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HomeMy WebLinkAbout0023 AND FUTURE ADVANCES but the foul pprrincipal secured and unpaid at any time shall not exceed tM amount of tM foregoing promissory nob plus = -0- . AND MORTGAGOR COVENANTS: 1, fortgagor is M posession and seiaed of tM property M fee simple with full power and lawful right to mortgage it: tM property is free from ell liens and encumbrances not salad in this mortgage; Mongagor war rants tM title to tM property and will defend it against tM lawful daims of all persons. 2 To pay all cams required by tM noa of this mortgpe, or both. wMn dw. 3. To pay ell taxes, assessments, levies, liabilities, obligations and encumlxances now or hereafter acc?uing on the property, this mortgage or tM debt secured by it, or any of them, when due. If part or all of them an rwt paid when due, Mortgagee may pay them without waiving tIN option to foredose this mortgage or any other right. 4. To pay all costs, expenses and reasonable attorneys' fces, including appellee proceedings, incurred by Mortgagee because of a defwlt by Mortgagor under this mortgage or tM nob, or both. _ ~ To keep the improvements now or Mreafar on tM property inwred against loo by fire and other hatards in• eluded in tM terms "extended coversoe" and "other perils" in at least the amount secured by this nwrtgage with an in• carer approved by Mortgages. The pdicy sMll be held by and made payable to Mortgagee by standard New York mort• gages clwss without contribution as Mortgagee's freers,!: may appar. If any money becomes payable under tM policy, Mortgagee may apply it to tM payments Isst due on tM note or may permit Mortgagor to usi part or all of !or other purposes without waiving any right. If Mortgagor fails ~ obtain the insurance; Mortgagee may obtain and pay for it without waiving the option to foreclose this mortgage a any other right. 6. To permit, commit or wffer no wssu, impairment or deterioration of tM property or any pa?t of it. 7. If part or all of the property is taken by eminent domain, Mortgagee may receive and apply ell money p,ncl fur the taking to the payments Isst due on the note or may permit Mortgagor to use part or all of it for other purpose! with• out waiving any right. If any remaining part of the property is inadegwte security for tM unpaid balance of the note, Mortgagee may accelerate payment of the balance immediately. 8~ If Mortgagee holds another mortgage or lien on tM property, a default under tM other mortgage or lien is s default under this mortgage also and a default under this mortgage is a default under the other mortgage n? lien, If p: w ceedings to enforce another mortgage or lien on the property, whether held by Mortgagee or another, are Mgun, it is a default under this mortgage. _ 9. Mortgagee may forbear to enforce dsfwlts under this mortgage or the note, or both, or may extend tM time -for payment of any money secured by this mortgage or may uke other or additional security and may deal directly with any owner of the property in alt respects pertaining to this mortgage or the note, or both, without notice to and without discharging or affecting the liability of any person liable under this mortgage or the note, or both. - 10. The rents, profits, income, issues and revenue of the property are asspned and pledged as adrktional security to pay the debt seared by this mortgage with the right, but no duty, by Mortgagee to demand, recervs and w,ply them a~ the debt at any time after a defwlt under this mortgage. If action is instituted to foreclose or reform this mortgage or to determine the validity or priority of it, Mortgagee is entitled to appointment of a receiver as a matter of strict right w~th• out reference to the adequacy or inadequacy of the value of tM property or to the solvency or insolvency or Mortgagor. 11. If a dispute arises about the note or this mortgage, or both, in which Mortgagee incws any cat, regardless of j whether or not legal proceedings are instituted, or if a proceeding, including appellate proceedings, is maintained by a 'i person other than Mortgagee in which Mortgagee is made s party, all expenses incurred by Mortgagee to p?osecute or de• i fend the rights created by this mortgage or the noa, or both, with reasonable attorneys' fees shall bs paid. by Mortgagor. ; 12 If any money secured by this mortgage is not paid within 30 days after it is due, or if any agreement of the note or this mortgage; or both, is breached, the entire principal and any other money-secured hereby is immediately due ~ and payable without notice or demand. Time is of the essence of this mortgage. A payment made by Mortgagee under i paragraphs 3, 4, 5 or 11 bears interest at the maximum legal rate from the date of payment end is secured by this mort• gage. No waiver of or failure to enforce a detwlt or obligation under this mortgage or tM note, or both, is a waiver of a . subsequent default or of the terms of either instrument. If there is a conflict between the terms of this mortgage and the - note, the terms of this mortgage prevail. _ SL~3~ DATED on October 15, 1S 80 ;~;Q ~Q~T ~ 6 ~ Ex fed in the pr nce of• r ~~i C an? ~~~,.l,t U S1.IlJCt1 C~U!l1Y.flD~. A Q CLERK CIRCUIT CGU ~ i/ ftOGEtl POItR:.QT if . ~ - [tiarilyn H, iffin i STATE OF FLORIDA i - COUNTY OF SARASOTA f 1 HEREBY CERTIFY that on this day before ms, an officer duly suthoriud in the sue and county to uke ~ acknowledgements, personally appeared MARILYN N, GRIFFIN ~.,•r „ to me known to be the person described in and who executed the foregoing mortgage and who scknovrledgad before , ~ ' a~ that she executed it. 1, ! WITNESS my hand and official seal in the county end state on OCtOb~r 5 980 . ~ '~Y , . ~ In ~ . t 1 ~ 1 No Public ~ My commission express ~ ASK 1biARti /rJll1 C SM1E Oi I{~Ot1f>M~ ~ ~ COIMMiflilaN aft ARS<~MM .rr}~t''' 341 PAGE 2:3 1101 ad.~ 11L. fi~1W ltit~ ~ - 4 ~ ~ • ~