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HomeMy WebLinkAbout2382 policy or p~iicies said tv10P.TGAG[E shafl have the option to receivo and apply Ihe same on accounf ut thQ indebtednass secured herebv or t~~ - permit said MORTGAGOf:S to receive and use ii or any part thereof for other purposes without thereby waiving or impairing any equity, lien or right undcr or by virtue of this Mortgage; and in tho event said MORTGAC,QRS sFk~U fior any reason fail to kc~p the said premises so insured, or fail to da~iver promptly any of k~id policies af insurance to said MQRTGAGEE, or (ail promptly to pay fully any premium therefor, or in any respect fail to rerform, discharge, execute, eifect, eomplete, eomply with a~~d abide by this covenant, or any part hereof, said MORT- GAGEE may placa and pay for such inw~ance or any part thereoi withuut ~vaiving or affecting any option, lien, equity, or right under or by virtue of this Mortgage, and the ful! amount of each and every such payment shall be imme~iately due and payable and shall bear interest from the eJate thereof until paid at the rate of six and3~ $rtenths per cent per annum and togetiwr with such interest shall be secured by the I~en of this mortgage. LIlY'~(: A. To pzrmit, commit cr suffer no ~vaste, impairment or deterioration of s~id property or any part thereof. ~ 5. It is hereby specifically agreed that any sum or sums which may be !oaned or advar,ced by the Alortgagee to the Mortgago~ at any 3 time after the recording of this indenture, '~gether with interest thereon at the rate agreed up~n at the time of such loan or advance, shall be equally secured ~vith and have tire same priority as the o~iginal indebtedness, ancl be su'~ject to all the terms and provisions of this mortgage; _ Provided, that the aggregate amount of principal outstandirtig at any timn shall not exceed an amount equal to one hundred and fifty per cenf (150~) of the pri~cipal amount originally secured hereby. b. To pay all and singular the costs, charges and expenses, including a reasunable attorney's fee and costs of abstract of title in- curred or paid at any time by said MORTGAGEE because or in tha event of the failure on the part of the said MURTGAGOR to duly, promptly and fuliy perform, discharge, execute, etfect, tomplete, comply with and abide by each and every the stipulations, agreements, condittons and covenants of said promissory note and this mortgage any or either, and said costs, charges and expenses, each and every, shall be immediately due and payable; wheth~r or not there be ~otice, demand, attempt to collett or suit~p~iqg; and the f~ull antount of each and every such payment shall bear interest from the date thereof until paid at the rate of six ancUE~k-t nt~s"er centum er annum; and all sald costs, charges and expenses so incurred or paid, together with such interest, shall be secured by the lien of this mortgage. 7. That (a) in the event of any breach of this Mortgage or default on the part of the MORTGAGOR, or (b) in the event any of said sums of money herein referred to be not Nromptly and fully paid witliin thirty (30) days next after the same severally become due and payable, ~vithoil't demand or notice, or (c) in the event each and every the stipulations, argeements, conditions and covenants of said promissory note and this mortgage any or either are not duly, promptly and fully performed, discharged, executed, effected, completed complied with and abided by, then in either or any such event, the said aggregate sum mentioned in said promissory note then remaining unpaid, with interest accrued, and all moneys secured hereby, shall become due and payable forthwith, or thereafter, at the option of said MORTGAGEE, as fully and completely as if all of the said sums of money were originally stipulated to be paid on such day, anything in said promissory note or in this Mtortgage to the tontrary not »-ithstanding; and thereupon or thereafter at the option of said MORTGAGEE, without notico o~ demand, suit at la~v or in equity, may be prosecuted 'n5 if all monies secured hereby had matured prior to its instituticn. 8. That in the event that at t!