ~ s curred by \lurtg9gce iu connection ~eitli nny suit to enfaree collection or io foreelose this moxtgage in the event = t}?is uiortgage ond the note or other inrieLtedncss and s~ounts hcrebp secured be placed in the hands of an attornep ! for cnllection, nnd far the payine.nt of all such nn~ow~ts tt~is mortgage shall stand as security and nny such sum or ~ sums so pnid sha11 become a part of t}?e indebtedness secured hereby. ~ 7. In ease \lortgngor shall fail tu promptlp discl?nrge unp obligation ur cu~•~~uriut ~s peovidea herein, s ~lortgagee sl~nll hn~~e tLe option, hut no obligntion, to ~~erfor,n on behnlf of 1lfortgagor, Any amo~ant which Aiort- a gagee may expend in performing such nct or in connection therewith, with interest thereon at the rate of eiAht ? per cent (8 fo) per Al11lUR1~ together with nil cxpenses, including reasonaUle attorne~~'s fces incu~red b~• Afortgngee, i shall be inimedintcly payable by :1lortgxgor and shall Le secured bf this mortgage, and l~fort~agee shati he subro- ' gated to nny rights, equities or liens so disehar~;ed. i 3 8. That if the principal or intcrest on the note lierein descrihed or anp part of the indcbtec~ness sccur:d i hereh~ or interest thercon be not paid when due, or if \Iortgagor stinll fail to pn3- an~• tnxes, assessments, eharges, ~ or iu~4~ositions ns the s~me beca~ne due and pa~•able, or if defatilt be made in the full and prompt performance of any co~~ennnt or agreeti~ent hcrein contr?inec~, or if ar~y proeeedings he instituted to abste nny nuisancc on the e 3fortgaged Pren~ises or if anp ~~rneeedin~s he inslituted whic}? might result to the detriment of tl~e use and ' i enjo~~ment of the premises, or if ~Iortgngor shall mnke an assignment for the benefit of creditors, or if a re- + cei~•er, liquidntor or trustee of \fortgagor or an~~ of ;lfortgngor's propert~ be appointed, or if \furtga~or is adjudi- ` cnted ~ bankrupt or iusol~•ent or nny of the propert3~ of 1lfortgagor he seyuestered, or if ;lfortgagor files or ~ consents to the filing of an~• petition or proceeding under the NRt101111 Bnnkrupte~ Act or similar State or ~ ~ ~ o•-`-'~-- t...___1~.._ ..C~....~ nl• i;~F:F:.^,.. l~rnnnn~~~n~ ic fi~r~~ noninct ~1~ortL!BEOr SfilU ; 1'CUI.[ill .7l<itUtCa~ z1J i~G~i ~i ~~c,~a,~iaaa.a iia a. a,~ ~ va a not dismissed witl?in sixty (60) da}s after sueh filing, or if 2liortgagor shall admit inubility to pny debts ns ~ the~• Uecoine due, or if ~iortgagor b~ a corporation, if its direetors or stockholders shall institute or consent to any proceedings for the dissolution or liquidation of Dfort~xnor or fail to do all things necessarp tp maintain the eaistence of riortgugor, or if any law shall be enaeted or decision rendered by any court of last resort imposing ~ any tax or assessment not no~v in effect upon this tnortgage, or the note secured hereb~, or any interest of rfart- g~gee in the ~fortgaged Premises, or rendering inopervti~e the undertskings of ;lfortgagor to pay all taxes ; arising as a resulE of this transaction o#her than t3ses on the interest income herefrom, or whirh results in the ~ deduetion from ~•alves of lands, for tac purposes, of the amount of r~ny lien l~ereon, or altering the laws for the ~ taaing of mortgages or debts secured thereby, then on the t~appeni~zg of any one or more of these events, this t conveysnce shall become absolate and the ~hole indebtednes sccured hereby shall i~nmediately become due and parnble st the option of lfortgagee nnd this mortgage msy thereupon he foreclosed for the whole of said money, interest and eosts, or 111ortgagee ma}• foredose onlf as tu sums past due ~sithout injury to this mortgage or th~ - displucement or impairment