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HomeMy WebLinkAbout1025 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. if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all rea.~onable 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 fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage. Lender's interest in the Property and Borrower's 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 force and effect as if no acceleration had occurred. 20. Aaslgaateot of Reatr, Appola~tmeat of Recdver. As additional security hereunder. Borrower hereby assigns to Lender the rents of the Property. provided that Borrower shall. prior to scceleration under paragraph 18 hereof or abandon- ment of the Property. have the right to collect and retain such rents u they become due and payable. Upon acceleration under paragraph 18 hereof 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 those past due. All rents collected by the receiver shall be applied fiat to payment of the costs of management of the Property and rnllection of rents. including. but not limited to, receiver s tees, premiums on receiver's bonds and reasonable attorney's foes. and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 21. FnttuY Advances. Upon request by Borrower. Lender. at Lender'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 in~btedness secured by this Mortgage, not including sums adv~~~ in accordance herewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS. l~`1/.H 22. Rdeaae. Upon payment of all sums secured by this Mortgages. Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all coats of recordation. if any. ' 23. Attorsey'a Fees. As used in thi: Mortgage and in the Note, "attorney's fees" shall include attorney's fees, if any, which may be awarded by an appellate court. IN WITNESS WHEREOF, Borrower has executed this Mortgage. THIS IS A 13ALI.OON ~IORTGAGE AND THE F=NAI. PAl'giTNT OR THE BALANCE DUE UPn?~ ~1.1'I't it'7'Y I~ !R 27 , 7 2 0.00 , T ();,I•.'TI•IEIt WI'I'II ACCRUED INTEREST, I F ANY, .1ND AL1. AD~'ANCCIII::NTS 11IADE I3Y Tlt;: R:Uii'i~ A~;EE UNDER THE TERMS OF Z'II[S 11I~ORTCAL:E. HARRY S . • BIRD ~ ~OfOM1f ~Gl~ .~Z~t~a~t~~~r~ ..C~l ~'~.....~...ti~ ...........(Seal) L~l~ , SYLVI F. BIRD -aOf'0'"'a' STwrs of FtoRm~, ......:'~dx't.~.n ..........................County as: I hereby certify that on this day, before me, an o>Iicer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared... #~$RX . $~~U..~I1d . SX~•VLA. k:....... . ,B~I;DI, his ,w~~, , , , , , , to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that they..... executed the same for the purpose therein expressed. G WITNESS my hand and official seal in the county and state aforesaid this ~OZ day of I ~ ..........Nauetither 19.8.0... I My Colanission expu+es: ~ . , : ~ r+ofary Public .h - . . ~ : fir: 'id.~rWf' 9'11B1}C srwh OF R>D1tIQA AT tr.Rsr$ -•.•b`~ . ~;«rs;~ {?ts?*n~ ~w?..:..y,;, $OMMER & FRASiER, P ~ ~ ATTORNEYS AT LAW i ~ , ~ r~.~ P. O. BOX 2210 - STUART. FLA. 33494 f ~ ~ ~ - (Spsw lNow This LiM RgKwd iw t.~nd~~ •nd R~toM~~ ~ i _ 4 CVO' u ~ ~ E ~ ~ 0~ : _ ° * 50g p~ 920 " r e- ~ _ :i _ _ . a _ - ,