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Home My WebLink About1542 ~ , • tl'HiS RUMS ^ P~~~'R~EI~~Y: ~"i~ T'RI-COU TITLE CORP. ~ 1814 JAGIi£i:.~`i ::.T.icGT P. O. BpX IU14 FORT MYERS, FLOi21DA 33902 6. MortpRae'ti RIgh1 N Make Cerlaia la the event Mortgagor taib to pay or the taxes. Liabilities. of eacvatbraaoN. or fait to keep the MortpseddP_ropaty iasurod a to deliver the policies, premiums paid. err ttWs to repaa~ Property as hereip agreed. MottsaRee may at its option pay a tsdur~e the taxes. 4abititiet, and ettcumbaaas or any part thereof. to pto~we pay far such iasurauoe of to make and pair fat such repairs. Mortgagee s1ta11 have ao oa iu part to deuratiae the vaddity a necessity of asy payment thereof and wy welt paytneat shall not waive a affect any optiaa lien agw~y a~ Mortpgee coda a by virtue of this Mattpp. the lull amount of each and every such payment shall be immediately due std payable sect shall bear iatercat from the date thereof w?til paid st the rate ofE~g~tan Peraat (1x96) per snawa, simple iaeerat. and to- gether with such interest, :!tall be secured b7 the lien of this M . Nothing 4ereio eootaioQd s11aU be coastrtted as rcgtrtriag Mortgagee to advasoe or expend monies for any of the purposes meauoaed is this paryra - , 1. Payment of Bxpeaees. Martpgot shall pa cep the costs, t:lsarges erect atpertaes, iachsdiag reasoaabk attorney's fees. disbttnemertb and cat of abstacts of title, incurred a paid at any time by Mort=yes due to the failure oa the part of Mortgyor promptly and fully to perform. comply with and abide by resell and every stipulation. agreement. coetdition and covenant of the Note and this Mottpaje. S1sch costs. charges and atperaes. sIW1 be iatatedi- atelydue and payable, whether err not there be notice. detnaad, attempt to collect or scat tai, and shall heir interest at the rate of Eigltseeo Peroesit (11)x) per annum. simple interest, until paid. AU such costs. charges erect expenses e0 irtntrred or pad. together with stklt interest, shtU be secured by the `en of this Mortpge and any other instrument securing the Note. _ g. AidNloaal Daessaeats. At all times this Mortpge is is ettetx. upon Mortgagee's roquest. Mortgyot shell estate. exeate and deliver a cause to be made. executed erect delivered to Mongya and. where appropriate. shall cruse to be recorded or Bled sad thereafffte~ to bt: re-rceordeU or refikd at such - time and is such phoes as shall tie dented desirable by Mortgya any std all such further mortgages. iustrunteots of ttuther assurartoe. anitiata and aher docvrrtents as Monpgs may cortsida necessary or desirable to order to effectuate. complete. enlarge. perfect. a to continue and preserve the obligations of Mortgagor order the Note and this Mortpge sad all other iauruntntts saunag the Note. and the lien of this Mortpge as a tint sod prior lirn upon all the Mortgaged.Property. subject nay to Permitted Lierta. Upon any faih~ t?y Martpga to do so. Mortgages may make, execute, record. file, re-raced or rctik any and aalUl sudr mortgages. iaseruments. artitkates and docvmntts for std in the aante of Mortgsgor. Mortgagor hereby irrevoca- bly appoints Mortgage sgrnt erect attorney-in-taa of Mortpgor to do all thittp accessary to effectwte or assure compliaaee wtth this paryraph. 9. Enat d Defadt. Any one of the following shall constitute as event of dcfauh: (a) Failure by Mortgyor to pay. as and when due acct payable. any iastalhaenes of pritsdpal or interest due under the Note. or any deposits (a taxes and assessrneats or insurance premiums due baeursdeti a any other scans to be paid by Mortgyor hereunder a order any other instrument sawing the Note. (b) Failure b)r Mortgsgor to duly leap. perform and observe any pother covenant. oonditioa or agreement io the Note. this Mortgage, any other instru- mrnt securing the Note or any other instrument collateral to the Note or executed is oonrtatioa with the sums sacred hereby for a period of 10 days after Mortgage gives written notice specifying the breach. (c) If either Mortpgor or say guarantor or endorser of the Noce: C) tike a voluntary petition is bankruptcy. a (ti) is adjtrdiated a bankrup or insol- vrnt; or (iii) files nay petition or answer seeking of acquiescing is nay relict tot itsdt under nay law rtlatirt~ to bankruptcy. insolvency or other relief free .;eitors. of (iv) Saks or consents to or a~uitk~a is the app3iatmeat of nay taste. re.~eiver, master or liqutdator of itself or of ali or any substantial part of the Mortgaged Property. or (v) makes say general suiiamatt for the benefit of creditan. or (vi) makes any admission is writing of its inability to pay its debts generally s: they become due; or (vie) a court t competent jurisdiction eaten as order. jttdgeo~tt or deuce approving a petitiat filed against Mortgagor or say guarantor or endorser of tbcNote. seeking any react under nay present or future fedad, state. or other statute, law or regulation relat- ing to bankruptcy. insolvency or other relief for debtor, which order. ~udptent or decree remains wtvagted and unstayed for an aggrepte of sixty (60) elan whether or not coosaudve from the date of entry thereor; or (viit) any trusts. rooeiver err liquidator of Mortpgor of au a nay wbstaatial part of the Mortgaged Property is appointed withatt the prior writtrn consatt of Mortpgee. which appointmrnt shall «maia unvaatod and uastayed fa as aggregate suty (60) days whether or not consecutive. (d) Any breach of nay warranty a material untruth of auy representation of Mortgagor contained in the Note. this Mortgage or nay other instrument seswiag the Note. 10. A~oeelaatloa. If an event of default shall have occurred. Mortpgs relay declare the outstaodiy priaapal amotent of the Note and the interest accrued thereon. erect all other awns secured hereby. to be due and payable immediately. Upon such declaration such prirtapal erect interest sad other wtru shall imatediatdy be due acct pyabk without demand or notice. 