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HomeMy WebLinkAbout0920_- 0. it' r e•~~k ~(~ v~~~~~4 ..~ and remedies, at law or in equity, and this nwrtgagc may ba foncloud with all rights a-sd remedies afforded by tht !aws of Florida and Mortgagor shill pay all costs. charges and expenus thereo;, Ir`cluding a reasonable attorney's fee. ~- l9. If default b_t rlsade in payment, when due, of any indebtcdncss eecurtd hereby, or in performance of any of Mort- gagor's obligations, covenants or agreements hereunder: (a) Mortgagee is authorized at any t:me~without notice, in its colt discretion to enter upon and take possts~ion of the premises or any part tlrertof, to perform any acts Mortgagee deems nr:cessary or proper to consen•e the security .and to collect and receive all rents, issues and profits thereof, ~ncluding these past due as well as :hose accruing thereafter, and (b} Mortgagee shall be enritltd, zs s matter-of strict right and without regard to the value or occupancy of tha ,ccurity, to have a receiver appointed to enter upon and take twuession of the premius, collect the rents and profits therefrom and apply the same as the cou•t may direct, such receiver to have all the tights and powm permitted under the laws of Florida. In either such case Mortgagee or the receiver may also take possession of, and for these purposes use, any and all personal property contained in tFi'~sremius and used by bortgagor in the rental or leasing thereof or any part thereof. The expenu (including receiver's fees, counsel fees, costs and agent's compensation) incurred pursuant to the powers herein contained shall be secured hereby. Mortgagee shall (after paymen~of all costs and expenses incurred) apply such rents, iuues and profit. received by it on the indebtedncu s..cured hereby in rrch order as Mortgagee determines. The right to enter and take possession of said property, to manage and operate the same, and to collect the rents, issues and profits thereof, whether by a receiver or otfier- wise, ehall be cnmular.•r to any other right or remedy hereunder or afforded by law, and may be exerciud concurrently therewith or independently thereof. htortgagce shall be liable to account only for such rents, issues and profits actually :ecei:•cd by )ttortgagee. 14. If th:• indebtedness secured hereby is now or htreafter further secured by chattel mortgages, pledges, contracts of guaranty, assignments cf leases, or .other securities, or if the premises hereby entumbertd consists of more than one parcel, htort- gaget may at its option exhaust any one or more of said securities and the securit}• hereunder, or such parcels of the security hereunder, either concurrently or independently, and in such order as it may determine. IS. No delay by ?~ortgagee in exercising any right or remedy hereunder, or othtrwiu afforded by law, shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. No waiver by Mortgagee of any default shall constitute a waiver of or consent to subsequent defaults. 16. Without affecting the liability of any person (other than any person released pursuant hereto) for payment of any indebtedness secured herety, and without affecting the priority or extent of the lien hereof upon any property not specifically released pur~uanr-hereto, Mortgagee may at any time and from time to tithe. without notice and without limitation as to any legal right or privilege of Mortgagee: (a) Relcau any person liable for payment of any indebtcdncss secured hereby. (b) Extend thts~time or agree to alter the terms of payment of any of the indebtedneu. (c) Accept additional security of any ki^~. (d) Releau airy property securing the indebtedness. (e i Constnt to the creation of any eaument an or over the premius or any covenants restricting wt or occupancy thereof. 17. Any agreement hereafter made by Mortgagor and Mortgagee pursuant to tlsis mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance. 18. Mortgagor hereby waives all right of homestead txtmption in the property subject to this mortgage. 19. The covenants and agreements herein contained shall bind and the benefit and advantages shall {nure to the respec- tive heirs, executors, administrator, successors and auigns of the parties hereto. Wherever ustd, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. At! Jovcna,~u, agrtements and undertakings shall be joint and several. In the event aaditional numbered covenants art for convenience inserted in this mortgagt following the legal description, such additional covenants sha!1 ~ read srd given effect u though following this covens: t in con- secutive order. IN WITNESS WHEREOF, the said Mortgagor.$_, a,~l>L. y••- Pfau ~n ~ Na a ter-p f ~;~1$ ~'i l f e hereunto ut .n ., r ha-td_~ and sealer the day and year first above written. Signed, sealed and delivered in the preunce of STATE OF FLORIDA COUNTY OFD St::' LUCie J~ J ,~ ~ ) 1 1aIri • ~- EAL _ _ $AL} Hester Pfau I, an ofEcer authorized to take acknowledgments of deeds according to the laws of the State of Florida, duly qualified and acting. HEREBY CERTIFY that William Y. Pfau and Hrrster Pfau, Y~it3 Wif@ to me personally known, thu day personally appeared and acknowledged lr_forc me that tl__ ~ ~_ executed the foregoing Mort- gage, and I FLIIZTI3ER CERTIFY that I know the raid person_$_._ making said acknowledgment to be the individuaL~._ described in and who executed the said Mortgage. is known to me to tie the wiie,of said - and ti,at sht.this day acknowledged to an~~k{~fgte sae, sepses from her said husband, that she executed the said Mortgage Deed for the purpose-x..`-`of~rerzo nt(rq aad rrlinquirhin3 her dower ', ower and uyarate estate in and to the lands therein descn'bed, atl~1 that ,she'.~xofuShi the sane freely and voluntarily and without cot ~ testae, appre- IN WITN~SS~WHERE~${ .I iserty ~ty~srt'tny`a`saAd and o4icial seal at ___FD-Zf'+__p~SA -- said County • , J: : _ and State, this -~1:h_ aa} of f3Z-•---- A. D/~19~~.. ,, 4 J ` , `~; ~; ~ ~ ~ Notary Fubtic State of Florida at Large f ~ My commiuion cxpira ~t~J~ ; ~~ ~`,, ~~.i-`.: -~ >• • .t. '~~•r ~~'a '. ~- . ;, •, (