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HomeMy WebLinkAbout1710 13. It detault be made ia pannent. whea duq of aay indebtedneu secured hereby~ or in pedormance oi any of Mort- gagor's obligation~, covenanes or aarecmeuu heceunder: (a) Mortgagee u authoraed st aay time. without notice, ia its mle dix~etion to ente~ upoa and take posussion of the p~emises or any put t4ereot, eo pedorm u,~ aca Moresasee deems necessary or proper to conurve the security and to coUect and receive aU rents, iuua and pro~ts thereof, includina those put due as weA as ehose ucruina the~eafter, aad (b) Mortgagee shall be entitled, a~ a matter of strict rigbt and without regard to the value or occupancy ot the accurity, to have a recciver appointed to enter upoa and take po~swioa of the premisa. coAect the rents and profib therefmm and apply the same u ehe court may direct. such receive~ to 6ave aU the riahts and powen permitted unde~ the laws o[ Fbrida. In either such case Mortgagee o~ the receive~ may alw take po~sasion of, md [or thae purposes we. any and all penonal pmperty contained in the premises and used 6y Mortgagor in the rental or leuing thereof or any part therm[. The espe~se (including receivers fea, counxl fea, costs and agent's rnmpensation) incurred punuant to the powen herein contained shall be secured hereby. Mortgagee shall (atter payment of all eoab and e:pensea incurnd) apply such rents, iuua and profits received by it on the indebtedness secured hereby in such order as Mortgaaee determines. The right to enter and take poasession of said property, to manage and operate the same~ and to coUect the rtnts, ia+ua and proGts thereot, whether by a ceceiver or otherwi~e, shall be cumulative w any other right or remedy hereunder or af[orded by law, and may be exercised concumntly the~ewith or independeatly thereof. Mortgagee shall be liable to account onlT for such rcnts, issues and pmtits actually received by Mortgagee. 14. If the ind~btedness secured henby is now or henafter funher secured by chattel mortgaga, pledga, contracts ot guaranty. auignments of leases. or other Kcuritia, or if the premisa hercby encumbered rnnsists of more lhan one parcel, Mortgagee may at its option exhaust anr one or more oE said securitia and ihe seturity henunder, 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 otherwiu ai(orded by law, shaU operate as a waiver thereof or preclude the exercise thueof during the continuance of any default hereunder. I\o wai~~er by Mortgagee o[ any default shall comtitute a waiver o( or consent to subaequent defaults. i 16. Without affecting the liability o[ any penon( other than any person released pursuant hereto) for payment oE any indebtedness secured hereby, and without affecdng the priority or eactent of t6e lien hereot upon anr property not specificaUy released punuant hereto, Mortgagee may at any time and [rom time to time, without notice and without limitation as to any Icgal right or privilege of Mortgagee: FILEO RND RECORDEO ST~ IUCIE COUNTY FLA. (a) Rdease any penon Gable tor payment of any indebtednea securcd hereby. ROC~`. ~'OITRAS (b) Extend the time or agree to alter the tcrnn of payment ot any of t}?e indebtedness. ~~E~K "~~T COURT , L RECORD ~c•.:F~1.0,.. (c) Accept additional security o( any kind. 2553V,4 y 7 (d) Release any property securing the indebtedness. ~Ar 25 " 44 ~1' (e) Consent to the creation of any easement on or ovet the preausa or any covenants restricting use or occupancy thereof. 17. Any agreement hereafter made by Mortgag~or and Mortgagee punuant to thu mortgage shall be superior to the rights oI the holder of any intervening lien or encumbrance. . j 18_ Mongagor hereby waives aA tight of homat~ad exunption in the property subject to this mortgage. i 19. The covenants and agreements hereia contained shall bind and the benefits and advantagu shall inure to the respecti~e heirs, cacecutors, adminutraton, successon and auigns of the partia hereto. Where~er used, the singular nwnber shall indude the plural, the plural the singulaz, and the uie of anr gmder s6a11 be applicable to all genden. All covenants, agrecments aad undutalungs shall be joint and aeveral. In the event additional numbercd covenants are for convenience uuerted in this mortgage [ollowing the legal description, such additional covenants shall be read and given effect as though foUowing this covenant in coiuecutive order. 20. My deficiwcy in the amount of such aggregate monthly paymrnt ahall, unleu made good by the I?iortgagor prior to ~ the due date of the next such payment, oomtitute an event of dcfault under this mortgage. At Mortgageds option, Mortgagor will ~ pay a"late chargd' not eacceeding four pu centum (49'0) of any instaWncnt when paid more than Cdteen (15) days after the E , due date thereof to cover the eactra upense involved in handling ddinquont paymenb, but such "late charge" shall not be payable ; out of the proceeds of any sale made to satisfy the indebtedneas secured hereby, unleu such proceeds are suf6cient to dischazge the • ~ entire indebtcdness. IN WITNESS WHEREOF, the said Morcgagor s, James S. Lawless and Flmna B. Lawless, his wife ' hereunto set ~eir hand S- and ~e~1 S~ che day and rear tint above written. r Signed, ed n d' ered ' e pr ce f: (Saw~) - s S. Law e S. Law ss (Srr?L) STAT Mt?~ ~j~~~J~~~/~~~, `C~~ / COU. ' OF IDC~V : /O ~Y~~ I, an otGcer authorized to tate acknowledgmenb of deeds according to the lar~ of the State of ~duly qualified and accing, HEREBY CERTIFY chac J~s S. Lawless and F1ima S. Lawless, his wife to me pecsonally known, ~~ar ~*~~r aPP~=~ ~ acknowledged be[ore me that eacecuted the foregoing Mort- gagq and I FURTHER CERTIFY that I know the uid perso~ S maki~g said acknowledgment to be the individwi S A dacribed ia and who acecuted the said Mortgage. • ; - AND I FURTHER CERTIFY chac said ~a E. Lawless ; is known to me to be the wi[e of said Jd1neS S I.awleSS . R-, - i . ; and that she this day acknowledged to and before me~ tepuately and apart from 6er said 6usband~ that the aoeet~ted !he ~':~7{:'-"'~• ~ Mort age Deed Eor tLe rn~ oi renoun and relin uishin her dower and ri ht of do~rer and ` 8 ~-rP ~B 9 8 B aeParate dtate~jp;~ ! to the lands therein dacribed, and that she e:ecuted the same freely and volantarilr aad without wmpu4ion. va~~ ~ ~ • = ~ ti~ hension or fear of or from her husband. . ~+~~7~ ~~/li/~~ ~i;~~~~S~~L,~~ r.. . r? IK WITNESS WHEREOF, I hereunto ~et m~ 6~nd and ot~cial aeal at l ~~;'sr'~"C~o~nt~~:; - and State. this day of A. D., 19 r~ n rj - - ~e~-r~ ~ ~ • , ~~L,~ ~7 / ~ Notary Public S Flo ' _ i ~ 7l My wmmis:ion acpira ,a - } .1~ 3._ ,r'" • ~ g~Af. 214 ~Acr ~.7C9 :1 ~,r,~ ~ ~ ~ . - ~ - - _ . - ~ ~ , * ~ ~ ~ -3 ~ ~ ~y~~ -Kj~,~. _ . _ _ ~~._n.~ _ . _ _ 3~~ a1 4