11. Remedies after DefauN. Upon an event of default, Mortgagee may proceed by suit or suits at law or in equity or by any other appropriate proonoding or remedy tos (a) enforce payment of the Note or the performance of any term hereof or any other right- (b) foreclose rhea Mortgage and to sell, as an entirety or in uparate lots or parcels, the Mortgaged Property UndertheJudgement ordecree ofacourt or courts of competent jurisdiction;(c)colkctall rents; issues; profits, revenue, income and other benefits from the Mortgaged Property, (d)appoint a rceeisrr to enter upon and uke possession of the Mortgaged Property and to ollect all rents, issues, profits, revenue, income, and other benefits thereof and apply the same as a court may direct and-such recei~Yrshall have all rights and poW ors pcrmittcd under law; and (e) pursue any other remedy available to it including, but not limited to taking possession of the Mortgaged Property without nor ice or hearing to Mortgagor. Mortgagee shall uke action either by such proceedings or by the exercise of its power with respect to entry or eking possession, ~~r both, as Mortgagee may determine. 12. No Wai.er. No delay or anissioa of Mortgage a of any holder of the Note to exercise nay right. power or remedy aoauing upon any event of do- fault shall exhaust or impair nay such right, power or remedy or shall be construed to waive nay event of defauh or to constitute aoquiesoertoe theraa. 13. Nom-Exclaslve Retae~fes. No right power or remedy conferred upon a reserved to Mortppe by the Note. this Mortgage or any other instrument securing the Note is exclusive of nay other right. power or remedy. but each and every such right, power and remedy sha0 be cumulative and cooCltrrent and shall be in addition to aey other right. power std remedy givrn hereunder or under the Note or arty other instrumntt securing the Note. now or hero after existing at law. in equity or by statutes 14. Siseeenars aN Atetgas mad. Whenever one of the parties hereto is named or referred to herein, the heirs. successors and assigns of'such party shall be ?rtcluded and all oovatartts and agreements contajacd in this Mortgye, by err oa behalf of Mortgagor err Mortgages. shall bind sad inure to the . benefiu of their respective heirs, successors and assigns, whether or not so expressed. agreetnertu, terms or provisions contained in the Note, this Mortgage or any aher irsstroment ~ 1 S. Mlscegaatos. In the went that any of the owcnanu, securing the Note shall be invalid, illegal or unrnfortxabk in any respect, the validity of the remaining covenants, agraments. terms oryrovisioas contain- eel herein erect in the Note and any other instrumrnt securing the Note shall be in ao way affected. prejudiced or disturbed thereby. ~ 16. Attortsey's Fees. The term"attorney's fees" as used in this Mortgage includes nay and cep kpl tees of whatever nature including, but not limited to. E fees resulting from any appeal of an interlocutory order or final judgment or any othah~~r~ phe~~tt~~tt ;>E,~rty Gtiptioa. 17. No Tnasfer. It a understood and agreed by Mortgagor that as part of•LItE too +i~to rnake the loan evidenced by the Note, ' Mortpgs has considered and relied on the credit worthiness and reliability of Mongyor. Mores im agrees rtot to sell. convey. transfer. lease or further encumber nay interest in a any part of the Mortggged Property srtthout the prto~r~~ ~~nntttert of ~~1qqyy~~,,~g any such sale. convey. ante, transfer. kale or encttmbrance made without Monpgs's prior writtrn oomatt sha)f be ii(li1~9t person 'should'oan ~aterest in all or any part of the Mortgyed Property punwnt to the execution or rnforcerrtent of an lice. secyriq interest 9t other yigbt. whalAe. equal or wbordin- ate to this Mortpge or the lirn hereof, such evrnt shall deemed to be a transfer by Mortt~or sad ao event of ddault ha Ig. to M . AU cha es, alterati ions or additiorwto the substance of - ~ CLages ortgge ng nay paragraph is this Mort ~ticlt have beeu yred to between Mortgagor and Mortgagee have been iniC by Mortpgor as additional proof of Mortgagor's consent. IN WITNESS WHEREOF, ortpgor ecuted this instrument the day and year above first written. SigneQ, sealed i delivered in t _ ~ _ ~ preseuoe of: . I l% (Seal) witness Signet illiam I~. Bresse ~j (Seal) witness Signattae ry Bressette (Seal) Witness Sigoattae a STATE OF FLORIDA I COUNTY OF Lee _ i.. ' . ~ The foregoing imtnrmertt was acknowledged before me this 22nd day ~ March ~ 'y S . ~ . y Vii. William R. Bressette and Mary E. Bressette ~ ~ 1 0;.., ~ My Cottttniss foe Exp>Lt es : Februar:• 12, 1983 • ' ~ , . ' .,S.Ft~ru.r~ tik`~~ ~~'.A7 i Ar:ntr. n.r.r