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HomeMy WebLinkAbout2770 ~ . • f ~ prior to entry of a judgment enforcing this Mortgage it: (a) Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred: (b) Borrower cures all breaches of any other covenants or agreement: of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrow![ contained in .this Mortgage and in enforciag Lender's remedies ss provided in paragraph 18 hereof, including, but not limited to. reasonable attorney's fees: and (d) Borrower takes such action a: Lender may reawnably require to assure that the lien of this Mortgage. Lentkr's iatere:t in the Property and Borrower's obligation to pay the sums securod by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full fora sad etTect s: if no acceleration had occurred. 20. AssigameN o€ Reels; AppolatveN et Ret:eiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. provided that Borrower shall, prior to aaxkration under paragraph 18 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 18 hereof or abandonment of the Property, Lender 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 reawnabk attorney's fees, and then to the sum: secured by this Mortgage. 'Rte receiver shall be liable to account only for those rents actually received. 21. Fsltnre Aava~cea. Upon request by Borrower, Lender, at Lender's option within twenty years from the date of this Mortgage, may make Future Advance: to Borrower. Such Future Advances. with interest thereon. shall be axured by thr: Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secures! by this Mortgage. not including sums advanced in accordance herewith to protect the security of this Mortgage. exceed the original amount of the Note plus USS... • • • • • • • • • • • • • • • 22. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all coats of recordation. if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's fees" shall include attorney's foes, if any, which may be awarded by an appellate court. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the Drew of ki~ .',/.t.-. s . X (Seal) • ` ~ Kenneth E. Penny, Jr. "8or'°M"` . < ~7~ ~ (Seal) • ~ -••eo.row.r STATE OF FLORIDA, ...........MARTIN . _ _ • . • , • • • , •COUnty ss: I 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 appeared...... •Ker~neth• E, •Fennyy 3r. • agd.C.,9.RGL~. ~g~y, , ggi,~Q , • . to me known to be the person(s) described m and who executed the foregoing instrument and acknowledged before me that ..............executed the same for the. purpose therein expressed. WI~;iESSm~xx hand and official seal in the county and state aforesaid this........~2~r1............day of - ~l~l. ~ • Notary Public ~ _ j (Space Below This Line Rsserved For Lender and Recorder) , ~ i. C, Norris Tikort. A' ~ /•.44crney at Law a I i~ : r ~l~I I ~ ~ ~ ~ Y. O.. Bex 33457 each Honda J©~sen B . _ - $~~(~4 ~~27fi? s u~2