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SIXTH: 1Mt tM Mangagor hereby promises, oownants and press ro pay the sums of money and interest as mentioned in said promissory hots, together
with any and all other surm justly dw and owing the Association by tl?e tsrrns therein, and sea:wed ro be paid a stated therein promptly when dw. And if
defauh ahaR M made in tM payment of tM said sums of money a any part thereof w provided in the said hots a this mortgage, a if tM interest tlNt may
beeoene dw thereon a any pan thereof shall bs in dsfauN and unpaid fa a apace of thirty days, a should tM Mortgagor breach « fail ro oontply with
any other covenant a agreement on the part of tM Mortgages b bs complied with (in those cases in which Ilse option of tM Association of aaeleration is
not aherwiw exprtaly provided herein) and such breath a rtoraeompliattcs continue in existenp fa • spats of thirty days, then and hum thenceforth, at
the option of tM Atsociation and without notice ro that Matgaga, tits whole of said principal sum expressed in said note, together with all other sums thsrs•
in provided fa, atoll become imrrtediatety dw and payable, without notice to the said Mortgagor.
SiiVENTH: That in caw it should become necessary ro place this mortgage deed and tlts hots secured hereby a either of them, in the Mnds of an •attornsy y
fes cdlection, tM said Mortgagor covenants and agrees with tht Association to pay all oosn, charges and expenses of such collection, including reasonable
atrorney'• fees whetMr collected by faecloswe a otherwiw.
Elt3ffTH: That, in tM event that at tM beginning of a at any time pending any suit upon this mortgage, a ro forecbse it, a ro reform it and/or ro snfan
payment of any claims hereunder, said Association atoll apply ro the coon having jurisdiction thereof fa tits appointment of • Receives, such coon atoll
fo.rhwith appoint a Reuivp of wid mortgaged progeny all and singular, including all and singular the income, profits, issues and revenues from whatever
source derived, each and awry of which, it being expressly understood, is hereby mortgaged as if specifically ast forth and dsscribed in the granting and
habersdum dausss hereof, and such Reviver shall have all tM broad and effective functions and powers in anywise entrusted by • Court ro a Reviver, and j
ouch appointment shall be made by sutdt court as an admitted equity and • matter of absolute right to said Association, and without reference to tM ade•
quacy a inadequacy of tM wlw of the property mortgaged a ro the solvency of the Mortgagor, and/es the defendant, and such rents, profits, incomes,
issues and revenues shall be applied by suds Receiver auording ro tlts lien and/a equity of said Auociation and the practice of sueit court, and such ap-
pointment of Receiver shall be wifhart notice to stay obligor herwnder.
NINTH: The Morigpor Mreby waives all rights of homestead and exsntptian granted by the CAristitutips and laws of Florida. It is specifically agreed that
rime b of tlts essence in this comrad and that no waiver by tM Association of any obligation herwnder a of the obligation secured hereby shall at any time
thereafter be held ro be a waiver of tlts terms hereof a of tM obligation secured hereby.
TENTH: TMt if conveyance should be made by the Mortgagor of the premises herein desvibed a any part thereof, without the written convent of tlse Asso t
ciatiafl and without assumption in regulu form of law by the grantee of the obligation ro the Association created hsrwndcr, then ~ and in that event and at
the option of the Auociation end without notip ro the Mortgagor, all wins of money stewed hereby shall immediately and concurrently with such convey
ante become due and payable and in default wMther tits same errs so due and payable and in default by flit specific terms hereof snot. - ~
ELEVENTH: If forclosure proceedings of any second mortgage a second trust dead a any junior lien of any kind should be irotituted, the Association may,
err its option, immediately a thereafter datlue this mortgage and the indebtedness secured hereby dos and payable.
TWELFTH: TMt in tlts event the premises hereby mortgaged, a any part thereof, shall be condemned and taken (or public uw under the power of eminent
domitn, tM Association shall have the right to demand that alt damages awarded fa the taking of or damages to said premises shall be paid to the Associe-
rion, up ro flee amount then unpaid on this mortgpe and the daligation stewed hereby and may be applied upon the payments last payable order this
mortgage and the obligation secured hereby.
