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HomeMy WebLinkAbout1995 1S. lf delault be made in payment, wheA due. ot anr indebtalness ucured he~eby, or in per(ormance ot any oi I~iort- gagoi • obligadons, covenants or aarcemeau hereunder: (a) Mortgagee u authorised . at anr time, witltout aotice, in its wle discretion to ente~ upon and take posseuio~ o[ the premises o~ any part thereof, to per[orta u?~ aeb Mort6agee deew neces~ary or prope~ to rnnserve the secu~ity and to copat and raeive all ~ents, iswues and protits thereot~ includias thoae past due as well u those ucruing thues[te~, and (b) Mortgaaee shal! be entiUed. as a matter ot suict risht and without ngud to the ~~alue or occupancy ot the security, to have a receiver appointed to enter upon and take po:session of the premixs. collect the rents and pmfib therefrom and apply the same u the court may direct, such receiver to have ap the righb a~d powen penaitted under the lawt oE Florida. In either such case Mortgasee or the recei~•er mar al~o take poasesaion ot, and fo~ thcse pu~poses use, any and aU peno~al pmperty contained in the premises and used by Mwtgago~ in the rrntal or leasing thereot or any part thereot. The expenu ''--+uai~y a"~..~~•~ t..... _ .~1 4w rnat~ a~ul arrnt's emm~en~ationl intutred Du~suant to We aowen herein Contdined sflaU be•secured hereby. Mortgagee shaU (atter paymeat o[ all coats and expenses incurred) apply such renb~ issues and pm~ts received by it on the indebtedness secured hereby in sucb order as Mortgagee determina. The rig6t to enter and take posseuion of taid pmputy, to manage and opente the same, and to coUect the rents. issua and pro~ts thereot, whether by a reeeiver or othenvise, shall be cumulative to any other right or remedr hercunder o~ a[forded by law, and may be exercised coacu~rently therewith or iadependently thereof. Mortgagee sh~ll be liable to account only fo~ such nnts, iuua and profiu actuall~ received by 1?fortgagee• 14. If the indebtednas secured hereby is now or hereafter (urther secured by chattel mortgaga, pledges, contncb of guaranty. assignments of leases, or other securities, or if the premises hereby encumbered consists oi more than one parcel, Mortgagee may at its option exhaust any one or more ot said securities and the security hereunder. or such parceh of the security hereunder, either rnacurnntly or independrndy, and in such order as it may determine. 15. No delay by Mortgagee in e:ercising any right or remedy hereunder, or otherwise at(orded by law, shall operate as a waiver thereof or preclude the uetcise thercof during the coatinuance ot any default hereunder. I~io wai~•er by Mortgagee o[ any default shall constitute a waiver of or consent to subuquent defaulb. 16. ~Yithout attecting the liability of any person( other than any person released punuant hereto) for payment of any indebtedaess secured hercby. and without affecting the priority o~ eatent of the lirn he~eof upon any pwperty not speciGwity released pursuant hereto. Mottgagee may at any time and trom time to time. without aotice and without limitation as to any lcgal right or priviiege of Mortgagee: (a) Release aay pesson liable for payment of any indebtcdness secured hereby_ , (b) F~ctend the time or agree to alter the tecros oE payment of any ot the indebtedn~sx. (c) Accept additional security oE any kiad. (d) Release any property securing the indebtcdnas. Consent to the creation of any easement on or over the prcmises or any covenants ratricting use or occupancy thereof. 17. Any agreement hereafter made bq Mortgagor and 1liortgagee punuant to thu mortgage shall be superior to the rights of the holder of any inten~ening lien or encumbrance. 18. I?iortgagor hercby waiva aU right of homatead exemption in the property :ubject to this mortgage. 19. The coveaants and agreements hetein contained sball bind and the benefiu and advantags shall inure to t6e respective heirs, e~cecuton, adminutnton, successon and assigns of the parties hercto_ Wherever used, the singular number shall include • the plural, the piural the iingular. and the use of any gender shall be appticabte to ail genaen. nti -covenants, agree~t~r?ct and undertakings shall be joint and several. In the event additional numbered coyenants are for convenience inserted in this mortgage folbwing the legal dacription, such additional covenanb shall 6e read and gi~ert etfect as though following this covenant in consecutive order. 20. Anr dscimcy in the amount of such aggregate monthly payment shall, unless made good by the I?iortgagor prior to the due date of the nezt such payment, constitute an event of default under this mortgage. At Mortgagee's option, Mortgagor will pay a"late charge" not acceeding tour per centum (496) of any installment when paid more than fifteen (15) days after the due dau thereof to covcr the actra espense involvcd in handling delinqurnt payments, but such "late chargd' shall not be payable ~ out of the proceeds oE any sale made to satis[y the indebtedness secured hereby, unlas such proceeds are sut~cient to dischazge the ~ entire indebtedness. ~ I~I WITNESS WHEREOF, the said Mortgagar___S-, 7 ' ' ife ~ hereunto sct their ~d_ ~d xa~S th~ day and yeu fint above written. ~ S~ ed eliv t in the presence of: ~ ~ •~cyTY flA, • / l ~~'U~ (Scwc) ~ ~i~1Y B. KI~OWLES ~ RJ;=:- • 'RJ~S c~ ~ _ ~ ' C~~1R1 ~ (S~?~) STATE OF FLORIDA . n f". J Y , dOWI,ES COU:VTY OFS~}}E :ss puG y 3~s PH' 1~ ~`-~~~~0 I, an ofrcer aut6oriizeed to take acknowledgmenb of deeds ucording to t6e laws of the Sute of Florida, duly qualified and ucing, HEREBY CERTIFY that ~'~A~~ B• ~~Ot,1LES and JF.Itr.Y J. 1::~OWLES, his wife ~ _ ~ to me penonally known, this day penonaltr appeared and acknowledged before me that thev executed the foregoing Mort- gage, and I FURTHER CERTIFY that I know the uid ptrso~ s making said acknowledgment to be the individcia~S ~ dacribed in and w6o acecuted the said Mortgage. - AI~TD I FURTHER CERTTFY that said J~~Y J. l: tdIJLF,S ~ ~ ~ is known to me to be t6e wife of. said k'AY'~E B I~ Ok .FS ~ and that s6e this day acknowledged to and beforc we, xparacdy and apart from her said hmband, that ihe eacecuted the said ~ Mortgage Deed for the ~~!rpat~ ot rrnauncing and nlinquishing her dower and right of dower and separate atate in and ~ to the lands therein describcd, and that a6e executed the same freely and voluntarily and without oompuluon, co~straint.. appre- ~ hensioa or fear of or from her husband. L; -1 J~ ~ " ' • _ IN WITNESS WHEREOF, I hereunto ~et my hand and official seal at FORT P~~RC6'~ ~ yu~.~~j, ~ ~ 1 n ~ ~ 5~,~ ~ Sth ~r Au~ust A. 19 4 ' ; ~ ••o G : v~ MI.E L WIRYESON, ~ , • MOTMY PUBUC STATE OF FL~RIOA AT lAR6E Noury Pu c S ~oP ~ da a ~ ~ COMMISSlUN 0(PIRES MARCH 31 ig~ " ' . • , Mr commissioa ezp . r, ~ $ ~ ' ~ BQOK~~JU PACf 9 ' 1 94 _ _ _ '+1 N" . , ~ AY~yt+.'- . i. J,„.-,•t . ,gz.- s _ , ~ X- - ~ - ~ ~ . ,a~ ~ -