of the remuinder of the lien thereof, and at sueh foreclosure snle tl~e property i shall be sold subject to all remaining items of indebtedness and the Afortgngee may again foreclose in the same manner as often ns tl~ere may Ue any sum past due. 9. If at any time after default b~ 1liortgagor a rereivership mup be necessary in the opinion of Afortgagee ~ to protect the lien hcreof, or at the time of or after the institution of snit to collect t6e indebtedness hereby secured, or to foreelose this mortgage, \fortgagee shall, as an admitted equity and as a mntter of strict right snd regard- ~ less of the ~•alue of the propertt, or the solvency or insotvenc~ of Dfortgagor or any party bound for the pafinent ; of the indebtedness ha~•e the right to appoint, on ea parte upptication nnd without notice to anpone by any proper court having aurisdiction, of a reeeicer, tichich receirer shall ha~•e all of the broad and effeetive powers ; and functions in any wise entrusted hs the coart to a receic•er to take charge of, manage, preserve, maintain, ~ care for and proteet th~ 1lfortgaged Premises and to collect rents, issues, `proceeds, produce, profit, income and re~•enaes of the ~1lortgaged Premises from whatsoever soeirce derif•ed; to mske all necessary or needful repairs - and to culti~~ate, operate, d~~st, prune, fe.rtilize, lime, drain, irrigate and protect from damagc b} fire, the timber, F ficlds, pastures, orchards, citrus groves and all other agricultural de~~elopments located on the :~tortgaged Premises and to market the produets thereef and recei~~e and collect the proceeds thereof und such recei~•ership shall, at the option of Alortgagee, continue until the full pl~ment of all sums hercU~ seeured, or ?ntil title to the \iort- - gaged Premises shall ha~~e passed on snle under a foreclosure of this mortgage. ` Iz Is A(}R£.EU that granting an~• extension of time of pa~~iuent of an~ suin coming due under tlte note aforesai~i - or under this mortga~e, to any person, or the taking of otl~er or additional seeurity for the pafinent ti?ereof, the wai~•er of, or failurc'to esercise, an}' right to mature the ~chole debt or any other ~saiver bp \fortgagee shall not ~ in any ~sise affect this mortgage or the rights of bfortgagee here~nder, or operate as a retease of any liabilit~ or - any corenant or stipulation hcrein cmitained, The ser•eral rights and remedies in this mortgage contained, provided, ? declared or authorized, shall he construed and deemed as c~mulative and no one or more of tt?errz as e~cclusiti•e of 4 the othcr or an} of the others ur of any rights or remedies which noK- or hereafter may be giti•en or t+llowed b~• law. ~ ~ :lfortgagor iinconditionally grants to Dlortgagee thc right to enter upon and inspect the \iortgaged Premises ~ at all reasonable times. . ~ ~ The words "~lortgagor" and "111ortgagee" when nsed herein shall be taken to include the singular and plural ~ number and masculine, feminine or neuter gender, as may fit the case, and shull include the heirs, administrators, . executors, successors and assigns of the parties herato. Each and all of the terms and provisions hereof shall e~c- ~ tend to and be a part of any renewal or extension of this mortgage. In the ecent that there is more than one ~ mortnagor, then, ak _ the option of \fortgagee, any act or action bp, on behalf of or against either mortgagor, shall £ hare the same effect as though by, on behalf of or against all mortgagors. ~ This mortgage und the note secared hereby constitute a Florida contract and shall be construed according ~ ANDEfiSv~:, R:;~;i, 0~~~.'I & L~~'i;;DtS ~ ~tta~~,Ey.s Z< <:~.v ~ ~ 5C~6 ~ P. o. aox 2~~s BOGK ~ QRLANDO, FLORIDq