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HomeMy WebLinkAbout1365 • ; - ' prior to entry of a judgment enforcing this Mortgage if : l a) Borrower pays lender all sums which would l+e then due under this Mortgage, the Note and notes scouring Future Advances, if any, had no acceleration occurred: (h) Borrower cures all hr~eaches of any other covenants or agreements of Borrower contained in this Mortgage: (c) Borrower pays all reasonable expenses incurred by !.ender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing l.endt:r's remedies as provided in paragraph IR hereof, including, but not limited to, reasonabte attorney's tees: and (d) Borrower takes such action as lxnder ma}• reasonably require to assure that the lien of this Mortgage, Lender's interest in the Propert}• and Borrowers ohligation 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 force and effect as if no acceleration had occurred. ~ , 20. Assignment of Rents; Appointment of Recejver. A. additional security hereunder, Borrower hereby assigns to I Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 1R hereof or abandon- j ment of the Property, have the right to collect and reta+n such rents as they become due and payable. Upon acceleration under paragraph Ilt hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter ulx~n, 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 he applied first to payment of the costs of management of the Property and collection of reins, including, but not limited to, receiver's fees, premiums on receiver's txmds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall t+e liable to account only for th+xc rents actually received. 21. Future Advances. Upon request by Rorrowcr, I.cndcr, at Lender's option within twenty years from the date of this Mortgage, may make Future Advances to Borrower. Such Future Advana~, with interest thereon, shall he 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 USS 1~ ~ ~ 0 ~ 22. Release. Upon payment of all sums secured by this Mortgage, Lender shall release tFtis Mortgage without charge to Borrower. Borrower shall pay all rnsts of recordation, if any. 23. Attorney's Fees. As used in th+s Mortgage and m the Notc. "attorney's foci' shall +ncludc attorney's fees, if any, which may t+c awarded by an appellate court. _ IN WITNESS WHEREOF, Borrower has executed this Mortgage. Signed, scaled and delivered in the presence of: (Seal) i s cA P Pao -e«~«~~r • SANDRA G. CAPPAD -~.roM,~r (Seal) --llorrowe? (Seal) -Borrower ~s~ ~s~r• 25 2 ea I; _ (scat) Ttf;P a1+C F! COrU( ~or?wref S1.LUCIE COUY1 f.Fl A. itnGEfi POITR:.S ~ CIERK CIRCUIT COuni I~ STATE 01= FLORIDA, ST • LUC ~ E County ss: 1 hereby certify that on this day, before me, an o8icer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgement., personal! ~ apppe~ared LOUIS CAPPAOONA AND SAND~A G. CAPPADONA, HIS WIFE iu me known to lx the person(s) described in and who executed the foregoing instrument and acknowledged before me that THEY executed the same for the purpose therein expressed. . WITNESS my hand and official seal in the county and state aforesaid this 24TH day of SEPTEMBER .19 80 Mr~~~ptpA)j~sjon expires: . ~,~~11',~_ .x ~ • ~ ~ Notary Public _ u.,,~ State of F,~r~da a Large l 'r c>•.•~ W ? ~o'~°J tt~ Cem~:,;,,+cn Expires CeG. 18. )bol iN. • ~ ' +;-~af~fr4~r•1`, (Space tletow This Line Reservnder snd Recorder) '•..n,N~~•. FLORIDA DOCUMENTARY STAMPS AFFIXED Tb ORIGINAL NOTE AND CANCELLED