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HomeMy WebLinkAbout1598 gee, and without reference to the adequacy or inadequacy ot the valuo of the property mortgaged, or to the solve~ncy or insolvency of the Mohgagor and/or the defendant and such rents, protits, income, issues and revenues shall be applied by lho receiver ac- cording to the lien and/or eq~ity of this mortgage and the practice ot such court, and such apRointmenl of receiver shall be without notice to any obligor hereunder. - NINTH: The Mortgagor hereby waives all rights ot homestead and exemption granted by the Constitution and laws ol Florlda. lt is specif ically agreed that tifie ~s of the essence in ttiis contract and that no waiver by the Mortgagee of any obligation he~eunder or oI the obligation secured hereby shall at any timu thereatier be heid to be a waiver ot t~e terms hereoi or of the obllgatlon secured hereby. TENTH: Upon any sale, transfer or coveyance of the property herein descrit~ed and covered by this murtc~age to any pe~- son, flrm ot corporation, not previously approved in writing by tlie holder of this mortgage, the Mortgagee or holder shall have the rlght to accelerate the maturity ol this martgage as tliough it were due and payable on the day of such Iransfer and to demand payment in full of the said mortgage amount or any unpaid balance thereo(, and to exercise all the rights and remedies herein or by law ~eserved to said Mortgagee the sarne as in any event of de(ault hereunder, anything in the promissory note securc~d hereby or herein to the contrary nothwithstanding. ELEVENTH: If toreclosure proceedings of any second mortgage or seco~~d trust deed or any junior lier, ot any kind should be Instituted, the Mortgagee may, at its option immedialely or tt~ereatter declare this mortgage and the indebteciness se- cured hereby due and payable. TWELFTH: That in the evenl the ~~remises hereby mortgaged, or any part ihereo(, shall be condemned and take~~ for pub- lic use under the power oi eminent domain, the Mortgag~~o shall have the right to demand t~at all damages awarded for the ta- king of or damages 1o said premises shall be paid to tho Mortgagee, up lo the amount then unpaid on this mortgage and lhe ob- ligatlon secured hereby and may be appiied upon the payments last payable under this mortgage and the obligation secured hereby. THIRTEENTH: That installments, payable under the terrns hereof and the note secured hereby, not paid when due, shall be subject, after fifteen (15) days from the due date thereof, to, and it is agreed Mortgagce shall collect thereon and therewith, a "late charge" in the amount of tour per cent (4%) o! the installment due upon each such delinquent installmenC, and such "late charges" a~e secured by the lien hereo(. FOURTEENTH: Without impairin~ the obtigation of Mortgagor contained in paragraphs SECOND, THIRD and FOURTH hereof, and for application to the purposes thereoT insofar as the sarne shall be sulliciQnt, Mortgagor shall, in addiiion to the monthly payments of principal and intere.~t as stated in the original note (and in the note or notes secured hereby) provided to be made, pay a monthly sum and amount equal to one-twetfth (1/12) ot the estimated annual taxes, assessments and insurance pre- mlums upon the rcal estate security, as the amounl ihereof is determined from ti?ne to time by the Mortgagee_ FIFTEENTH: That the Mortgagor shall furnish annually, at the request oi the Mortgagee, financiat statements in form and certified in a manner satisfactory to the MoNgagee. SIXTEENTH: This mortgage also secures any and all renewals and extensions ol the promissory note reterrE;d to herein and secured hereby, and all installments thereof, and alsu any other notes which have been or may be given to the Mortgagee by the Mortgagor, and any other indebtedness of the Mort~agor to the Mortgagee which, however, shall not exceed at any one time ,i the aggregate unpaid principal sum oi _ T~~ ~_N~~100 _ _ _ _ _ _ _ i , ' ~ _ Dollars 8 .000 . 00- _ ~ - - - ~ It being the specific intention that turther advances m:?y be made by the Mortgagee ai its option to lhe Mortgagor, either prior to ~ or after the due dates oi the above referraci to pr~missory note hereby secured; and lhis mortgage is given for ihe sp~cific pur- pose of securing any and all indebtednes:: by the Mortga~or to the Mortgagee in whatever manner the same m~ry be eviclenced or € represented, until this mortgage is satisfi~~d of record; and all covanants and agresments contained in this morlgage shall be ap- ~ pllcable to all turther and tuture advance:~ made by the Mortgagee to the Mortgagor and alI other indebtedness of Mortgagor to s the Mortgagee, and any and all renewals or extensions therec~f. ~ SEVENTEENTH: Without the prior written :.onsent of Morigagee, Mortgagor will abstain trom and will not cause or per- ~ mlt, to the extent it may do so, any trans(er ot title to or beneficial interest in the Mortgaged Property or any part thereof, voluntar- ~ ily or by operation of law (other than Dy daath or by execution on the Note or foreclosure under this Mortgac~e), or any transfer of stock in Mortgagor if Mortgagor is a corporation, or of interests in M~rtgagor if Morigagor is a pa~tnership or ~oint venture, whe- ' ther by sale, exchange, conveyance, merger, consolidation or olherv~ise, provided however, that such restriction shall not apply'to ~ a transfer of partnership interests between the pariners of Mortyayor. ~ EIGHTEENTH: All subordinate (inancing is spec:itically pruliibited without the express written cons"nt o( Lender. ~ NINETEENTH: That, it Mortg<<ge~~ and the Mortgagor agree, the Mortgagor will carry a policy or po~icies of insurance up- ~ on the life of any Mortgagor in amounts mutually agreeable to the Mortgagar and the Mortgagee, making the Mortgagee benefici- ary thereunder, and the Mortgagee may pay the premiurns for such insurance (in the event the Mortgagor does not) and add each such payment to the unpaid balance of the loan, as of the (irst day ot the then current month, and such premiums when paid by the Mortgagee, shall become additional ~ndebtedness ser,ured by this mortgage payabls upon deman~. TWENTIETH: That, in tt~e event tfiat this mortgage encumbers a condominium unit, then tlie Mortgagor will comply with all appllcable provisions of the Declarati~n of Condomiriium and all appllcable provisions of, and rules and regulations under, ~ any association and By-laws created under such associal~on, inclucling but not limited to, the payment of th~ Mortgagor's propor- ~ tlonate share of common expenses, as n~ay be determined by siich association, in accordance with the Declaration ot Conda ~ ~ minlum, Articles o( Incorporation of such association, or By-Laws under such assocation; and any defauN by the Mortgagor in ~ peAormance of the Mortgagor's obligations under such instruments and other like documents shail constilute a de(ault hereun- ~ der. In the event that ihis mortgage encumbers a coo{,cralive unit, then lhe Mortgagor will comp~y viith all applicable provisions ~ ot ByLaws, House Rules, or other like do~uments; ancf any de(ault by the Mortgagor in ttie perforrnance o( the Mortgaflor's obli- p gatlons under such instruments shall co~~stitute a default hereunder. r 6 ~ ° R 674 ~~f15~ 8001t - - - - - ' . `.~z?_.~~.a»~~r.r,r ,i.ru'~-' ,-t` u