Loading...
HomeMy WebLinkAbout3776 13. lf detault bc made in payme~t, when duq of any indeLteJneu secured hereby, or in prr(ure~ia~icr of an> of Afort- ~agor's obligations, cove~ants or agreemcnts hereundcr: • (a) biortgagee is authorized at arty time, without r?otice, in its sole discretion to rnter upon and takc possession of thc preuiises or ar?y part thereot, to pertorm any acts Mortgagee deems necruary o~ proper to consen•e the security and to collect :?i~d ~eceive all rents, iuua and profits thereof, induding those past due as well as those accruing thereafter, and (b) 1ltortgagee shall be e~titlcd, as a matter of st~i~t right and withuut regard to the value or occupartcy of the srcurity. to ha~~e a receiver appointrd to enter upon and take possession o( the premiscs, collect the r~nts and profits the~ef~om and apply the sa~ne as the court may direct, such receiver to have all the rights and powen permitted unde~ the laws of Florida. In either such case Afortgagee or the receiver tnay also take possrssion o[, and (o~ tAese purposes use, any a~d all Exrsonsl property containecl in the premiscs and used by Mortgagor in the rental or leasing thereof or any patt thereof. The oxprnse , (including recei~•~r's (ecs, counsel (ees, costs and agent's compensation) incurred pursuar?t to the powen herein contair,ec9 shiit ' tx ucured here6y. I~tortgagee shall (a[te~ psyme~t o( all eosts and expenxs incurred) apply such rents, issucy and profi~s re~ei~•ed by it on the indebtedness securcc! htreby in such order as 4fortgagee determines. The right to enter and take possession of said properq•, to wattag~ and operate the same, and to collect the renu, issua and profiu thereof, whether by a receiver or othenvis~, shall be cumulati~•e to any other right or remedy hereunder or afforded by law, and may be ex~rcised concurrrntly therewith or independently thereo(. I~tortgagee shall be liable to account only for such rents, issues and pro(its actually received by 111ortgagee. 14. I[ the indebtedness secured hereby is now or herea(ter (urther secu~ed by chatt~l mongages, plnlges, rontracts of ~ Guaranty, assignments oE leases, or other securities, or if the prcmis~s hcreby encumbered consists o( more than one parcel, \tortgagre may at its option ~xhaust any one or more of said securities and the security her~under, or such parcels of the security ' hereunder, either concurrently or ind~pendently, and in such order as it may determine. ! 15. No delay b}• Jiortgagre i~ exercising any right or remedy hereunde~, or otherwise afforded by law•, shali operate as a 3 ~vai~~er thereof or preclude the exercise thereof duri~g the continuance of anq default her~under. \o wai~-er Ly ~iortgagfe of a~?y ; default sh~ll constitute a w~iti•~r of or consent to subsequrnt defaulu. ; l6. LYithout a(fecting the liabilety of any penon( other than any pcrson released puauant hereto) for payment o[ any : indcbtedneu secured hereby, and without affrcting the priority or exte~t of the lien hereo( upon any property not specifically ~ rcleased pursuant heretu, 111ortgagee may at a~y titne aad irom time to ti~ne, without notice and without limitation as to anc ~ legal right or pri~•itege of 1liortgagee: ~ (a) Release any penon liabte for pa~ment of any indebtedneu secur~c! hereby. ~ (b) Extend the time or agree to alter the ternu of payment of any of the inde6tedness. ~ (c) Accept additional security of any kind. , {d) Release any property securing the indebtedness. ~ (e) Consent to the creation of any euement on or o~•er the premises or any co~•enaats restricting use or occupancy thereof. ~ 3, 17. Any agreement hereaft~r made by l~iortgagor and :1lortgagre pursuant to this mortgage shall be superior to the righis ~ ; of the holder of any inten•ening fien or encumbrance_ ~ 18. Ilfortgagor hereby waiv~s atl right of homestead excmption irt the proRert~ subject to this mortgage. 