HomeMy WebLinkAbout2004 13. If detault be made in psymcat, w6ea due. ot anr indebtedneu secu~ed hereby, or ;n per[orma~ce ot any of Mort-
gagor's obligation~. co~~enants or aareemeots beceunder:
(a) Mortgasee iu autho~iud at aar time, without notice, in iq ~ole discretion to enter upoa and take possessioo o[ the
premis~s o~ aay part thereo[, to pedorm anr acn Mo~~aaee deem~ necea~ary o~ {xoper to canae~ve the security and to coUect
and receive ap tenb, iswua and profib thereof, iacludit?a those past due a~ wel! a~ tAose accruina thereatter, and
(b) Mortgagee ahail be entided, ~ a tnatter ot ttrict right and without rtgud to the value or occupancy ot the ~ecurity,
to have a rceeiver appointed to enter upon and take poaseasioe ot the prcmises. collect the rents a~d pmCu theretmm and apply ~
the same as the court may direct, such receiver to have aU the riahb and powen pernnitted under the lavrt o( Fiorida. i
In either such case Mortgagee or the receiver may aLo Wke pouession o(. and tor these purposes we, any and all penonal ~
property conwined in the premises and used by Mortgagor in the rental or leasing thenof or any part thercof. The expenu
(including receiver's iees, counxl tea, cosb and asent't oompensation) incurred punuant to the powen herein conwined shal) ~
be secured hereby. Mortgagee ahall (atter payment ot all cosq aad expenses incurred) apply such renta. iuua and profits received
by it on the indebtedncss secured hereby in wch order at Mortgagee determines. The right to enter aad take pouession o[ s:iid
propeity, to mauage and operate t6e wne. and to collect the reAts, is~ues and pro[iu thereof, whcther br a receiver or othecwise.
shaU be cumulative to any othe~ right or romcdr hereuader or afforded by Iaw, and may be exercixd concurrently therewith
or independently thereof. Mortgagee shall be 6able to account only [or such rents, issua and pro[its act~ally received by Mongagee. ~
14. II the indebtedness secured hereby is now or hereafter [urthe~ secured by chattel mortgaga. pledga, contracb ot
guaranty. auignmeats of leasa, or other securitia, or iE the premises henby encumbered consists o( more than one parcel,
I~iortgagee may at its option exhaust any one o~ more of said securitica and the security hereunder, or such parceLs of the security
hereut~de~~ eitbet <oncurrently or indepcndently, and in ~uch order as it may dctermine.
15. No delay by Mortgagee in exercising any right or remedy hereunder, or otberwise afforded by law, shall operate as a ~
wai~er thcreoE or preclude the exercise thereo[ during the continuance of any default hereunder. No waiver by Mo~tgagee of any ~
default shaU constitute a waiver oE or consent to subsequent ddaults.
16. Without at(ecting the Gability of any person( other than any penon releascd punuant hereto) fo~ payment of any ~
indcbtednas secured hcrcby, and without affecting t6e priority or e:tent oI the lien hertof upon any propertr not spetifically
relcased pursuant hereto, Mortgagee may at any time and from time to cime, without notice and without limitation as to any
legal right or privilege of Mortgagee:
(a) Release any person liable (or payment of any indebted~ess secured hereby. ~#~~V~j[ ~~UN~~
(b) Extend t6e time or agree to alter the ternu of payme~t of any of the indebtednes. ROCER P4iTRi~ `
(c) Accept additional security of any kind. afCppD YEi~~ilEO COURT
(d) Releax any property securing the indebtednas. 2S"r495 ~ ~
(e) Consent to the crration of any tasement on or over the premises or any covenants restrib~ ~E or ~c?s P~ ~3 ~
pancy thereof. ~
17. Aay agreement hereafter made by Mortgagor and Mortgagee pursuant to this mortgage shall be superior to the righu
of the holder of any intervening lien or encumbrance.
18. Mortgagor henby waiva all right of homatwd uemption in the pcoperty subject to this mortgage.
19. The covrnants and agreemenb herein contained shall bind and the benefits and advantagn shall inure to the rapective _
hein, uecuton, administraton, succeuors and assigns oi t6e parties hereto. Wherever used, the singular number s6a!! include
the plural, the plural the singutar, and the use of aay gend~r shalt be applicable to al) genden. All oovenants, agreements and
undertakings shall be joint and several. In the event additional numbered covenants are for convenience inserted in this mortgage j
(olbwing tht legal description, such additioaal covenants shall be read and given effect as though foilowing this covenant in J
coasecutive order.
20. My deGciency ia the amount of :uch aggregate monthly paym~nt shall, unless made ~
good by the Mortgagor prior to '
the due date of the next such payment, constitute an event of default undcr this mortgage. At Mortgagee'i option, Mortgagor wiU
pay a"late charge' not acceeding four per centum (4%) of any installment when paid more than riteen (IS) day~ after thc
due date thereof to cover the actra acpense ~avolved in handling delinqumt payments, but such '•late chargd' shall not be payable
out oi tht proceeds of u?y sale made to satisfy the indebtednas secured hereby, untas such proceeds are sutEicient to dischuge the
entire iadebtednas_
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IN wIT:~ESS WHEREOF, ~e ~id Mongagor I'obert A. Jen~incts and Barbara A. Jennings, h/w ~
hereunto sec their_ b~~s _ and sea~ S the day and year first above 'tten.
Signed, 1~ de' red ' e pr of: ~
~SEAL~
• ~~•-~t~~ • ,
(s~w~)
STATE OF jD~~ Barbara A. Jenni s
COUNTY OF ~ .
I, an ofCuer authorized to take acknowledgmenb of deeds according to the laws oE the State of Florida, duly qualified and ~
accing, HEREBY CERTIFY ehac ~bert A. Je~ninqs and I3arbara A, Jennir.gs, ri.s ~~ife =
to me personally known~ this dar personallr appeued and acknowledged before me that tr~'y exceuted the foregoing Mort-
gage, and I FURTHER CERTIPY that I know t6e uid. person 5 maJcing ~aid uknowledgment to be the individual S
dacribed in and who a~ecuted the said Mortgage.
AND I FURTHER CERTIFY ~hac u;d '~arhara A, ~e^.^.inqs
r
is t,wwn co me co be the w;fe of aaid - ~~Prt A. ~enr.in'TS (
and t6at ihe this day ul~aowledged W and before me~ upuately and aput from her said husband, that she esecuted the uid ~
Mortgage Deed for the *r~.rpwr of ra~ouncipE aad rdinquishing ner dower and rigut oi dvwc~ auu scpa,~.~c oiaic i,: a;:~
to the lands therein dsscribed, and that ~he aceet~-.l~l pme freely and voluntarily and without compuliion, consvaint, appre-
hension or fear of or (rom her husband. r.
.r•
IN WIITIESS WHEREOF, I here~~~ ~"'"'~~q~.~cia! seal ac Fbrt I'iercP
"a~~ j~ said County ~
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and Stace, chis 22r.d .~Y of a`~~i~: ~~`,t[~i~~ A. D., 19 73 i
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~ ~ Q~' ~e- ,•~j•',~[~''S ~ / ~ -
:~i: E• ~p _ ` Nota Y lic a at I.arse
My commission expires = ~ ' -
' f~ ~~d~~~ N ARY PUBUC, State of fb~tda at La~ge
r'~~s': ~~,G' . My Commission Expires December 18, 1976
~ • T~~Cr Boaded Thru AUTO-OWNERS IhSURANCE CO.
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