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HomeMy WebLinkAbout2090 ~ . 13. II detault be aude in payment~ whea due, o[ any i~debted~eu ucured hcreby, or in pertormance o[ any ot I?~ort- gagor't obligations~ covenants or aarcemeatt hereuada: (a) Morlgagee is authorised at aay time, without notice, in ita wle discretion w ente~ upon and take poa~euion ot the premisa o~ aar pan thereot, to pertorm aa~ uta Mortsasee deems necasary or pmper to conse~ve the sccucity and to collect and receive aU rents, issua and peotiq thereof, iacludiaa ehae past due as weU as thae accruia~ thereatter, and (b) Mortgaaee shaU be entitled, a~ a mattu of strict riaLt and wit6out regard to the value or occupanty o[ the aecurity, to have a receiver appointed to ente~ upoa and take pouestion ot the premises, oollect the rents and pwfib therefrom and apply the same as the court may direct, ~uch receiver to htve aU the righb and powen permitted under the lav~n oI Fbrida. In eithe~ such ca~e Mortgagee or the receive~ may abo take po~sessioa ot, and tor thae purposa we, any and all penonal property coauined in the premixa aad used b~r Mortgagor in the rental or lea~ing thereo( or any part thereo[. The eacpense - (indudina receivei s[ees, counsel tea, cosq aad aaent's oompenaatioa) incurred pursuant to the powen henin contained aha1E be secured hereby. Mortgagee shall (aEter paymeat oi aU cosb u?d expenia incurred) apply such rents, inua and pmfb received - by it on the indebtednw Kcured hereby in such order as Mortgagee determina. The right to enter aad take posswion of said propeny, to manage and operate the wme, aad to eollect the rents, itsua and profib thereof, whether by a receiver or othe~wise, shall be cumulative to any other right or remedy hereunder or atlorded by law, and mar be exercised concurrently therewith j o~ iadependendy thereof. Mortgagee shap be liable to account only fo~ such rents, issua and pmtits actually recdved by Mortgagee. ~ , 14. If the indebtedness secured hereby is now or herea[ter (urther secured by chattel mortgaga, pledga, coatracb ot guaranty. assignments of leases. or other securitia, or if the premisa henby encumbered consists of more than one parcel, ; Mortgagee may at iq option exhaust aay one or more of said securities and the security hereunder, or such parceb of the security hereunder. either rnncurrently or independendy, and in such order as it may determine. - ' 15. No delay by Mortgagee in exercising any right or remedy herrunder, or otherwise a[[orded by law, shall operate as a waiva thereof or preclude the exercise thereof during the rnntinuance of any default hereunder. IrTo waiver by Mortgagee of a~y detault shall constiwte a waiver of or consent to subaequent detaulb. 16. Without a[kcting the liability of any puson( other than any penon released punuant hereto) tor payment of any . i~d~btednas secured hereby, and without attecting the priority or extent of the lien hereo[ upon any property not speciGcapy released pursuant hereto, Mortgagee may at aay time and from time to time, without notice and without limiution as to any legal right or privilege oE Morc~K: f~~p AN9 iECORDED (a) Release aay person liable for payment of any indebtednas secured hercby. st ~uC~E couNTY FU. ~(b) Extend the time or agree to alter the terms of payment of any ot the indebcednas. ROGEF PO~TRAS CIERK ~~,~~UIT COURT (c) Accept additional security of ~,y ~;na. 2~~s1 pECOR~ V~~"IE~ (d) Release any property securing the indebtednw. ~ 3 28 11f1 (e) Consent to the creation of any easement oa or over the premisa or any covenants ratncuag use or occupancy thereof_ 11. Any agreement hereafter made by Mortgagor and Mortgagee puauant w this mortgage shaU be superior to the rig6ts of the holde~ of any intervening lien or encumbrance. 18. Mortgagor hereby waives all right of 6omatead exemption i~ the property subject to this mortgage. 19. The covenants and agreements herein wntained shaU bind and t6e beneEits and advantages shall inure to the respective hein, eacecutors, administraton, succason and assigns of the partin hcreto. Where~er used, the aingular number shall include the plural, the plura! the singular, and the use of anr gender shall be applicable to all genden. All oovenants, agreemenu and undertakings shaU be joint and sevenl. _ In the event additional numbered covenants are for convenieace inserted in this mortgage following the legal dacriptioa, such additional covenanu shall be read and given efEect as though (ollowing this covenaat in co~uecutive order. - 20. Any dsciency in the amount of such aggngate monthly payment shall, unlas made good by the Mortgagor prior m the due date of the ae:t such payment, oonstitute an event of default undv this mortgage. At Mortgageds option, Mortgagor wiU . pay a"late chuge' not exceeding four per ~centum (496) of any imtaliment when paid more than Cdtecn (15) daps atter the due date thereoE to oover the extra expense inwlved in handling ddinquent payments, but such "late chargd' shall not be payable I out of the proceeds of any sale made to utisfp the indebtedness secured 6ereby, unleu such proceeds are sutrcient to discharge the ~i entire indebtedness. ; s Imbert N. Hellberg and Nancy Hellberg, his wife IN WITNESS WHEREOF, the said Mongagor-, ~ hereunto set ~eir hand $ and :ea1 S the day and year tirst above written. ~ Signed, s~al and de6vered in the presence of: ~ (Scw~) i ~ e g . , i ' ( S~r?L ) ~ S"I'ATE OF FLORIDA N Cy H lbe ~ ST. LOC COUNTY OF ~ . . I, an officer authorizod to take a~nowledgments of deeds according to the laws o[ the State of Florida, duly qualified and ac~ing, HEREBY CERTIFY thac ~bert W. HelZberg and Nancy Hellberg, his wife c 9 ~ ~ to me personaUy known, this aar ~.o~ur appeared and acknowledged betore me that ~X- ezecuted the foregoing Mort- ~ ~ gage, and I FURTHER CERTIPY that I.~nmv eLe said perso~ s making ~aid aclu~owledgment w be the individ~~~1 S ~ dauibed in aad w6o e:ecuted the uid Mortgage. . x ; i AND~~ Ft~ri'~IER CERTIFY that ~aid Nanr-~ HE+llhprq ~ ~ ~ ~ +~~~i.t4~,tnc~'be"~a~.ife of said It4bert W. Hellberg f ~ dus•.di~ a~aowledged w and before me, upuately and aput (rom her uid husband, that s6e executed the uid ~ ' ' jiitort~~,~4~ idi ~6~_~+~.~ of reaouncin6 and relinquishina 6er dawer and ria6t of dawer and sepuate atate in wd I ~ _~-~tp tl~6%] a f ~ d s t here~~ d e~ r i b 4 d, an d t h at s he ezece t e d t be same fredy an d vo lun t a r i ly a~ wi t hou t comp u L ion, cona train t, appre- ; r t _ _ h~ dafi~; ~eer huaband. , a ~ ; ; . a ~ ~1}~'~~~1(t~REOF, I hereunto tet m~ hand and of~cial ual at Fb1't pi.eree said County ~ ~ '~/id~;si~tE,~is• ~.r~ dar of 1~?pril A. D., 19 f ~'i~ ~ . ~ i ~ ~ ~ ~ ~ / ~ ~ ~ ~ NOl3ry PIlb~1C $~tt O~ ~O[Idi L ~.if6t ~ Mr couunission a~pira ; ~ ~ o R 213 20 ~ gooK ~acc g~ ~ ~ _ - - - - - V-~ ~ ~~:~e : ~ _