TNIRTEENTM: That installments, payable under the terms hereof and the note secured hereby, not paid when dw shall be subject ro "late charges" as prs
vided fin said note, and such "late charges° are secured by the lien hereof.
FOURTEENTH: The Mortgagee herwnder may, in its sole discretion, from time fo time during the original a any extended term hereof, at the requgt of the
Mortgagor and within and under the provision hereinafter set forth and all of the other provisions of this mortgage, advance to the Mortgages herein for any
purpOee whatsxver sums of money subsequent to the adwnce under the original note secured hereby. Upon the request of the Mortgagee the Mortgagor
shall execute and deliver a supplemental note a notes for any such sum es sums advanced by the Mortgages subsequent to the date of the original note sr
cured hereby, and during the term of this mestgage. Such note or notes shall be secured hereby on a parity with and as fully as if the advance or advances
evidenced thereby were included in the esigina) note referred supra and were made at the date of said original note, provided that the total of the remaining
unpaid principal balance of all such note: secured hereunder and hereby shall never exceed s__Thi rty_ One Thousand Five Hundred
Dollars and No/100's----------
provided further, however, that this instrument shall additionally secure, as a first lien, all other sums,
provisons, conditions, rights and obligations of every nature provided for in the original and supplemental notes and in this mortgage.
FIFTEfNTN~ W:tM,n in+nairinn th„ nhlinatinna of Aeevtna,uv rnnfa:ntef in na.anrant,a SECOND. TNIlD aevf fOUlTM Irrnaf a.+et Feu aevnlieat:en tea ?Ir rrr.
poses thereof in so far as the same shall be sufficient, Mestgages shall, in addition to the monthly payments of principal and interest as stated in the original _
note land in the note a notes secured hereby) provided to be made, pay a monthly sum in an amount equal to one-twelfth (1/12) of the estimated annual
taxes, asstssments and insurance premiums upon the real estate security, as the amount therof is determined from time to time by the Mortgagee.
SIXTEENTH: The lien of this instrument shall remain in full force end effect during any postponement or extension of time of payment of any part a all of
the indebtedness secured hereby and during the term of any future advances made hereunder.
PROVIDED ALWAYS HOWEVER, that if the Mortgagor shall pay unto said Association the moneys provided fes in and by said note or notes and this mortgage
and shall well and truly keep, observe 'and perform, comply with and abide by each and every the stipulations. agreements, conditions and covenants there-
of as and when required thereby then this Deed and the estate hereby created shall cease and be null and void, otherwise the same shall remain of binding ~
i force and effect.
IH WITNESS WHEREOF, the said Mortgagor has made, executed, sealed, a.~d delivered this mestgsge the day and year first above written.
FISHERMAN'S WHARF RESTAURANT I NC . ~apt:ct;'r<..'n.
i Signed, sealed and delivered in the presence of:
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<~l_ ~ Stuart D. llelaplaine Pres i de~F~ ' i
E - - - - - - - - (SEAL):
Sue Ann Delaplaine Secretaf7~=. - _ - , - _
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'~i.r•, ~ Cam"t
STATE OF FLORIDA ,~~ej.r'~: ;....t:NSS~~~ .
COUNTY OF
€ fittest me _ __ST1,iART D, DELAPLAINF, ~ SSE ANN_CE_ PLAIN , acts n Pres 1 dent__and________
penondly appeared - - - -
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~ _~ec~f~tary__r_es~ecti~~ely__of__Fi~bf:rman_n_~ibnrf__Restaur_ant~_J_oe..~-~_F1szrJ_ds~-~or~~rs~fiQn___-__-
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to me well known and known Io me ro be the individual a individwls describes in and who executed the foregoing instrument, who acknowledged before
me the execution of the same freely and voluntarily for the purposes therein expressed
3rd Januar 19__80___
WITNESS my Mnd and official std this-----------------------____---day of ___•--------------y___------
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RETURN TO: NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
first -Savings fi loan Association of
December 17, 1982
Okaedsobee County Okeechobee, Florida My commission expires:
' il' '~ry~,,
This Instrument Prepared By : ~ y~,;,
Sharon 0. Waldron • - .
Post Office Box 1367 ~
305 East North Park Street _s L _ ~ ;
Okeechobee, Florida 33472 ~ -
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