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Home My WebLink About1596 13. 1( default be made in pay~nent, when due, ot any indebtcdness secured he~eby, or in prr[onn~nce o( any uf I~1ort- gagoi s obligations, rovensnta or agreements hereunde~: , (a) I~iottgagee is authorized at any time. without notice, in its wle dis:~~tion to rnter upon and take posscssiun of thc pcemises or any part ehereof. to pedorm any act~ I~iortgaget deems neccssary or proper to consen•c the sccucity and to collect and recei~~e all rents, issues and pmfits thertof, including thou past due as wel! as thcue accruing thereafter, and (b) Mo~tgagee shall be entitlcd, as a matter of st~ict right and without rega~d to the ~•alue or occupancy of the security, to ha~•e a receiver appointed to enter upon and take possession o[ the premises, collect the ~ents and pro(its theretrom and appt~ the same as the court may direct, such rcceiver to ha~•e all the rights and powen permitted under the laws ot Florida. In either such case Iliortgagee or the receiver may also talce posseuion of, and (or th~se purposes use, any and all personal property contained in ehe premises and used by Alortgagor in the rental or leasing thereof or any part thereof. The expcnse (including ~eceieer's fees, counsel tces, costs and agent's compensation) incurred pursuant to the powers herein containrcl shall ix secureci iie~euy. .Liu~tgagcc 3I1:aZI ~dltcl ~'isjT:uAL 8I SZZ CtYL2 3.^,c! rx~r^sra i^cu•-••!? ~~~!Y s~:ch rrnts, i«~~~ :+~d ~rofu recei~•ed by it on the indebtcdn~ss secured hereby in such order as Mortgagee determines. The right to enter and t~ke possession of s~ic! pro{xrty, to manage and operate the same, and to c~llect the nnu, issues and profits thereof, whether by a recei~~~r or otherwis~, shaU be cumulati~•e to any other right or remedy hereunder or afiorded by law, and may be exercised concurrently therewith or independently thereof. Mortgagee shall be liable to account only for such nnu, iuues and pro(iu actually recei~•ed by 111ortgagee. 14. I( the indebtedr?ess secured hereby u rww or herea[ter further secured by chattel mortgaga, pledges, contracts of guaranty, assignments of leasa, or other securitia, o~ it the premi:es hcreby encumlxred consists of more than one parcel, 1ltortgagee may at its option exhaust any one or more o( said securities and the ucurity hereunder, or such parcels of the security hereunder, either concurrently or independently, and in such order as it may determine. !5. ;~o delay by :~iortgagee in exercising any right or remedy hereunder, or oth~rwise a(torded by law, shall operate as a wu~•er thereof or preclude the exercise thereof during the continuance o[ any detault h~reunder. ;~o wai~•er by r~ortgagee of any de[ault shall constitute a waiver of or consent to subsequent de[aults. 16. \Vithout af[ecting the liability of any person( other than any penon released pursuant hereto) for payment ot any indebtedness secured hereby, and without affecting the p~iority or extent oi the lien hereof upon any property not speciGcally rekased punuant her~to, Mortgag~e may at any time and from time to time, without notice and without limitation as to any legal right or prieilege of Mortgagee: ~ILED Ay~ N (a) Release any person liable for payment of any indebtedness securtd hereby. ST• ~UCIC CO NTY FIA. ~ R~CE~; F: ~TRAS ~ (b) Extend the time or agree to alter the tenns of payment of any o( the indebtedn~ss_ R~ CLER1( (;I,;v~~~ COURT ~ . COR1 VF=.:~iED ~ (c) Accept a3ditional security of any kind. ~ ~v ~O , ~ (d) Rdease any property securing the indebtedness. ~ ~ f 3~~~~~~ L (e) Conunt to the creation of any casement on or over the p~emises or any co~-enants ratricting use or occupancy e f. 17. Any agreemrnt hereafter made by Mortgagor and ~iortgagte pursuant to this mortgage shall be superior to the rights o( the holder of any inten•ening lien or encumbrance. 