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HomeMy WebLinkAbout2410 i ti ' ` j i i - ;l - - - - - i i 11. It is specifically agreed that time fis of the essense of this :contract and that no; waiver of any obligation hereunder or of the obligation ! :'secured hereby shall at any time be held to be a waiver of the terms hereof ',:or of the instrument secured hereby. _ _ I 12. If foreclosure proceedings of any second mortgage or second - ,trust deed or `any junior lien of any kind should_be instituted, the Mortgagee i_ .;may at its option imr~ediately or thereafter declare this mortgage and the in- 'debtedness secured hereby due and payable forthwith, and may at its option ;proceed to foreclose this mortgage. - 13. To pay all and singular the costs, charges and expenses, in- °cluding attorney's fees reasonably incurred or paid at any time by the Mort- 'gagee because of the failure of the Mortgagor to perform; comply with and abide by each and every the stipulations, agreements, conditions and covenants of said promissory note and this deed, or either, and every such. payment made - 'by the Mortgagee shall bear interest from the date of payment at the rate of 11 1/2 x per annum. - ' IT IS FURTHER UNDERSTOOD AND AGREED by and between the parties ;,;hereto that this mortgage is subject to -all thF conditions, stipulations,- . agreements and covenants applicable hereto contained in a certain construction ~~loan agreement made by and-between .the Mortgagor and the Mortgagee hereinabove `referred- to, to the same extent and effect as if- they were fully set forth ' :herein and made a part of this mortgage, and on the failure of the Mortgagor .to keep and perform all the covenants, conditions and agreements of said con- struction loan agreement, thereupon the principal sum and all arrears of interest shall, at the option of the Mortgagee or its successors or assigns, `.became due and payable, anything herein contained to the contrary notwith- ;standing. _ - IN WITNESS WHEREOF, the Mortgagor has caused these presents e executed in its name by its undersigned officers this~day ~?f ~ ~~~r, 1979 . - S.C.S. TARPON BAY, INC., a ` -,inATTEST Florida C rporation z~ ~ 4~1i* I ~fi~5~ : a . Its =f°.5°' ~ ~(CaRPORATE SEAL) F -`LP`,T `1 7 J - ~```OF FLORIDA ) 5 S - ~ ~~COUNTY OF PALM BEACS ) BEFORE ME, the undersigned Notary Public duly authorized in the :.Count and State of resaid t to acknowled is and admiri~-t`er oaths, per- sonal yappeared E . `F y and g q ~n!~- W ~c,.~NS _ -known to me to be a ESQ ~•J-'C- and ~tZ~a4~> respectively, Hof S.C.S. TARPON BA a ors a corpo- r~'at~on , -an who acknowledged }before me that they executed the foregoing in said capacities for the purposes ~~expressed therein. DATED this ~~day of September 1979 ~ ( { Notary Public (SEAL) My commission expires: 14oais~ ~~~il.,S`~'age aE Florida z. ~ aa;c _ - 80Gf~~~ PA6F~~ - ~ - ~ . _