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HomeMy WebLinkAbout2974 shall bind and inum tu the be~efit oI their respective successo~s and ass~gns, whelher so expressed or not ~.0= Addtes+es tor Notkes. ett. Any notice, demand or other i~lrument aulhorized by this tnorigage b be se~ved on or g~:•en to tht "Bo~rower" may be st~vc~ct on or gi~rn to lhe "Horrowec" at 13515 S. W. 75th Court, Miami, Florida 33156 or at such othe~ address as may have been tu~~~shed in writing ta the "L.ender" by the "Borrower." Am• noUCe dcmand or othr~ instrument to bc servcd on or gi~en to "I.cnder" may be servcd on o~ gi~•en co ••t.cndcr~ a~ c/o CHARTER ADVISORY COMPA*~'~, 47 ~Jest Forsyth Street, ~ ~ Jacksonville, Florida 32202 or at such othe~ address or adarecccs as m:.~ ha~e been turnished ~n w~it~ng to the "Fiorrower" by the "Lcndcr". 3.W Table o! Coatepts. Headln~s. ete. Tfie lable ot contents, the headings o[ the Articles, sections, para- graph and subdi~ is;uns ot this mortgage are tor con~~e~ience o[ reference only, are not to be coruidered a part hereot, and shall not limit or otherwise at[ect any o[ the terms hereot. 3.M Invalid ProvWons to Attect No Othets. In case any one or more et the covenants, agreements. terms or pro~ isiar~c conta~ned in this mortgage or~ in the note shall be invalid, illegal or unentorceable in any respect, the ~al~dity o[ lhe cemaining,covenanLs, agreements, terms or provisions contained hzrein and in the note shall be in no way a[tected, prejudiced or d~"sturbed thereby. 3.05 Chan~es„ ctc. Neither this mortgage nor any term hereot may be changed, waived, discharged or terminsted orally, but only by an instrument it~ writing signed by the party against which en[orcement of the change, wai~tr, d~scharge or termination is sought. My agreement herea[ter made by the "Borrower" and "Lender" relating to this mortgage shall be supenor to the rights of the holder of any intervening lien or encumbrance. ARTICI.E FOUB ~Q~[7{a~ $C7~[~?CDi~f~l~}51~bjQf ][~'~iKd{DQ?C ?~f~C ?CXX~~7i~IX ~[~fiXJ~C~r XXXXXX_X~{X~XXXX2~XXXX XXXX}RQR~ - ~}QC~IDCYbEl~{X~C~IQ~CX~C ?i~(~C 9.01 Notwithstanding anything to the contra~y contained in this morlgage or in the note secured hereby, or in any other instrument securing the loa~ evidenced b~ said note, the "Lender" may at its opt~on deciare the entire indebtedness secured hereb~. and all interest thereon and all advances made by "Lender" here- under, immed~ately due and pxyable in the event of a hrearh by the "Borrower" of any covenant contained in this mortgage, the note secured hereby, or in that certain ~uilding loan agreement between the "Borrower" and the "Lender", dated August 20 , 1971 , Khich said building loan agreement is, by reference ther~to, herein incorporated to the same extent and atfect as though sa~d building loan agreement were set forth here~n in full. 4.02 "Borrow•er" covenants and agrees that in the e~•ent it shall faii to complete the construction and furnishing ot the improvements to be erected on the prem~ses hereby martgaged in accordance with plans ' and speci[ications submitted to ° LENDER" _ _ on or before Auyust 20 , 1972 , or if work on said construction shall cease before completion and sa~d v?ork shall remain abandoned for a period of fitteen l15) days, 7ppC]~C1bD6at~o~D7~01G~c7WiQc~d~t~ODttl~ 1tAC~]i#7~QK][0~}mQ~t4Cp~}l~t~i9'E2I?t1~ _ . ; ~ ]i~C]i~C~LBt~L then and in either event the entire principal sum that has been F ~ disbursed by the "Lender" on account ot the note secured by this mortgage, less any amo~ints that may ha~•e been repaid by the "Borrov?er", shali then become due and payable, v?ith all acerued interest thereon, at the option of the "Lender". _ I ~ 4.03 As a part ot the inducement to the "Lender" to make the loan e~•idenced by the obligati~n secured , hereby, the "'Borrow•er" has caused certain other persons, natural and corporate, to enter into certain agree- ments ve~th the "I.ender" pertainin~ to !he tinancing and payment tor construction of impro~~ements on the z propert~ here~n descnbed: and the "Borrov~er" co~•enants and aRrees that such persons shail fully perform, : ~ comply with and abide by such agreements_ It is further understood and agreed by the "Borrower" that ? ~ such rep resentat~ons and agreements by said other persons shall const~tute for the purpose of its obligations ; ~ hereunder, co~enants on behalf of the "Borrower". ; ~ 4.04 In the event of ahan~onment of work up~~~. !he constcuction of said impro~•ements to be erected upon ' ~ the Mortgaged Property for a period ot fifteen (15) dajs, the "Lender" may at its option enter into and ; upon the ~Zortgaged Property and complete the construction of the improvements the "Borrower" hereby t grant~nq to the "I.ender" full power and authority to make such entry and to enter ~nto such contracts or ~ arrangements that may be cons~dered necessary by the "Lender" to comp lete said improvements; and any ~ sums expended by the "Lender" in connection with such cor•~piei~~n shall be added to the principal amount , ~ of said note and t~e secured by these presents and together shall be payable by the "Borrower" on demand ; ~ w~:ti ~nterest at the rate as spec~fied in the note secured by ihis mortgage. ; ~ ~.0 5 Mort~a~e Shail Secure Future Advances. In add~tion to all other indebtedness secured hy the fiest ° G hen ~f Lhu mortgage. th?s murtgage shall secure alsa and conste!ute a t~rst l~en on the :1lortgagr.d F:operty 1 ~ for a:l future ad~•ances made by the "Lender" to the "Sorrower" for any purpose within fi~e years from ~ - ihe date hereof .o the same extent as ~f such future advances w•ere made on the date ot the execution F ; of th~s mortgage. Any such ad~•ances may be made at the option of the "L.ender". The total amount of the ~ ~ mdebtedness reterred to ~n the ftrst sentence ut this parxgraph that may be secured by this mortgage may ~ increase or decrea~e irom Ume to time, but the total unpaid balance of such ~ndebtedness secured at any ; ~ one time by t5~s murtqage shaU no; exceed a maximum pnnc?pal amount of !Wice ihe prin~ipal amount ~ stated in the promusory note secured by this mortgage, plus interest lhereon and any disbursements made ~ b~• "Lender" fnr the payment vt taxe~, le~•~es or ~nturance on the property encumbered by this mortgage, ~ w?th interest un such disbursement~. ~ s ~ ~ ~ ~ ~ ~ ~ 8~~,. ~i94 - ~ U~ _