HomeMy WebLinkAbout0961 receiver to take charye of, ~nanaye, preserve, protect and operat~
the Premises and any business or businesses located thereon, to
collect the rents, issues, ~rofits and income thereof, to make
all necessary and needed repairs, and to ~ay all taxes and
assessments against the Pre~nises and insurance pre?niums for
insurance thereon and aEter the payment of the expenses oE the
receivershi~, includiny reasonarile attorneys' fees to Mortya~3e~'~
attorney, and after compensation Eor manayement of the property,
to apply the net proceeds in reductiun of the indebtedness hereby
secured or in such manner as the court shall direct. All such
expenses shall be secured by the lien of this Mortgaqe uRtil
~aid.
The receiver or its ayents shall be entitled to enter
u~on and take possession of any and all of the Premises, toyetner
wili. i any ui'!U a2~ UUJI~I~JJVJ ~.'JI~.'~. i3Ct.^.'~ 33'2~ 3~~ ~,".:S2I2°S~ ~S`.~QtS
used therewith ~r thereon, or any part or parts thereof, and
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and in the same manner as Mortyayor might lawfully do. The
receivar, personally or through its agents or attorneys, may
exclude tiortgagor, and its subsidiaries, agents, servants, and !
ei~ployees wholly from the Premises, and have, hold, use, operate,
manaqe and control the same and eacn and every ~art thereof, and
in the nar~e of ~1ort~agor, its subsidiar ies, or agents, exercise
all of their rights and powers and use a~l oF the tnen existing
items of security and collateral, materials, current supplies,
stores and assets and, at the expense of the Premises, r~aintain,
restore, insure and keep insured, the properties, equipment, and
apparatus provided or required Eor use in connection with such
business or businesses, and make all such necessary and proper
repairs, renewals an~ reQlacements an~ aIl such usetul ~
altprations, additions, betterments, and improvements as receiver
rnay deem j ud ic ious .
~;~zrh rarQiv~r~hir_ Shall. 3t thP_ Ot~tlOil flf A1~rta~qP~,
continue until Full paymEnt of ~11 sums herEby secured, or until
title to the ~ro~erty shall have passed by foreclosure sale under '
ti~is mortyaye.
11. Mortgagor, for hii~self and family, hereby waives
and reno~nces all homesr_ead exemption riahts provided For by the
; Constitution and Laws ot the United States or the State of ~
Florida in and to the Premises as against tne collection of the
~ ~ecured Indebtedness, or any part thereoC; and t~fortgagor agrees
~ that where, by the terms of the conveyance or the ~iote secured ,
~ heceby, a day is naned or a time fixed Eor the payment of any sum
of money or the pecformance of any agreement, the time statecl
enters into the consideration and is of the essence of the ~~vhole
contract.
12: Tiortgagor shall kee~ the Premises free from all
prior and subsequent liens and encumbrances except for said
purchase money second mortgaqe in favor of Joseph Lach ~3-#~x.y
~trri--Lach,_ hu~-tr~~d--and--wi-te, referred to in paragraph 9(a) and, v
upon demand of Mortqagee, pay and procure release of any prior or
subsequent lien or encumbrance which Mort~agee deems, in any way
impairs the security of this mortgage.
13, t~ortyagee shall have the right from time to time
to sue for any sums, whether interest, principal, or any
installment of either or both, taxes, penalties, or any other
~ su~ns required to be paid under the terms of this mortgage, as the
~ same become due, witnout re~ard to whether or not all of the
~ ~ecured Indebtedness shall be due on demand, and without
prejudice to the riyht of ~~lortgagee thereafter to enforce any
appropriate remedy against the Mortgagor, includiny an action of
foreclosure, or any otiher action, for a defauit or defaults by
t+tortgagor existiny at ti~e time sucn earlier action was commenced.
Anv payments to or on account oF hlortyagor of insurance or
eminent domain L~roceeds, pursuant to Articles 3 and 8 hereof,
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BOOK VAGE J61
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