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HomeMy WebLinkAbout2597 IS. 1f detault be made in payment. whc~ due, o( anq indebtedneu ucured he~eby, or in per(ora~ance af aay of I?~ort- gago~'s obligations. covensna or aareements 6ereundtt: , (a) Mortga~gee is autho~ised at any time, without notice, in iu sole discretion to enter upon and take posKUion o( the p~emisa or any part thereot, eo pe~to~m any ncu MorcBagee de~nu necusary or proper to conserve the aecurity and to tollect ' and receive all rentu. iuua and pmfiy therrof, includina those put due as well u those acc~uing therea[ter. and t (b) Mortgagee shaQ be entitled, as a matter oE strict right and without regard to the value o~ occupancy oE the security, ~ to have a receivcr appointed to ente~ upon and tske posseuion of the premises, collect the rents and profits therefrom and app1Y r the same as the court may diact. such receive~ to have all the rights and powen permitted under the laws o[ Fbrida. ~ In either such caue Mortgagee o~ the reccivec may also take posseuion of, and fot these purposes uae, any and all personal ~ property rnntained in the premises and uxd by Mo~tgagor in the rental or leasing thereof or any part thereof. The expcnse ! (including receiver s feea, counsel fea, costs and age~t's rnmpensation) incurred punuant to the powers herein contained shall ~ i be secured he~eby. Mortgagee shall (~[ter payment of sll coats and expenses incurred) appiy such rents, issus and prorts r~ceived ~ by it on the indebtedness secured hcreby in suth order aa Mortgagee determina. The right to enter and take possession of said ~ , property. to manage and operate the same, and to collect the rents, iuues and protits thereof, whether by a receiver or otherwise, ~ shall be cumulative to any other right or remedy hereunder or a(torded by law, and may be exercised concurrently thtrewith or independently thereot. Mortgagee shall be Gable to account oniy [or such rents, iuues and protits actually received by Mortgagee. ~ 14. If the indebtedness secured hereby is ~ow or hereafter furthe~ secu~ed by chatte) mortgaga, pledges, contratts of ~ guuanty. assignments oE leases~ or other securitia, or i( the premisa hereby encumbored consists of more than one parcd, ~ Mortgagee may at its option e:haust any one or more of said ucuritia and the security hereunder~ or such parcels o[ the security hereunder~ ~ither concurrently or indepcndently, and in such order as it may determine. 15. No delay by Mortgagee in exercising any right or remedy he~eunder, or otherwise atforded by law, shaQ operate as a ~ waiver thereof or preclude the exercise thereof during the continuance o( any de(ault hereunder. I\o waia•er by Mortgagee of any de[ault shal) constitute a waivtr of or eonsent to subaequent defaults. 16. Without alfeeting the liability of any person( other than any pecson released pursuant hereto) for payment of any ~ indebtedness secured hereby, and wichout affecting the priority or extent of the lien hereot upon any property not specificall~ rel~ased punuant hereto, Mortgagec may at any time and from time to time, without notice and without limitation as to any legal right or privilege ot Mortgagee: fILEO ANO RECQROEC (a) Release any person liabte [or payment ot any indebtedness securcd hereby. ST.lUC1E COUNTY FI,A. ROCER P~iTRAS (b) Extend the time or agrce to alter the ternu of payment of any o( the indebcedness. C~fRK CI;CUI? COURT (c) Accept additional security of any kind. /~~~~w REC4H~ YE~~~F~EQ r~.< <3 (d) Releax any property securing the indebtedness. J~, 2 39 PN (e) Cons~nt to the creation of any eaument on or over the premises or any covenants ratricting use or occupancy thereoE. 17_ Any agreement hereafter made by Mortgagor and I?~ortgagee pursuant to this mortgage shall be superior to thc rights ot the holder of any inten-ening lien oc encumbrance. i8. Mongagor henby waiva a1t right of homestead excmption in the property subject to thu mortgage. 19. The covenants and agreements hereia contained shall bind and the bene[its and advantaga shall inure to the rapective hein, executon, adnrinistraton, succ~sson and auigns of the parties hereto. Whereeer used, the singular numbar shall include the plural, the plural the singular, and the use o[ any gender shall be applicable to all gendea_ All covenants, agrcements and undertakings shall be joint and se~eral. In the event additional numbored covenants are for convenience inserted in thu mortgage foibwing t6e legat dacription, such additional covenants ~hall be read and given effect as though following this covenant en consecutive order. 20. Any d~ciency in the amount of such aggregate monthly payment shall, unlcss made good by thc I?fortgagor prio~ to the due date of the next such paymeat, constitute an event of de(ault under this mortgage. At Mortgagee s option, Mortgagor wiU pay a"late charge' not ~xceeding four pcr centum (49~0) of any instal[ment when paid more than fifteen (15) days after the due date thereof to rnver the extra a~pense involved in handling delinquent payments, but such "late charge" shall not be payable out o[ the proceeds of aay sale made to satisfy the indebtedness secured hereby, unless such proceeds are su(~cient to discharge the entire indebtednas. . I:V WITI\ESS WHEREOF, the said Mortgagor B. ~+t'H AND .7ANICH P. ~~T~', h].S W~£@ hereunto set ~e~ hand_S and seaL.-_ the day and year [irst above written. Sign ; led and d~ cred in t e pracnce of: ; i - - _ csrAL~ _~_~SEAL) - STATE OF FL IDA . ss COUNTY OF ~ ST• I.IJCI$ I, an o(ficer authoriied to take acknowledgments of dceds according to the laws of the State of Florida, duly qualified and acting, HEREBY CERTIFY that B. ~IE7~C ANU JANICE P. XSLLEY~ h1S W~.f@ ~ . - ~ to me personally known, this day perxonally appeared and actnowl~dged before me that -~1~V _ executed the foregoing Mort- gage, and I FURTHER CERTIFY that I know the said person S making said acknowledgment to be the individuais described in and who e~cecuted the said Mortgage. ~ AND I FURTHER CERTIFY chac sa;d Janice P. Kelley is known to me to be the wife of said - RLC}l~d B. IC@1l.Ey and t6at she this day ackc~owledged to and before me, uparately and apart from her said 6usband, that she executed the said Mortgage Dced for the purp~c~e of renouncing and relinquishing her dower and right oi dower and separate atate in and to thr lands therein dexribed, aad that ahe executed the same (reely and voluntarily and without compuWon, constraint, appre- ~ hension or tear of or from her hwband. ~ . IN WITNESS W~iEREOF I hereunto xt m hand and offi'c'~ ~ ~ , y ,ea~ ~de.; ~:.~;~ove mentioned said County ~ and State, th+s 25th dar July ~ y A~~~~~q 73 ~ NOTARY PUBUC ~r . ~ • f~ ~ My Commission Expfaes Decembcr g~rg~ ~ w ~+bli Y g~ ~ My commission expiru . ' - u . p /u Q ;~f;*~\: ' t ~ a R 216 ~25~ S~ ~~,U~ FAC .y : - - _ _ _ _ ~ ,..x~~~~~..,~-' w _ r ~ - . . . ar.y-.~<-'ci-~'.~'~.~::~.