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HomeMy WebLinkAbout0055 l3. lf default be made in paymeat, when due, at any indcbtednas secured hereby, or in per(o~mance of art~ o( Mort- gagor • obligations, coveaants w agreea?eAts hereundet: (a) I?io~tgasee u aut6o~ised at aar time, without notice, in its sole discretion to entrr upoa~nd take poaseisioo of the premises or any patt thereo(~ to pecforai at?y acq Mortgaaee deemt necesury or proper to conaerve ehe aecurity and to collect and receive all rents. issun aad profits thereot, it?cludina thae past due ai weU as thoae accruina therestter~ and (b) Mortgagee shaU be entided, as a matter of urict right and without rcgud to the value or occupancy of the iecurity. to have a ~eceiver appointed to enter upon and take poasession of the prcmises. coUect the renb aod proGn therefrom and apply the same as the court may direct, •uch receiver to have aU the rights and powen permitted under the law~ of Flo~ida. In either such case Mortgagee or t6e receiver may al~o take posseasion o(, and tor thex purposes use, any and all penonal property contained in the premisa and used by Mortgagor in the ~ental or leasing thereot or anr paK the~eof. The espenK (including receiver's fea, rnunxl tees, cosU and ageat's compensation) incurred punuant to the powers herei~ contained- shali be secured hereby. Mortgagee shall (atter payment of all cosb and expenaes incurred) apply such rents. issues and profts received by it on the indebtedness secured hereby in ~uch order as Mortga6ee determines. The rig6t to enter Tnd take possession ot said propcrty, to maoage and operate the same. and to coUect the renb, issua aad pro(its thereoi, whether by a receive~ cr otherwise. shall be cumulative to aay other right or remcdr hereundu or atforded by law, and may be e:ercised concurrendy therewith ~ or independently thereof. Mortgagee shall be liable to account only (or such renb, issues and protiu actually received by Mortgagec. 14. I( the indebtedneu secured ~hereby u now or hereafter furthe~ secured by chattel mortgaga, pledges, contracts of ! guaranty. auignmenu of leases. or other securities, or if the premises henby encumbered consists of more than one parcel. ~ Mortgagee may at iu option exhaust any one or more of said securitia and the security hereunder, or such parcels o[ the security hereunder. either concurrently or independently, and in such order as it may determine. I5. No delay by Mortgagee in exercising any right or remedy hereunder, or otherwise af(orded by law, shall operate aa a ~ waiver thereof or preclude the exerciae thereof during the continuance of a~y default her~under. No waiver by Mortgagee ot any de(ault s6a11 constitute a waiver of or coasent to subaequent defaults. 16. Without atEecting the liability of anp penon( other than any person released pursuant hereto) tor payment of any indebtednas secured hereby, and without aftecting the priority or extent of the lien hereof upon any proputy not speci~cally rel~ased 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: - (a) Rdease any person liable for payment of any indebtedness secured hereby_ FIIEU 44: '~ECO~DED ST.IUCit CJ~NTY FLA. ( (b) Factend t6e time or agree :o alter the terms of payment of any oi the indebtedness. ROG:•• •='~TRAS ~ CLEaK :U~T COURT (c) Accept additional security of aay kind. ~ Rf ~!iP l~" (d) Release any property securing the indebtcd~ess. ~~~v ~ i~~ (e) Consent to the creation of any easement on or over the premisa or any covenants restricting cu~;~jl~ e 17. Any agreement hereafter madc by Mortgagor and Mortgagee pursuaat to this mortgage shall be superior to the tighu of the holder of any inten•ening lien or encumbrance. 18. I?iortgagor hereby waives aU right of homatead euemption in the property subject to this mortgage. I9, The covenants and agreements hvein contained shall bind and t6e benefib and advantaga shall inure to the respective _ heid, executors, administraton, succusors and assigns of the parties hereto. Where~•er used, the singular number shall include the plural, the plural the singular, and the use of any gender s6a11 be applicable to all genders.- All covenanu, agreements and undertakings shall be joint aad several. In the event additional numbered covenants are for convenicnce iuserted in this mongage ! folbwing the legal descsiption, such additional covenants shall be read and given etfect as though following this covenant in ~ consecutive ordet. ~ 20. Aay dsciency in the amount of suc6 aggregate montlily payment shall, unlas made good by the Mortgagor prior to ~ the due date ot the next ~u~ payment, comtitute an event oE default under this mortqage_ At I?iortgagee's option, Mortgagor will ~ pay a"Iate chargd' not exceeding four per centum (490) of any imtaliment when paid more than fdteen (15) dayt after the € due date thereof to cover the exva espense ~~volved in handling delinquent payments, but such "late charge" shall not be payable ~ out o[ the praeeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are suf6cient to discharge the cntirc indebtednas_ ' IN WITNESS WHEREOF, che said Morcgagor s~ John J. Bufis and Barbara P. Bufis, his wife ~ ~ hcreunto set ~heir hand S_ and seal_ S the day and year ' a written_ Signed,~~ th pr nce of: ~ ` ~ ~ (ScwL) ~ ~ J., Buf ~ GC. ~ (Sewc) STATE OF F~,pRIDA • Barbara P. Bufzs ST. LUCI~ COUNTY OF i~~c . I, an officer authorized to tate acl~nowledgments of deeds according to the law~ of the State of Florida, duly qualified and ~ ~ acc~ng, HEREBY CERTIFY chac John J. Bufis and Barbara P. Bufis, his wife ~ ~ ; ~ to me penonally known, this day personally appeued and acknowledged before me that they executed the [oregoing Mort- ; : gage, and I FURTHER CERTIFY that I know the said perto~ mafcing said acknowledgmmt to be the individua~ S - dauibed in and who acecuted the raid Mongage. ~ R" AND I FUR'THER CERTIFY ehae ,aid Barbara P Bs.;fis is known to me to.6e the wife of said John J. Bufis ~ ~ and that iht tlus ds~ acknowledged to and before me, separatdy and apart tmm her said husband, that she executed the taid ? ~ Mortgage Deed for t6e ~~rpcn~ of renouncing and reli~quishing her dower and rig6t of dower and uparate cstate in and { `~'~'r'•'. to the lands tbeFf+' 8lKt~',~~Cdr and that she executed the same frecly and voluntarily and wit6out compuWon, consvaint, appre- > ti<" hcmiori pt1~blj 6r ~t6.~et;husband. i ~Y t~ , , ~ ~~.•WITNESS VNF~LAB~, I hercunto set my hand and official seal at Pierce ~ d County ~ ~ i ; ± . ~ ~ , and ~e. ~his~l ~~v_ dsX of 3'ane A. D., 19 J ` i ~~i.'~I~/~• ~ ~t~ - • ! ..~il ~l ~ ~ , s ~ . f3 L~~,•' ; otary Public State of Fbrida at Iarge ? My cdqen~ssion acpires ' ' ` ' . _ ' ~ ^ PubGc. Siate ot Fbrida at l.arBe , NotstY f ~ • tJly Comm~ss~on Expues SepR. 1, 197,~ ~ae~ 215 ~c~ 55 ~r7 ~ ~ - - _ - ~ - - - _ . _ - ~ - - - ~ . . _ . . . ~ . _ - ' - . "..~'-f".'.~~-