HomeMy WebLinkAbout0799 ment of a receiver. (6) U.C.C. Remedies: With respect to the_
personal property in whit a secur ty nterest is herein granted,
M~rtaaoee may exercise any or all of the rights accruing to a
secured party under this Mortgage, the Uniform Commercial Code
(Florida Statutes, chapters 671-680) and any other applicable law.
Mortgagor shall, if Mortgagee requests, assemble all such personal
property and make it available to Mortgagee at a place or places
to be designated by Mortgagee, which shall be reasonably con-
venient to Mortgagor and Mortgagee. Any notice required to be
given by Mortgagee of a public or private sale, lease or other
disposition of the personal property or any other intended action
by Mortgagee may be personally delivered to Mortgagor or may be
deposited in the United States mail with postage prepaid duly
addressed to Mortgagor at the address of Mortgagor last known to
Mortgagee at least five (5) business days prior to such proposed
action, and shall constitute reasonable and fair notice to
Mortgagor of any such action.
All rights and remedies set forth above are cumulative
and in addition to any right or remedy provided for by statute, or
now or hereafter existing at law or in equity, including without
limitation. the right of Mortgagee to collect or enforce the
Indebtedness with or without taking any action with respect to
the Premises. Mortgagee may, at Mortgagee's election and at
Mortgagee's discretion, exercise each and every such right and
remedy concurrently or separately.
ADDITIONAL PROVISIONS of this Mortgage, constituting
additional covenants and agreements by Mortgagor, are as follows:
(1) Applicable Law: This Mortgage shall he governed by and
construed, interpreted and enforced in accordance with the laws of
the State of Florida. (2) Forbearance: Mortgagee shall not be
deemed to waive any of Mortgagee's rights or remedies hereunder
unless such waiver be in writing and signed by or on behalf of
Mortgagee. No delay, omission or forbearance by Mortgagee in
exercising any of Mortgagee's rights or remedies shall operate as
a waiver of such rights or remedies, and a waiver in writing on
one occasion shall not be construed as a consent to or a waiver of
any right or any remedy on any future occasion. (3) Time: Time
is and shall he of the essence of this Mortgage and the covenants
and agreements by Mortgagor. (4) Captions: Any captions or
headings preceding the text of separate sections, paragraphs and
sub-paragraphs hereof are solely for reference purposes and shall
~ not affect the meaning, construction, interpretation or effect of
s the text. (5) Notices: All notices, requests, demands and other
communications hereunder shall be in writing anti shall be deemed
~ to have been duly given to Mortgagor if personally delivered or if
~ mailed in the United States mail, by certified mail with a return
receipt requested and with postage prepaid, to Mortgagor's last
address known to Mortgagee. (6) Severability: In the event that
any of the terms, provisions or covenants of this Mortgage are
held to be partially or wholly invalid or unenforceable .for any
reason whatsoever, such holding shall not affect, alter, modify or
impair in any manner whatsoever any of the other terms, provisions
or covenants hereof not held to be partially or wholly invalid or
unenforceable. (7) Definitions: The word "Mortgagor" as used _
herein shall include the plural should more than one Mortgagor
execute this document; the masculine and feminine gender,
~3 regardless of the sex of Mortgagor or any of them; individuals,
partnerships, joint ventures, corporations and other legal enti-
ties shoul~? such an entity execute this document; and the heirs,
legal representatives, successors and assigns of Mortgagor. If
more than one party shall execute this yortgage, the word
"Mort"gagor" shall mean all parties signing, and each of them, and
each and every agreement and obligation of Mortgagor shall be and
mean the joint and several undertaking of each of_ them. The word
"Mortgagee" as used herein shall include the transferees, suc-
cessors, legal representatives and assigns of Mortgagee, and all
rights of Mortgagee hereunder shall inure to the benefit of its
trans f.erees, successors, legal representatives and assigns.
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