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HomeMy WebLinkAbout2542 to herein, the heirs, successors and assigns of such party shall be included and all covenants and agreements contained in this Mortgage, by or on behalf of Mortgagor or Mortgagee, shall bind and inure to the benefit of their respective heirs, . successors and assigns, whether so expressed or not. 3.02 Addresses for Notices, etc. (a) Any notice, report, demand or other instrument authorized or required to be given or furnished under this Mort- gage to Mortgagor or Mortgagee shall be deemed given or furnished when addressed to the party intended to receive the same, at the address of such party on the first page hereof, and delivered at such address or deposited in the United States mail as first class certified mail, return receipt requested, postage paid, whether or not the same is actually received by such party. (b) Either party may change the address to which any such notice, report, demand or other instrument is to be delivered or mailed, by furnishing written no~ice of such change to the other party, but no such notice of change shall be effective unless ~ and until received by such other party. ` 3.03 Headin s. The headings of the articles, sections, paragraphs and su ivisions of this Mortgage are for convenience ~ of reference only, are not to be considered a part hereof, and shall not limit or expand or otherwise affect any of the terms hereof. 3.04 Invalid Provisions to Affect No Others. In the ~ event that any of the covenants, agreements, terms or provisions ' contained in the Note, this~Mortgage or any other instrument securing the Note shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, ~ terms or provisions contained herein and in the Note and any = other instrument securing the Note shall be in no way affected, 7 prejudiced or disturbed thereby. - ; ~ i 3.05 Changes, etc. Neither this Mortgage nor any : 'j term hereof may be changed, waived, discharged or terminated ' I orally, or by any action or inaction, but only by an instrument ~ in writing signed by the party against which enforcement of the ~ change, waiver, discharge or termination is sought. Any agreement ~ hereafter made by Mortgagor and Mortgagee relating to this Mortgage shall be superior to the rights of the holder of any intervening ~ lien or encumbrance. - ~ 3.06 Governing Law. This~Mortgage is made by Mortgagor and accepted by Mortgagee in the State of Florida, with reference ~ to the laws of such State, and shall be construed, interpreted, ~ enforced and governed by and in accordance with such laws (ex- cluding the principles thereof governing conf licts of law). ~ 3.07 Default Rate. The Default Rate shall be fifteen ~ percent (15$) per annum. ~ ~ 3.08 Limitation of Mort a ee's Liabilit . As provided ~ in the Declaration, the name of the Mortgagee and any other ref- ~ erence to the Mortgagee) refers to the Trustees under the Declar- ation as such Trustees and not individually or personally, and no ~ Trustee, Shareholder, Officer, employee, or agent of the Mortgagee ~ shall be held to any personal liability hereunder nor shall resort s' be had to their private property for the satisfaction of any claims ~ hereunder, or in connection with the affairs of the Mortgagee, but ~ only the Trust Property or Trust Estate, as such terms may be ~5 defined in the Declaration, shall be liable. Fr . ~ ~ ~ -16- 0 ~ y~w ~ . ~ - ~:t ~ 4 ~ . ~ _ ~ , ~ r__,.~. . , _ . '`.~"'r~-5,~-.~.;