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event the Mortgagee ever receives, collects, or applies as interest any such
excess, such amount which would be excessive interest shall be applied to the
reduction of the principal amount of the indebtedness evidenced hereby, and
if the principal amount of the indebtedness evidenced hereby and aU interest
thereon is paid in full, any remaining excess shall forthwith be ~ paid to the
Mortgagor or other party lawfully entitled thereto. In determining whether or
not the interest paid or payable, under any specific contingency, exceeds the
maximum which may be lawfully charged, the parties shall, to the maximum
extent permitted under applicable law, characterize any non-principal payment
as an expense, fee or other premium rather than as interest. Any provision
hereof or of any other agreement between the .parties hereto that operates to
bind, obligate, or compel the Mortgagor to y interest in excess of such
maximum rate, shall be construed to require the payment of the maximum rate
only .
IN WITNESS WHEREOF, the said Mortgagor has hereunto set his hand
and seal the day and year first above written.
Signed, sealed and delivered in the
presence of us: f
(SEAL)
~J No Boike
~ ~z~-~~- SEAL
r~~~ _ ~ ( )
STATE OF FLORIDA
ss
COUNTY OF St. Lucie
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in the State aforesaid and in the County aforesaid to take acknowledgments,
personally appeared F. Boike to me
known to be the_ person_ described in and who executed the foregoing
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Mortgage, and acknowledged before me that ~ executed the same for the
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purposes therein expressed. .
WITNESS my hand and official seal in the County and State last aforesaid
M
this 28th day of neve~nber 19 79
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u is S e or ~ ~ Set ~ .
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r+IC~rAIt~ VINIIC SPATE Ot i1.dRIDA At t/1~
Mr COMMrSSIOnI EXIIRfS Al1G. 13 101)
K>NOED tlKU Qt~ERM INi. lJ1~DERWRIIERS
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BUUK 323 P~~E 53