19_ The co~•enants and agreements herein contained shail bind and the benefiu and advantages shall inure to t6e respecti~•e ; t~eirs, executors, ad~ninistrators, successon and auigns of the partiea hereto. ~Vherever used, the singulaz number shaU include ~ the plural, the plural the singular, and the use oE any gend~r shall be applicable to all genders. All covenanu, agreements and undertakings shall be joint and se~•eral. In th~ et•ent additional numbered co~•enants are for convenience insertcd in this mortgage following tht Iegal dacription, such additional co~•enanu shall be read and gi~•en effect as thougli following this covenant in a r consecutive order. ~n_ a~,. ,~.G~;P.,r., ~h~ amaunt of such aaarcyCate monthly payment shall, unleu made good by the Iliortgagor prior to I the due date of the next such payment, constitute an e~ent o! default under this mortgage. At biortgagee's option, Diortgagor wiii ` ' pay a"late chargd' not exceeding four per centum (4°Jo) of any installment when paid more than fi[teen (15) days after the ' due date thereof to cover the extra upense involrcd in handling delinquent pa~•ments, but such "late charge" shall not be payable ' : ~ out oI the proceeds of any salo made to satisfy the indebtednas secured hereby, unless such proceeds are su(fici~nt to dixharge the = ~ entire indebtedncss_ ' ~ ~ ! I` IT\ESS ~Y E F, said Mortgagor~_, _?,1_ g~_$YelgA _g~Ag,e],~__21~g wife ~ hcreunto s th i a d sea1, the day and year (irst abore written. ~ Signed u e ~•er. n t presence ~jLEO ANO RECOROEO < ; . SL LUCIE COUNtY FLA_ y.~ „ ~ ~ ;1 ` , f - ; „ ' ITiIAS - - --------~SEwL> s _ CIERK ClRC!!!T COUR "3~^ ge • ~ e~~, `~I - _ L/.efL'~s~. RECORQ vERtFIEfl ' l~t~- • ,~Z~t7C -(Se,i.) = ~ Evelyn Be~iisel - ' ; STATE OF FLORID.4 ~ ; ST. w~~: u D~c 1! I~ PN 7Z ~ ~ COL'~T1' OF~~£ . ~4134 S ~ I, an officer authorized to taEe acicnowledgments of detds accordirig to the laws of the State of Florida. duly qualified and - : ; aciing, }iEREBI' CERTIFl' thac Ge~rqe F B6ri861. II dSd h1te1~1 BeflSelJ h~S Iel~~~_ ; , ~ i - - - - - - to me personally known, this day personally appeared and aci~nowledged before me that _~1~jC-- executed the foregoing bfort- - gage, and I FURTHER CERTIFI' that I know t6e said person S making said acknowledgment to be the indis~duaL 8___ described in and who executed t6e said Mortgage. ' 3 A\D I FURTHER CERTIFY chac said ~elYn Bensel ^ _ _ ~ is known to me to be the wife o[ said ~rQe F. BeriSel, II - and that she this day acknowledged to and before me, xparately and apart from her said husband, that she executed the s:?id ~iortgage R~ (or t67e.purpose of renouncing and relinquishing her dower and right of dawer and :eparate estate irt and to tbrla~}d he e~R•~e,~{ibed, and ihat she executed the same freely and voluntarily and without compulsion, constraint, appre- hpA'sic~Cd~`.~T.~?~r ~~9m her husband. : . ~ . • - ~ , . . . _ r.r ••IN WITtiESS 1~'H$REOF, I hereunto set my hand and official seal at ~rt Pieree 1 ~Cjd _'_7~~d County " • and 9~~ite, ~thi's `~,19t}i,• day of December A. D., 19 ~ / ' . ' ~ • _7`-"' i~ / . _ ~ , , / / ~ ~ ' ~ ~ / ,r ~ ; t ; j , . , i` , c.-~ ' i',-~ , tio ~btic State o( iorida at Large : Ai~comruiuion tapitts~_.'~ - : , a • i;(:. ' Notsry PubGC. S•o~p ~r Fleriaa tt ~ ` IiAy Comm~u~a~. i.,... ~:eet. t. 197~ ~4o~zo9~ 77i ~ ~J,'~~~a "R~7 Y. '7 ~'a y : ia.'~ d, vt~ ~t-" ~ ~ . .,4 _ ~ #~?M ~ ~ ~~z~~Y~ . _ . 4 r~#