18. :liortgagor hereby waiva aU right of homatead exemption in the property subject to this mortgage. 19. The cove~ants and agrcements herein coneained shall bind and the benefits and advantages shall inure to the rapecti~•e heirs, executors, administraton, successors and assigns of the parties hereto. Where~•er used, the singular numl~-.r shall include .ti_ .ti. .,~,..al eti.• s:~mdar. and the use of anv aender shall be aoolicable to aU Acnders. All covenanu, agreements and Y . - - , . undertakings shall be joint and uveral. In the eveat additional numb~red covenants are for concenience inserted in this mortgage (ollowing the legal description, sueh additional co~•enants shall be read and gi~•en ef[ect as though foltowi~g this covenant in consecuti~•e order. 20. Any deficiency in the amount of such aggregate monthly payment shail, unless made good by the 1liortgagor prior to the due date ot the next such payment, comtitute an event of detault under this mortgage. At ~fongagee's option, Mortgagor will pay a"late charge' not exceeding fow per centum (4%) of any instaliment when paid more than fi[teen (15) days after the due date thereoi to cover the eaua expense invoh•ed in handling delinquent payments, but such "late charge" shall not be payable ; out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unlas such proceeds ar~ suf[icirnt to discharge the f entire indebtedness_ ~ ' I:V WITNESS WHEREOF, said Mortgagor s James W. McKinney _and Marion K._ McKinney, his wife s • - - t ~ hereunto xt ei S ' sea~_ the day and year lirst abo~~e written. ~ Signed, / ver th praence o[: ~ ~ ~ (SewL) ~ ames W. McKinn~ C ~ ~ g` ~ _ _~SEALI R Marion K. McKinney STATE OF F~RI~CI~ss COU~iTY O~B . I, an officer authorized to take acknowledgments o( deeds according to the laws of the State of Florida, duly qualified and ~ ~ aceing, HEREBY CERTIFI' that J~es W. McKinney and Marion K. McKinney, his wife ~ ~ ~ to me personally known, this day penonally appeared and acknowledged before me that they ~xecuted the foregoing 1liort- gage, and I FURTI-IER CERTIFY that I know the said person S making said ack~owlcdgment to be the indi~•idual S ~ described in and w6o exceuted the said Mortgage. ~ AND I FURTHER CERTIFY ehac said Marion K. McKinney _ x - is known to mc to be the wife of said J21mes W. MCKl.nlley and that.riK'th~f-~~ a4lctiowled~ed to and before me, uparatdy and apart from her said husband, that she executed the said Mor~'~ ~1 [ot~e'p.~tpo~e of renouncing and relinquishing her dower and right of dower and separate estate in and ~~o ~q~ ~ttieifin. ~str:i~ed~ and that she executed the same (rcely and voluntarily and without compulsion, constraint, appre- ~ ltentsdn-or fear of or from ~e•hu~band. - r ~ ~ ~~~~b~ ?WfiBR~OF, y Fort Pierce . _ / ~ y ~ IN•~ti ~ I hereunto ut m hand and official seal at sa~ Count • ~ : and' SiaEe~,~c~~ ,~th ila~ ad January A. D., l9 73 ~ - ~ . s ~ 1`~ ^'x . . ~ - l~ . ~ • 1 l .7 ~ ; ' ~ ~ ' • • • • . N~ry ub i tate of lorida at Large a:., • My cau~mis.+Con:ezp~res ' . ~ . Irohly PubGc, State ot Fbnda at larg~ i M~r Commiss~on Expres Sept. 1, 1973 ~ ~ ~ ~ fi594 ~ 3Ui~c~ ~ ~~y - .:F• - - - - - - ~ n ~ ~ u~ , - ~ ~.n-~ : < =r' ~J. , s~ rN`k~-~ ~~'~y~:,~~"~. r ~ . ~