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HomeMy WebLinkAbout2828 ~ -40.811 12. The Mortgagor has under the other provisions of this Mortgage and does hereby assign to the Mortgagee the rents of the Property, provided tb~~tkte Mortgagor shall, prior to the acakratioa of the mortgage itdcbt6daess as elsewhere herein provtded or the abandonment of the Properly, have the right to collect and retain such ren{s as they become due and payable. Upon acceleration under the other provisions hereof os(Ihl~arrdonment of the Property, the Mottgageb shall be entitled to take possession of and manage the Property and to collect the rents of the 'tyC!}~i, hose pad 41NS: Aq rgo~GOljsCted shall be applied tint to the payment of the costs of management of the Property and collection o the rcrit~ try din ~bu pot Itttiited to attorney's and real estate broker's fees and then to the sum secureei by this Mortgage. The Mortgagee shall be liab [or those rents actually received. 13. In the eventnl3tia8t7gi0st~id sS ftatraoD9krsltU9r>art~ige the Mortgages shall be entitled at any time pending such foreclosure to apply to the court having jurisdiction thereof for the appointment of a receiver of the property and all of the rents, incomes, profiu, issues and revenues thereof from whatever source derived and the court shall forthwith appoint:uch receiver with the tutral duties and powers of receivers in like cases and said appointment shall be made as a matter of strict right to the Mortgagee and without rc[ercntx to the adequacy of the valtre of the Property or the solvency o[ the Mortgagor or any other party to such suit. The Mortgagor hereby waives the right to object to the appointment of a receiver and consents that such appointment shall be made as an admitted equity and as a matter of absolute nght to the Mortgagee. 14. The abstract(s) of title covering the Property shall at all times during the term of this mortgage remain in Qossession of the Mortgagee and in the event of foreclosure or other transfer of tttk to the Property, all right, title and interest of the Mortgagor to and to the abstract(s) shall pass to the purchaser or grantee. I S. 1[ any installment of principal and interest is not paid to the Mortgagee within fdtan (1 S) days after the same becomes due and payable or if each and every of the Mortgagors promises and covenants set forth in thu mortgage and/or the Note arc not fully and promptly performed. complied with and abided by, the entire sum of principal and interest secured by this mortgage shall at the option of the Mortgagee become due and payable in fuU at once as if originally stipulated to be so paid at such time notwithsta tnganything in thu mortgage or Note to the contrary. 16. If the ownership of the Property or any part thereof becomes vested in a person other than the Mortgagor, the Mortgagee may, without notice to the Mortgagor, deal with such successor(s) in interest with reference to this mortgage and the Note in the same manner as with the Mortgagor, without in any way discharging the Mortgagor s liability hereunder or upon any debt hereby secured. No sale of the Property and no forbearance on the part of the Mortgagee or extension for the payment of the debt hereby secured shall operate to release. discharge, modify, change or affect the original liability of the Mortgagor either to whole or in part. 17. The terms "Mortgagor° and "Mortgagee" wherever rued in this instrument shall include the heirs, personal representatives, successor and assigns of the respective parties; the singular number shall include the plural, the plural shall include the singular and the use of any gender shall include all genders. ig. Name(s) of Mortgagor(s): R. A. WHEELER and ADA WHEELER, his wife 19. County in Florida wherein Property is situate and description thereof: St . -Lucie -From the Southeast corner of the Northwest 1/4 of Section 28, Township 35 South, Range 39 East, run West 624 .feet to the Point of Beginning; thence run North 300 feet; thence Southwesterly 213 feet; thence South 223 feet; thence East 195.12 feet to the Point of Beginning; said land situate in St. Lucie County, 20. Rank or priority of this mortgage: Florida . Second Mortgage 4~i3368 - - 21. Original amount of Note: ~ nnr ; $1 475.00 Maturity of Note• y June 15, 1984 i fIL_U :lei F+t.~ .a 22. Date Mort a c and Note executed: Si.t11C~E C^'~yi~'.fLA. g g ROC~R POITF.~.£ October 6 , 19 79 cLE~r, clact:t~ 'r, ~ItneSSGS: f ~ ~ ~~L-C~~-~~~sG.p.^~- -(SEAL) € - STATE OF FLORIDA ) ~ COUNTY OF$t. Lucie Before me personally appeared the individual(s) above described as the Mortgagor who executed the foregoing Mortgage, well known to me, ) and who acknowledged before me that he (she, they) executed the same for the purposes therein expressed. IN WITNESS WHEREOF I have set my hand and official seal in said County and State the date upon which the mortgage was executed. ~~-!M,c!v CAF • - ?':.:r- - ~ ~ 1 - ~ ~ Notary ,State of Flo - -'4~ ~ r - - tify commission expires: _ , , _ June 30, 1983 • _ - i STATE OF FLORIDA ) )ss: ~ a COUNTY OF Before me personally appeared 8 President and Secretary ( respectively of a corporation, who acknowledged before me that they, as oificer3 of said corportation, executed the above Mortgage, affixed the corporate seal, and that the same is the act and deed of said corporation. IN WITNESS W HEREOF I have set my hand and official sal in said County sad State thedate upon which the mortgage was exceuted. t ~ ~ r , Notary Public. State of Florida !~1y commission expires: a~ox3~.8 ~acE?822