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HomeMy WebLinkAbout1504 ~'l9 12. The Mortgagor has under the other provisions of this Mortgage and does hereby auign to the Mortgagee the rents o[ the Property, provided that the Mortgagor shall, prior to the acceleration of the mortgage indebtedness as elsewhere herein provtded or the abandonment of the Property, have the nght to collect and retain such rents as they become due and payable. Upon aeceleratlon under the other provisions hereof or the abandonment of the Property, the Mortgagee shall be entitled to take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected shall be applied first to the payment of the costs of management of the Property and collection of the rents including but not limited to attorney's and real estate broker's lees and then to the sum secured by this Mortgage. The Mortgagee shall be Gable to account only for those rents actuaAy received. 13. In the event stet is instituted to foreclose this mortgage the Mortgagee 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, Drofits, issues and revenues thereof from whatever soura derived sad the court shall forthwith appoint such receiver with the usual duties and powers of receivers in like cases and said appointment shall be made as a matter of strict right to the Mortgsgee and without reference to the adequacy of the value o[ the Property or the solvency of 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 dttring the term of this mortgage remain in Qosseuion of the Mortgagee and in the event of foreclosure or other transfer of title to the Property, all right, title and interest of the Mortgagor to and to the abstraM(s) shat! pass to the purchaser or grantee. 1 S. If any installment of principal and interest is not paid to the Mortgagee within fifteen (1 S) Jaya after the same becomes due and payable or J each and every of the Mortgagor's promises and covenants set forth in this 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 full at once as tf originally stipulated to be so paid at such time notwithstanding anything inthis 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 rcfercna to this mortgage and the Note in the same manner as with the Mortgagor, without in any way discharging the Mortgagor's Lability 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 in whole or in part. 17. The terms "Mortgagor" and "Mortgagee" wherever used in this instrument shall include the heirs, personal representatives, successors and assigns of the respective parties; the singular number shall include the plural, the plural shall include the singular and the ttse of any gender shall include all genders. Ig. Name(s) of Mortgagor(s): SAMUEL VILLARI and EILEEN VILLARI, his wife 19. County in Florida wherein Property is situate and description thereof: $t . Ltleie Lot 2, in Block 108, of SOUTH PORT ST. LUCIE UNIT S, a Subdivision according to the Plat thereof as recorded in Plat Book 14, at Page 12, of the Public Records of St. Lucie County, Florida. 20. Rank or priority of this mortgage: Second Mortgage 21. Original amount oI Notc: ,~t w $4,825.00 S9i:~ J:tit ~'r: ~z Maturity of Note: August 15, 1986 sr i~F~~~~~~_ 22. Date Mortgage and Note executed: ~0 E" p ~ January 2 , 1980 CIEAK CIRCUIT COURt i F~oGR'J ~`FRiFif~w_~.L~_-- ~ - I F ~ 4~~9 a - 1 l ' _ 1 - - ~ ~ i` I ~ ~ W%itnessesi - 7 r ~ ~ ~ ~ ' C~i~ ~ a~''(SEAL) ~ - L VIL I, Mortgagor ~ ~~~L ~'.t ll l=, . CC 1.[ ~Q~Jfc_.• (SEAL ~ STATE OF FLORIDA 9-- V (SEAL) COUNTY OF St. Lucie)" EILEEN VILLARI, Mortgagor 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'purpose; thyrein expressed. IN WITNESS WHEREOF I have set my hand and official seal in said County and State the date upon which [f?e •rnortgige eras executed. t 1 'C/`~ _ ~ ~Noiary Public,•Statc of Florida My corerpwion expires: L June 30, ~ 1983 zL'IG1R(J4J PlGE~4~