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HomeMy WebLinkAbout1127 1 prior to entry of a judgment enforcing this Mortgage it (a) Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (ca Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lenders remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorneys tees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lenders irr terest in the Property and Borrowers obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in lull force and effect as if no acceleratlon had occurred 20. Assl>anmont of iNnts; Appolntmont of itiocolver. As additional security hereunder, Borrower 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 become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, lender shall :,e entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receivers fees, premiums on receivers bonds and reasonable attorneys fees, and then to the sums secured by this Mortgage. The receiver shat I be liable to account only for those rents actually received. 21. Future AdYanCN. Upon request by Borrower, Lender, at Lenders option within twentyyears 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 are secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanced in accordance herewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS ----_10.000.00----~-°-~--- 22. MINS~. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, it any. 23. Attom~y'S FNS. As used in this Mortgage and in the Note, "attorneys tees" shall include attorneys fees, if any, which may be awarded by an appellate court IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and deiivered in he presence of: , ~ ~ iVG C. F CARAi~lE ~ a~~c.L..~l_,/~~~~t%(.c..G4~j~'li' (Sea9 v~ M RY F AC A E (Seal) . (Seaq 'i j STATE OF FLORIDA, County ss: MARTIN hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared ANlGELO C. FRACAPANE A~lD MARY FRACARA~IE. HIS WIFE I . to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that Borrower executed the same for the purpose therein . expressed. ~~,+w~~'~=~'~5~ my hand and official seal in the county and state aforesaid this 6TH day of ~ 1 4.: Not Pu is " 9 a 's w (Space Below This Une Reserved for Lender and Recorder) c'~ • ~ 9UOK ch)[) PAGF A-3098 6/79 € _ - _ pia - lL.,.