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HomeMy WebLinkAbout2023 • shall be given for any uncollected rents or other uncollected amounts or bills, nor shall credit on the mortgage indebtedness be given for any rents, issues and proCts derived from the prol~rty alter Assignee shall obtain possession of the premises under order o[ court or by operation of law. '3. Assignee may, after occurrence of default as above provided, from time to time appoint and dismiss such agents or employees as shall be necessary for the collection of rents, issues and profits and for the proper care and operation of the property, and Assignor hereby grants to such agents or employees so appoint- ed full and irrevocable authority on Assignor's behalt to manage the property and to do all acts relating to such management, including among others, the making of new leases in the name of the owner or otherwise, the alteration of or amendment to existing leases, the authorization of repairs or replacements to maintain the building or buildings and chattels situate upon the property in good and tenantable condition and the making of such alterations or improvements as, in the judgment of Assignee, may be necessary tp~, maintain or increase the income from the property. Assignee shall have the sole control of such agents or employees whose remuneration shall be paid out of the rents, issues and profits as hereinbefore provided, at the rate of compensation accepted in the community wherein Lhe property is situate unless otherwise specified and Assignor hereby expressly releases Assignee of any liability to Assignor for the acts of such agents and agrees that Assignee shall not be liable for their neglect or for monies that may come into their hands unless actually received by Assignee at its Home Office. 4. Assignor agrees that nothing in this assignment shall be construed to limit or restrict in any way the rights and powers granted in the mortgage instru- ments to Assignee or the trustee named in any deed of trust. The collection and application of the rents, issues and profits to the mortgage indebtedness or as otherwise above provided shall not constitute waiver of any default which might at the time of application or thereafter exist under the mortgage instruments, and the payment of the indebtedness secured by such instruments may be accelerated in accordance with their terms, notwithstanding such application. Notice of default may be recorded and foreclosure sale held under such mortgage or deed of trust, notwithstanding that Assignee continues in possession. of the property, both real and personal, herein referred to, and continues to collect the rents, issues and profits thereof. - This Assignment shall inure to the benefit of Assignee and its successors ` ,and assigns and shall be binding upon the heirs, executors, administrators, f successors and assigns of Assignor. E IN WITNESS WHEREOF, each of the Assignors has hereunto set his ~E hand and seal or caused this Agreement to be executed by its authorized officers ~ and its corporate seal to be hereunto affixed the 28thda_v of December ~ 1978 HOLIDAY PINES, a Florida General Partnership, ASSIGNOR Signed, sealed and delivered gy its partner in the presence of: SARI, R. NELSON, INC.,, a Florida corpora 'o ~C SEAL g ( ) ~ ~ Att . ~A~) S tary:~ 'L w~ ~ °Y3U~: r~~,-2018 '~1 -2- TURNER. HEN DR~GK. GUILFORD. GOLDBTEIN A MC DONALD. ATTORNEYS AT LAW. CORAL GA6LE3. FLORIDA ~ R_