HomeMy WebLinkAbout2002 prior to entry of a judgment enforcing this Mortgage it : t a 1 Borrower pays 1_ender all sums which would be then due under
this Mortgage, the Note and notes xcuring Future Advances, if any, had no acceleration occurred; !bl Burrower curet
all breaches of any other covenants or agreements of Borruwer,cuntainrd in this Mortgage; (cl Burrower pays all rcat~~nahlr
expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in
enforcing Lender's remedies as provided in paragraph 1 R hereof, including, but mgt limited to, reasonable attorney's fees; and
td) Borrower takes such action as Lender may reawnably require to assure that the'licn of this Mortgage, Lender's interest
in the Property and Borrower's obligation to pay the sums securedrtsy this Mortgage shall continue unimpaired. Upon such
payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if
no acceleration had occurred.
20. Assignment of Beats; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to
lender the rents of the Property, provided that Burrower shall. prior to acceleration under paragraph 1 R hereof or abandon-
ment of the Property, have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph IR hereof or abandonment of the Properly, I~nder shall be entitled to have a
receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the
Property, including those past due. All rents collected by the receiver shall be applied first to payment of the costs of
management of the Property and collection. of rents, including, but not limited to, receiver's fees, premiums on receiver's
bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account
only for those rents actually received.
21. Future Adt•ancer~ Upon request by Burrower, Lender, at Lender's option within twenty years from the daft of this
!•fortgage, may make Futurz Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this
tilortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal
amount of the indebtedness secured by this Mortgage, not including sums adt•anc ~n o nee herewith to protect the
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security of this Mortgage, exceed the original amount of the Vote plus USI ' .
22. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge
to Borrower. Borrower shall pay all costs of recordation, if any.
23. Ariorney's Fees. As used in this Mortgage and in the Note, "attorney's fees" shall include attorney's fees, if any,
which may be awarded by an appellate court. ,,,rf~~
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IN WITNESS WHEREOF, Borrower has executed this Mortgage. '
Signed, sealed.and delivered -
-
FORTY, INC. ~ ~
in the presence of: - 4.
_ ~ ,
. for .ano, President ~ ~~~r-e~{t~`'
BY ! iL~° . (Seal)
•Patricia R. Giordano, Secretary -8or?~,N
Indian River -.Count ss:
STATE OF FLORIDA y
1 hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county
aforesaid to take acknowledgements, personally appearedJOhtl F. _GiordanO, _Presider~~.and, Qa.~riGld.
Giordano,.Seeretary to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that. ~ey.........executed the same for the purpose therein
expressed.
WITNESS my hand and official seal in the ounty and state aforesaid this......~o~.~..........day of
19.7
My Commission expires: • • • • • • • • • .
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! t~q naary w,ncc
(Space Below This Lin! Reserved For Lender and Recorder)
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