~e t~ginning of or at any time pending any suit upon this Mortgage, or to foreclose it, or to reform it, or to enforce payment of any claims hereunder, said MORTGAGEE shall apply to the Court having jurisdittion thereof for the appointment of a Receiver, such Court shall forth~vith appoint a Receiver, of said mortgaged properry all and singular, including all and singular the income, profits, issues and revenues from whatever seurce deri~ed, each and every of ~vhich, it being expressly understood, is hereby mort- gaged as if specifically set forth and described in the granting and habendum clauses hereof, and such Receiver shall have atl the broad and effective functions and po:vers in any~visc: entrusted by a Court to a Reteiver, and such appointment shall be made by suth Court as an admitted equity and a matter of absolute right to said A10RTGAGEE, and without ~eference to the adequacy or inadequacy of ihe value of the property mortgaged or to the solvency or insolvency of said MORTGAGOR or the defendants, and that such rents, profits, incomes, issues and re~enues sha11 be applied by such Receiver accosding to the lien or equity of said MORTGAGEE and the practice of such Court. 9. To duly, promptly and fully perform, discharge, execute, effect, complete comply with and abide by each and every the stipu- lations, agreements, conditions and covenants in said promissory note and in this mortgage set forth. 10. That in tfie event the o~mership of the mortgaged premises, or any part thereof, becomes vested in a person other than the MORTGAGOR, the MORTGAGEE, its successors and assigns, may, ~vithout notice to the ti10RTGAGOR, dzal with such suc,~e~ or or successors in interest ~vith reference to this mortgage and the debt hereby secured in tlie same manner as ~vith Mortgago~.witF~p4lt~Iti '~vay vitiating or discharging the Mortgagor's liability hereunder or upon the debt hereby secured. No sale of the premise5 h~~ly ~g~~~nd "no fore- bearance on the part of the MORTGAGEE or its successors or assigns and no extension of the time for the paj~i?7e~ Qf~`~h~.~t:he,retljr.secured given by the MORTGAGEE or its successors or assigns, shall operate to release, discharge, modify, change or2~ffeef,-the~origi~al'lia4ility of the MORTGAGOR herein, either in whole or in part. ' 11. It is specifically agreed that time is of the essence of this contract and that no waiver or any obligation,`hgreVrider:br:of .the ~bligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereot or of the in;ttUment;SeiEtmf'ltgreby.. IN WITNESS WHEREOF, the said MORTGAGOR has hereunto set his han~ and seal the day and year.'fkst~,a~pig$aid~ - : . Signed, $ealed and delivered in presance of: , ~ : ~ - _ ! t~ ~~r ~ . r • . , / . - - - - - - - AU : . ?~.n:X~'r?rl1~_---------------------- t~~!&~--@..~~J~eelF~T X - - - . . : STATE OF FLORIDA St Lucie ss. ' COUNTY OF------ ~ ~ v -------_HALL-I.-SMITH---------------- , Before me personall appeared and ROSE BRINKLEY_SMITH ; his wife, to me well known, and known to me to be the individuals described in ~ and who executed the foregoing instrument, and acknowledged before me that they executed the same for the purposes thesPin expressed. ' 6 . ~ February----------- . A. D. 19---6_. ; WJ~NESS~r~i~ hand and official seal this---------~6-_-_-_----.day of---_-_---_--.-_---- ~ ~ r:, ' , ~t , . r. • : , ~ ~~Z. • ~ ~,r - y- - - - Notary Public in and for the State of Florida at Large. ~ ` ; r'; ; ~~~0~~~ ~al~ ~ • My commission ex.pires: i.~ - . _ . ` • . ~ :l 'r ~ ~ . - i~ioiary Public, State ot Flor~Ca at larq ~ 19b9y ~ e1y Commission Expites Oct. 3, ~ ' .J ~ 1 J 'fJ,~ ` _ ~ . E:,nd~d !r Aenericen Fite d Casuatty Co. ~1 • j , . , . ~ ~ CI~ Z ~ ' ;.ri, ~i 1 • p ' ; ~ltrt~) _ ~ t~ ~ p E !d ` ~ z a z ~IL~~~~{_~@C ~ED ~ ~ ~ ~ ~ ~ o Z - B00 (•a a Q ° " O 1 ~ C ~W ~ ~ ~ ~a ~ ~ _ -~-a a >6~ '6o FE6 2 I A~~I I i : 43 ~ _ ~ o ~ - 4 (~1 ~ r fA E~TO~ is ~~tif ~ G~ ; ~ ECEIVED Al ~ ~ ~'l ~ UEqN r `~~,1~t~L M£~ ~~Ci~.i: `~:1i i ~;i,.~. l.~_~~~ [rl ~ ~ ~ UR~UI~Y ~ ~o~2~~cTSi~ 1M1. G K?~ ~''or+t C'~' ST. I.UCIE ~QU~lTY, d~ ; ~ ~ rLORIDa ~ a ' ~ A~aM ~X- ~ ~ ~ f.lrcio ~ ~ C gt ~ i ~ ~ . ~0 R ~ ! BOOK ~ ~