HomeMy WebLinkAbout1547 ~.t
prior to entry of a judgment enforcing this Mortgage it: la) Borrower pays lender all sums which vi~ould be then due under
this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration cxcurred; (b) Borrower cures
all breaches of any other covenants or agreements of Burrower contained in this Mortgage: (c) Borrower pays all reasonable
expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in
enforcing Lender's resstedies :.s provided in paragraph ! 3 hereof, including, but not limited to, rcas:~nable attorney's fees; and
(d) Harrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest
in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such
payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if
no acceleration had occurred.
20. Assignment of Rents; Appointment of Receiver. As additional security herctlnder, Borrower hereby assigns to
Lender the rents of the Property, provided that Borrower shall, prior to acceleration 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 Pmperty and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's
bonds and reasonable attorney's tees, and then to the sums secured by this Mortgage. The receiver shall be liable to account
only for those rents actually received.
21. Future Advances. Upon rcyuest by Borrower, lender, at l_endet's optit?n within twenty years from the date of this
Mortgage, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this
Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal
amount of the indebtedness secured 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. 32, 25.0.00..
22. Releittse. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge
to Borrower. Borrower shall pay all costs of recordation, if any.
23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's fees" shall include attorney's fees, if any,
which may be awarded by an appellate court.
I.t WITNESS WHEREOF, Borrower has executed this Mortgage.
Signed, sealed and delivered DIVERSIFICATION DEVELOPERS OF FLORIDA, INC.
in the presence of:
.1~!~! By:.. ~1~ .(seal)
se Cappetta ident e
G.~C.I~~~~ (Seal)
Donald Cobb - Secre ~ary-Treasurer -sorr~+a
Indian River , . _ _ ...County ss:
STATE OF FLORIDA
I hereby certify that on this day, brfore me, an officer duly authorized in the state aforesaid and in the county
aforesaid to take acknowledgements, personally appeared.. JOSEPH CAPPETTA SR. and DONALD _COBB_
- • to me known to tx: the person(s) described in and who executed the
foregoing instrument and acknowledged before me that theX _ _ , ..executed the same for the purpose therein
expressed.
W)TNESS my hand and official seal in the count}~ and state aforesaid this.......27~ .............day of
August 19 79
9 ~ r~3
My Commission exp)res: /
. c~~~-'°
`~I)V ~ r Notary Public
~ : ~o° - 'r 1
• _
''I •
THIS i~"'"=' ~T i.._PP,RED BY
? ~ P.U. E.:.x 27.%!, YcRO ;,.~,'.:.ts,FlvRIDA i
~,e +t i 1C? A ii:l: '~~~'~+Z:.r3CE TRANSACTION
(Space Below This Line Reserved For Lender and Recorder)
i
464518
l~'~ 1Jou I C'3
~7l~
f flLEll chC F= CU::iu U
ST. LUCIE Cf?'.~riTY. F L.'.. ,
F<C~Er~ r CI"t h_AE
' ~~,r n,.~7 ~ l~~
' CLERK
3
's
3
3 '
y f
S
~e~aS9d
~i,to~~ ~o 'dJO7 aN! 1 ~ ~
- e~`1~319 P~~E~.544
•