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HomeMy WebLinkAbout0451 t` c i t . ~ _ prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums wbich would be then due under this Mortgage, the Note and notes socuring Future Advances, if any, had no acceleration occurred; (b) Borrower cures all beaches of any other covenants or agreements of Borrower,contained in this Mortgage; (c) Borrower. pays all reasonable expenses incurred by Lender in enforcing the covenants and agrcements of Borrower contained in this Mortgage and is enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's fees; sad (d) Borrower takes such action as Leader 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 :hall continue unimpaired. Upon such payment sad cure by Borrower, this Mortgage and the obligations secured herby shall remain is full force and effect as if no aaxleration had occurred. 2f1. a of ReNq Aprotutttnart of Rt~ceivtt. As additional security hereunder. BorTOwer 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 baome due and payable. Upon accektation under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a oou~ to enter upon. take possession of sad manage the Property and to rnlkct the rents of the Property, including thane past due. All rents collected by the receiver shall be applied brat to payment of the cost: of management of the Property sad collection of rents. including, but not limited to. receiver's fees. premiums on receiver's bond: and reasonable attorney': fees. and then to the sums secured by this Mortgage. 'Ilte receiver shall be liable to account only for those rents actually received. ~ . i 21. Fntttre Advances. Upon request by Borrower. Lender. at Lender's 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 arc secured hereby. At no time shall the principal amount of the indebtednr"ss secured by this Mortgage, not including sums advanced in aecordan~~e herewith to protect the _ security of this Mortgage, exceed the original amount of the Note plus USS1b,45A.00. 22. Release. Upon payment of all sums secured by this Mortgage, Leader shall ukase this Mortgage without charge to Borrower. Borrower shall pay all coats of recordation. if any. 23. Attorney's Fees. As used in this Mortgage and in the Note. "attorney's foes" shall include attorney's foes, if say, which may be awarded by an appellate rnurt. Irt,WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered in the presence of: ~Q l/jh t^ . . ~ . (Seal) Brian P. McAuliffe • _eor,~ - . I ~ . f'~:-. Seal Sally R[ McAtliffe STATE F FLORIDA, ......Indian _ River Gbunty ss: I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the cotmty aforesaid to take acknowledgements, personally appear~ed...BBIAN. P....McAULIFFE .and. SALLY .13......... . • MCAt1I.IFFF~> .T~~~ to me known to be -the person(s) described in and who executed the foregoing instrument and acknowledged before me that.. tbeY.......executed the same for the purpose therein expressed. ~ WITtvESS my hand and official seal in the county ands afo 'd this........ 12th.. • • . • • , •~y of ' Mar~;h 19 .~0 MyCom} ! ~;'p,exptres:~ ...ti ~ . ~n? ~ ~ t ~ :Lti ~ ' _ _ , _ ~ ~ _ I:"'2l1'~'`T PREPARED tIY , ..r! ~r'.1CT n LiiE C:;RP. OF FL'D ~'DA . X .7.;:, ViR : 6EACH, FlOA1DA A iat[ ic.5UiG1;:CE TRA,VSACTION (Spate Below This line Reserved io? lender and Recorder) yy ttltR 25 ' " ~5 fF'~ 6 ~ FECttIRitE`0 ST~I~ ~TRash~ OLERB C~j ItE~i118 YERtP1f0 43'7' ~~i~b,3}~ sa~3~8 ~ X51