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HomeMy WebLinkAbout2093 . ~ ~ 3 S IS. lt detault be made in paymeat. wheu due, o[ any indeb~edncu secured hcreby, or in pcr(ocmancc ot •any of Mort- . 1 gagoi • obligations, covenants o~ as~eemeaq hereuade~: (a) Mortg~ee is authorised at aay time. without nocice. in ia sole dixretion to enter upoa and take posustio~ of the premites or any part the~eo[, to pedorm any acu Mott~ee deems neccsury or pmper to conse~ve the security u~d to rnUect and ~eceive all rents, issua and profib thueof. iadudins tho~e past due as weA as those acuuins the~eafter. and (b) Mortgagee ahall be entitled, a~ a matter ot strict rigbt and without ~egard to the vatue o~ occupancy o[ the security, a have a receivcr appointed to enter upon and take poasasion of the prcmises. collect the rents and protits theretma~ and apply the same ss the court may direct. such raeiver to have all the rights and powen peanitted under the laws o[ Florida. In either such caie Mortgagee or the receiver may also take postession v., aad t~ thae purposes use. any and aU personal pmperty contained i~ the premisea and used by Mortgagor in the rental or leasi~a thereot or any part thereof. The espenx (including receivers [ees, counul tea, coats aad saent's oompensation) incurred punuant to the powen herein contained shall ~ be secured hereby. Mortgagee shaU (atter payment of all coata u?d expenses incurred) applr such rrnts, issues and proGts received by it on the indebtedness secured henby iu such order as Mortgagee determina. The right to rnter and take possession of said property, to manaae and operate the ~ne, and to coUect the rents, issua and pmfits thereot, whcther bp a receiver or otherwise, shaU be cumulative to any other right or remedy hereunder or af(orded by law. and may be exercised concurrentlr t6crcwith + or independendy thereo(. Mortgagee s!?all be liable to accou~t only for such rents, issua and prolits actwUr received by Mortgagee. 14. I[ the iadebtednw secured hercby iu now or hereatter funher secured bp chattel mortgaga. pledges, rnnuacn ot guaranty. assignmenu of leasu. or other securitia, or if the premises hereby encumbered consists of more than one parcd, Mortgagee may at its option exhaust aay one or more oE said securitia a~d the securitr hereunde~. or such parcels of the security 6ereunder, either concurrently or independently, a~d in such order as it may determine. 15. No delay by Mortgagee in e:ercising anr right or remedy hereurrcier, or otherwix afforded by law, sLaU operate as a waiver thereof o~ preclude the acercise thereof during the continuance of any default hercur~dcr. No waia-er by Mortgagee of any dcfault ahaU constitute a waiyer of or consent to subsequent detaults. 16. Without a[tccting the liability of any person( other than anr penoa released punuant hereto) tor papmcnt ot any indebtednw secured Lenby, and without aftecting the priority or extent o[ the lien hereoi upon anr pmperq rwt speciCcaUy releaud punuant hereto, Mortgagee may at any time and [rom time to time, without notice and without limitation as to any legal right or privilege ot Mortgagee: (a) Release any person liable [or pa~-ment of any indebtednar secured hereby. (b) Extead the time or agree to alter t6e ternu o[ payment of any ot the indcbtednes3. (c) Accept additional security of auy kind. (d) Release any property securing th~ indebtedness. (e) Consent to the creation of any easement on or over the prcmises or any covenanu ratricting use or occupancy thereof. 17. Any agceement hereafter made by Mortgagor and 1liortgagee punuant to this mortgage shall be superior to the rights of the holder ot any inter~~ening lien or cncumbrance. 18. Mongagor heteby waiva aU cight of homutead exemption in the property subject to ihis mongage. 19. The covenants. and agreements herun contained shall bind and the benefits and advantaga shall inure w t6e respeetive heirs, executors, administraton, s~eccasoa and auigns of the parties hereto. Whera•er used. the singular number s6a11 include the plural, the piural the singular, and the use o[ any gender shall be applicaDle to aU genders. All covenants, agreemenis and undertakings shall be joint and several. In the evrnt addiuonal numbered covenants arc (or convenience inserted in this mortgage [olbwing the legal description, such additional covenants shall be read and given effect as though following t6is covrnant in consecutive order. 20. My dJaeacy in the amount of such aggregate moatWy payment shall, unless made good b~ the ~fortgagor prior to the due date o~ the nezt such paymeat, comtitute an event of detault under this mortgagG At Mortgagee's option, Mortgagor will ' pay a"late charge' not acceeding four per centum (49'0) of any installment when paid more than fdteen (15) dats after the due date thereof to cover the extra upense involved in handling delinquent paymenu, but such "late charge" shall not be payable ~ out of the proceeds o[ any sale made to utisfy the indebtedness secured hereby, unlas such proceeds are sufficirnt to discharge the ! entire indebtedness. i 9 IN WITNESS WHEREOF, t6e said Mortgagor_B__-, IRA E. CURBY and SANDRA CURRY~ hi.s ii~fC I - i hereunto set ~~L 6an an the day and year first above written. i ~ Signed, a i pr nce of: ~ I - (sewL) s 0. (Sui ) ~ STATE OF FLO DA . S RA CURRy ~ ss courrr~r oF ~t S~. LUCIE ~ I, an officer authorued to tate acknowledgments of deeds according to the laws ot the State of Fbrida, duly qualified and ~ acung, HEREBY CERTIFY that TRA F [_iiRRV ~nd SANiIRA [_IiRRY _ ht ~~.~t fe r a : ~ ~ ~ to me penonally known, this day penonally appeared and acknowledged before me that ezecuted the foregoing Mort- ; gagq and I FURTHER CERTIFY that I know the said perso~~- making said acknowledgment to be tLe individualS g s ducribed in and who eacecuted the said Mortgage. f " A1tiD I FURTHER CERTIFY that said ~A~~ ~~gY ~ ~ - ~ IRA E . C[TRRY ~ ~ is knawn to me W=6e.t¢e wife of said ~ ~ a~d''t1~E~e~~hiy~ _dly, ar~nowledged to and be(ore me, ieparately and apart (rom her said 6usband, that sLe ezecuted the said ~ , . I1~~~~~~e ~~tp[a~ of renouncing and relinquishing her dower and right of dower and xparate aute in and ~ tQ~ eread,dt~ycf}'bed, and that she a~ceuted the same freely and voluntarily and without compukion, constraint, apprc- j 6e~ui~~T~r(~~s'~n0a~er husband. ~ ~.AI -~NESS :~y{~IF~OF, I hvcunto xt my hand and o(ficial xal at FORT PIERCE said County ~ ~ 4nd•.Sb~~-~- dar of , 19 ~ ~ ~ ~ •-`s`~-;~. : , n~ ~ ~ ~_~f,~• . i; - ~ ~ ~ / ; ''ri'~~~ .r,1~'' • Q~ otary lic Sute of Florida at I,arge i ~ NtQORD Y~lil~~p , Mr oommipioli exp~ a - ~ry Publlc, State of Florida at La~. ~ I My Commiui~ Expires Sept. 1, 1917. } ~ J~ t! 3~~ 1~ ~ E: Fx ~5 PAGEzO~ 2~, ~ ~ s ~ _ _ _ _ `.4. _