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HomeMy WebLinkAbout0582 prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, it any, had no acceleration occurred; Ib) Borrower cures all breaches of any other covenants or agreements of Borrower,cantained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's tees: and Id) Borrower takes such action as Lender may reasonably roquire to assure that the lien of this Mortgage, Lender's interest 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 full fora and eBect as if no acceleration had occurred. 20. Assigameat of Rents; Appolaltneat of Receiver. 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 o~~the Property, have the right to collect and retain such rents as they become due and payabk. - Upon acceleration under paragraph 18 hereo[ or abandonment of the Property, lender shall be 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 thlue 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 receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. '17te receiver shall be liable to account only for these rents actually received. _ 21. Future Advances. Upon request by Borrower, lender, at tender'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 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 USS22,,SOa..00. • • • • • • • • • • • • • • • 22. Reksse. 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, if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's fees' shall include attorney's fees, if any, which may be awarded by an appellate court. - 1N WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, sealed and delivered ' in the presence of: Gary . D. Scribner -so..ow.. ~Tl?IG.~.. . ~ is it /i_.•>~. 7 k,,~ i, l_ c"_.t'_/l~ (Seal) Kerriann Scribner ~or?ow.r STATE OF FLORIDA . ............Indian •River. • _ . • • , . , , • , .County ss: 1 hereby certify that on this day, before mc, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared. GARY .D.. SCRIBNFR, and_ KERRIANN• SCRIBI!iER,, - , , , , , _ , .his. wife . • , , , , • _ , • , , , , to me known t6 be the person(s).described in and who executed the foregoing instrument and acknowledged before me that tl}ex .......~xecutcd the same for the purpose therein expressed. 12th. - WITNESS my hand and official seal in the county and state aforesaid this ........................day of ,Septetnber,,,_,.,.,.•... 19.80 ` My C'q~ti1Y- ,res: C( Cl'X ( ` ~ ~ 1 S : ZZ~Pr[sedl•"~ ~ri ii o`:~ ,r , ~ N01ary PYb1iC ' •=w ST CC. CF FICP,IDA „'.A ~ -%K"• ~T b TITLE CARP. CIVISION •!'''//y r~tG•~~~,'•~ C C_X 2:37, V~RO EEACH, FLr,RIDA !~~CiC_,IT TO A TITIE IPtSURANCE TRAN$ACTtpN (Space Below TAis Line Reserved For Lender and Recorder) E . ~ l~~0 SAP 23 ~1~ X19 • ? Ee anc F~co~+l±f 0 r tUCIE COUN1Y.FtA. nl7GER POITR~'•S l :,ititK CIRCUIT C CR 5UOS23 f i i ~ ~ . ~ ~ f~eJ~S~ ~ ' ~ epi}O13 ~°'d' ~ ~ c~~ f ~ BQ~JK ~ PAGE e~2 ~ -