Loading...
HomeMy WebLinkAbout1954 poor to entry of a judgment enforcing this Mortgage if: (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 agreements of Borrower contained in this Mortgage; (ca Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lenders remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorneys fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lenders in- terest inthe Property and Borrowers 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. Asslgnmant of Rants; Appolntmant of Resolver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereol 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 appainied by a court to ettier upszn, cake possessicsrti of and manage the Property and to callrct 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, receivers fees, premiums on receivers t~onds and reasonable attorneys fees, and then to the sums secured by this Mortgage. The receiver shat l be liable to account only for those rents actually received. 21. Future Advances. Upon request by Borrower, Lender, at Lenders option 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 bythis Mortgage, not including sums advanced in accordance herewith to protect the security of this Mortgage, exceed the original amount of the Note plus US$ NONE--------~------- 22. RNNSa. 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. Attomay's FNS. As used in this Mortgage and in the Note, "attorneys fees" shall include attorneys tees, if any, which may be awarded by an appellate court IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the presence of: L. HN T. SMITH ~J - ~ ~ \ 1' ~ ~ (Seal) \1 SUZAN M. SMITH ISeab i ISeah ''i I - I STATE OF FLORIDA. County ss: MAkT I Tit 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 -.JOHN T. SMITH ANL} SUZANNE M. SMITH. HIS WIFE 6 e i . to me known to be the persoMs) described in and who executed the foregoing instrument and acknowledged before me that Borrower executed the same for the purpose therein expressed. WITNESS my hand and official seal in the county and state aforesaid this :30TFt day of ocTV~E~ . , 9 ~v My f?orr~misSiRn expires: - Q/~n,.l~~ ~ . ` ~ ~ , _ (sea9 ota Pubbc O/ - a iT .D/.{ • r 19~ (Space Below This Line Reserved for Lender and Recorder? A-3096 6/79 wo