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HomeMy WebLinkAbout2972 ~ 1 IS. If detault be made ia payment, when due, ot aay i~debtalness ucured hereby, o~ in pe~fo~mance o( any of 1ltort- gagor's obligation~, rnvenants o~ agremenu hereunde~: (a) Mortga6ee is autho~cd at any time, without notice. in its ale discntio~ to ente~ upon arid take posuuion o[ the premisa o~ any part theaof, to pedoru~ aar ub Mortsaaee deems nacuary or prope~ to coaserve the security and to collect and receive aU teats, issua and profits thereot, iacludit~ thou past due u weU as those uuuina thereaiter, and (b) Mortgaaee shaU be entided, at a matte~ of ttrict right and without regacd to the value or occupancy oE the secu~ity, to have a ~eceive~ appointed to enter upon and take possessioa of the premises, collect the renb and proCb theretmm and apply the sxme as the court may direct, such receiver to have ait t6e righu and poweis pernutted under t6e laws of Fbrida. In either suc6 case Mort6agee or the retciver may sl~o take poss~uion of. and (ot thae purpoxs ux, any and all penonal property contained in the premises and wed bp Mortgagor in th~ rental or leasing thereof or any part thereot. The expcnse (including meiver'a tea, counsel fea, cwts and asent'~ compensation) incurred punuant to the powen he~ein contained ~?all be secured hereby. Moctgagee shaU (aiter paymeat of all costs and expenxs incurred) apply wch rents, issua and pmfits received by it o~ the indebtedness secured herebp in such order as Mortsagee determina. The right to eater and take poasession o[ said pwpert~. to manage and operate t6e same. and to collect the rtnts, iuua and protib thereof, whethe~ br a~eceiver or otherwisq s6aU be cumulative to any other right o~ remcdy hereunder or a[[ordcd by law. and may be exercised concurre~tly therewith or independently thereof. Moregagee shall be liable to account only !or such rents, is~ua and p~ts actually ~eceived by 1lfort~agee. _ 14. If the indebted~ess secured hereby ia now or hereafter further securcd by chattel mortgaga. ptedges, contracts of guaranty, auignments oE leases, or other securities, or i[ t6e premises hereby encumbered rnnsists of more tha~ one parcd, Mortgagee may at ib option rxhaust any one or more o[ said securitia and the security hereunder, or such parcels o[ the security hereunder, either concunently or independently, and in such order as it may determine. 15. No delay by Mortgagee in exercising any right or remedy hereunder, or otherwise afiorded by law, shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any defautt he~eunder. l~o waiver by Mortgagee of any d~tault shaU constitute a waiver o[ or consent to subsequent defaults. 16. Without affecting the Gability ot any person( other than any penon nleased punuant hereto) fo~ paymeat of any ~ i~debtedaas secured hereby, and without affecting the priority or extrnt of the Gm hereof upon any pmperty not specifically releaxd punuant hento, Mortgagee may at any time and from time to time, without notice and without limitation as to any legal right or privilege oE Mortgagee: FILEO ANO RECOROED (a) Release any person liable [or payment of any indebtedness secu~ed hereby. ST.IUC~E COUNTY FLA, . ROCER ?~IT~AS (b) Factend the time or agree to aIter the terms of payment of any of the indebcedness. CLERx CI;CUIT COURT (c) Accept additional security of any kind. ~59934 ~ECORD VEn~F1ED (d) Release any property secusing the indebtednas. J~, ~s Z 39 ~H ~~J (e) Consent to the creatio~ of aay easement on or over the prcmisrs or any covenanu ratricting use or occupancy thertof. 17. Any agreement hereaftcr made by Mottgagor and Mortgagee punuant to this~mortgage shall be superior to the righu of the holder of any intervening licn or encumbrance. 18. Mortgagor henby waives all right of homatead uemption in the property subject to this mortgage. 19. The covenanu and agreements herein contained shal[ bi~d and the (xn~ts and advantaga shall iatue to the rapective hein. executors, administrators, succasoa and asaigrU of the parties hento. Whert~er used, the singular number shall indude the plural, the plural the singular, and the use of any gender ahaU be applicaDte to all genden. AU covenanu, agreemeats and undettakings shall be joint and st~eral. In t6e evrnt additional numbered covenants are (or convenicnce inxrted in this mongage [ollowing the lega! dauiption, such additional covenants shall be read and givcn effect as though following this rnvenant in coasecutive orda. _ 20. My deficieacy in the amoant of such aggregate monthly payment shall, unltss made good by the Mortgagor prior to the due date of the neut such payment, comtitute an event of default under this mortgage. At Mortgageds option, Mortgagor wiU pay a"late charge" not exceeding four per crntum (496) of anq imtallment when paid more t6an fdtcen (15) days after the due date thereof to cover the extra acpense mvolved in handling ddinqu~t payments, but such "late chargd' shall not be payable out ot the proceeds of any sale made to satisfr the iadebtednas secured hereby, unlas such proceeds are suf6cient to discharge the entire iadebtedness. IN WITNESS WI-IEREOF, the said Mortgagor B• J~NZC'S P. KBLZSY. h1S W~@ hereunto set ~e~ han~ 8 and seaL the day and year fint above written. - Sign ; ed and delplered in e praence of _ ~ Q - ; ( sa,?L> . - Stwt) STATE OF F IDA i courrrv oF ~R ST.u~UCiS ! I, an officer authorized to take acknowledgmena o[ deeds acco~ding to the laws of the State of Florida, duly qualified and i ~ ~ acang, HEREBY CERTIFY eh~t B• ~ JI~ICS p• I~LSY• hi& wife ! s ~ ' r ~ 7?~ to me personally known, this day penonally appeared and acicnowledged be[ore me that executed the (ore~i A~t'~~r~•,;~ ~ti gago, and I FURTHER CERTIFY that I know t6e said person ~ making said acknowledgment to be the individuals <~z'.~~ ~ dacribed in and who acecuted the said Mortgagr. G. . r ~ ~ ~ AND I FURTHER CERTIFY chac u; d _ Jan~ce P. Kelley ~ 4;-: Pr ~-;'~=ti ~T1 n ~ ~ is known to me to be the wife oE said R1Chd~Cl B. Kell ~'~-~°w ; and that she thu dar acknowledged to and be[ore me, uparatdy and apart (rom her said husband, that she executed.th !~d ~o Mortgage Deed for the of renouncing and relinquishing her dower and right of dower ac~ separate e~e ' ~ to the lands therein described, and that she aeecuted the ume tndy and voluntuily and without compulsion, constraint, - hemion or fear of or from her husbaad. ~ ' . : . ~ IN WITNESS WHEREOF I hereunw xt m 6and and, o(fi'"~ ~~se~~~lb; : . Y f , ~ ,above mentioned ,~;a cou~ty ; _ and Stace, this 25~1 da~ ~ Jtlly ~.~:..~s~•'.`_ 73 - ; ' : r V - ~ • •P ~ S NOTARY PUBUC, State ot Flo~lda 'Q~~ / My Commission Expires December 18;19p~6 • . ' ~r_ ~b~' ~ ~ ' G ' My commission acpires • . s - ' ~ 'b ~ . • 'f o a . ~_a - n Q ~p a0t11(~1U fAf~~9~ , ;,_.;-'~SZ~~~;,;o~'`~ ~~~0~~~~ FACE~5~7J ~ _ _ - ~ ~ . - _ _ . _ ~ _