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HomeMy WebLinkAbout1760 ' 1~. 1f detault be made in paymcat~ wben duc~ of any indebtedneu secu~ed hereby, o~ in per[orma~ce of any oi I?~ort- gagor's obligations. rnvenants or aareemwb hereuuder: t (a) Mortgagee is authorised at anr time, without notice, io iu wle discretion to eater upoa and take poascsiion ot the ~ premises or any part eheceof. to pedorm aar ub Mortgsaee deemt ~ecwary or proper to coiuave the security and to coUect ~ and receive all rents. isiua and proGts thereot~ iacludina those past due u weU at t~ae ucruina thereafte~, and ~ (b) Mortgagee a6ai1 be entided, aa a matter of strict right and without regard to the value or occupancy of the xcurity. to have a«ceive~ appointed to enter upon and take posseuion of the premises. collect the renq and proGt~ theretrom and apply i the same as the court may direct, such receiva to have all the riat?ts and powers pumitted under the laws ot Fb~ida. 3 In either such ca~e Mortgagee or the receiver may also take poueuion of, and (or these purposes use, any and all perwnal pmpe~ty contained in the premises and used bp Mortgagor in the rental or leuing thereof or any part thereoL The e:pense (including receivei s tea, counsel (ees, costs and agent'a compensatioa) incurred punuant to the powen herein contained shall be secured he~eby. I~iortgagee shaU (atter payment of all coaq aad expenses incumd) apply such rents. issua and profiu rereived by it on the indebtedncss ucured hereby in tuch order ai Mortgagee determines. The right to enter and take possessioa of said property, to maaage and operate the sam~, and to collect the rents, iisua and profits thereof, whether by a receiver or otherwiu, shall be cumulative to any other right or remedy hereunder or af[orded by law. and may be cacercised concurrenUy therewith or i~dependendy thereof. Mortgagee shall be liable to account o~ly for such nnb, issua and protits actually rcceived by Mortgagee. 1 I4. IE the indebtedness secured hereby u now or herea[ter (urther secured by chattel mortgages, pledges, contracts of f guaranty, assignmenu o[ leases. or other securitia, or it the premises henby encumbered consists of more than one parcel, j Mortgagee may at its option exhaust any one or more o[ said securitin and the security hereunder. or such parcels of the security hereunder~ either concurrently or independently, and in such order as it may determine. 15. No delay by Mortgagee in exercising any right or remedy hereunder, or otherwise afforded by law, shall operate as a waiver therepf or preclude the exercise thereof during the continuance of any de[auit hereu~der. No waia~er by Mortgagee of any de[ault shall constitute a waiver of or consent to iubsequent defaulq. 16. Without atf«ting the liability of any persoa( other tt~an any penon released punuant hereto) for payment of any ` indebtedness secured hereby, aad without af(ecting the priority or extent of the lien hereot upon any property aot speciGcally released punuaat hereto, Mortgagee may at any time and trom time to time, without notice and without Gmitation as to any l~gal right Qr privilcge of Mortgagee: - /1 LED AND N~COR~~R. (a) Releax any person liable for payment of any indebtednas secured hereby. ST. LUCtE COUNTY A IIOCE~ POITIIAS (b) Extend_the time or agree to alter the terms of payment of any of the i~,debcedness. CIERK CIRC!!IT COURT (c) Accept additional security of any kind. RECCR~ Y~P.lP:ED (d) Release any property securing the indebtednas. _ 3 ~2 30 1 M~~3 (e) Conunt to the creation of any easement on or over the premises or any covenants restricting use or occupancy thereof. 1'7. Any agreement hereafter made by Mortgagc?r and Mortgagee punuant to this mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance. " 18. Mortgagor hereby waiva all right of homestead exemption in the pmperty subject to this mongage. 19. The co~enants and agreemrnts herein contained shall bind and the benefits and advantages shall inure to the rapective heirs, executors, administraton, successon and assigns of the parties hereto. Where~er tued, the singular number shall include the plural, the plural the singular, and the use of any,gender shall be applicable to all genden. All covenanta, agreemenu and undertakings thall be joint and several. In the event addiaopal numbercd covenants are for convenience inserted ia this mortgage folbwing the legal description, such additional covenanb shall be read and gi~en effect as though following this covenant in consecutive order. 20. Any dsciency in the amount of such aggregate monthly payment shall, unlas made good by the Mortgagor prior to , the due date of the next such payment, constitute an event of default under this mortgage. At Mortgagee s option, Mortgagor will pay a`7ate charge' not ezceeding tour per centum (496) of any installment when paid more than fiftem (15) days after the due date thercof to cover the ezva ncpense mvolved in hand6ng delinqurnt payments, but such "late chargd' shall not be payable out of the prceeeds of any sale made to satisfy the indebtednas secured hercby, unless such proceeds are suf6cient to discharge the entire indebtednas. I~ IN WITNESS WHEREOF, the said Morcgagor S, ~n Frank Oole and Christina Dole, his wife I hereunto se their S d se~~ S the day and year (int above written. Signcd a praence of: I ~~~C~~ (SewL) ~ / BenrFr ~ e - ~ ~ L-- ~c~ (Srr?LI i a adr'e STATE OF STR LUCIE u COUNTY OF %~i~C . I, an o[Fcer authorized to take aeknowkdgments of deeds according to the laws of the Sute oE Florida, duly qualified and accing, HEREBY CERTIFY chac. Ben r'rank Oole and Christina fble, his wife to me penoaally known, this day penonallr appeared and acknowledged betore me t6at they executed the foregoing Mort- 3 gage, and I FURTHER CERTIFY that I know the uid peno~ S makirig uid acknowledgment to be the individ~~al s ~ dacribed in and w6o acecuted the said Mortgaae. ~ AND I FURTHER CEItTIFY ehac said d~ristina Qole ~ ~ : ~ ~ Ben Frank ~le ~ ~ is icnown,y~-~'af ~,~~ite of said f ~ and tb~ao~ ~;~-~fed6ed w a~ befo*e me~ aeParately and apart from her said 6uiband~ that she acecuted the said ' ~ jy~ ' of rmouncing and rdinquishina her dower and right of dawer and sepante atate in and to aein d~ _be~'Awd that she ezccuted the same freely and voluntarily and without oompulsioa, consvunt, appn- ~ ~ hs~,;r o~f or frAe~~Lu~bu?d. ` ~ ~~I'Z'NESS ~{At~F~ I hercunw ~et my 6and aad ofGcial ieal at ~brt Pie]CCe 'd County ~tg and'/8~bt V~~ da~ of April A. D., 19 73 8S `iF~w~~Y ~'S:t.S%' ~ ~ ~ ' ~~~:.'t~••~~. ~n1 . • ( t~ Se tember 1, 1973 Notary Public State of Fbrida at I.arae My commuWOn espira noqry ruppc. Sta+.e of ilor, da at tarae M~ Commusan Exp~rea Sep~, 1, 1973 ~ go~Kzlz ~1~~