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HomeMy WebLinkAbout2482.~ (~ ~ :•rr. ~ V ~ 1 `~k ~~~ prior'to entry of a judgment enforcing this Mortgage if: (a) Bo-row6~ 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 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 lees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lenders in- terest inthe Prope-tyand 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 force and effect as it no acceleration had occurred. ZO. Asslpnment of Rents; Appointment of ReCelver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 16 hereol 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 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 appl+ed first to payment of the costs of management of the Property and collection of rents, +ncluding, but not limited to, receivers tees, premiums on receivers bonds and reasonable attorneys fees, and then to the sums secured bythis Mortgage. The receiver shall be liable to account only (or those rents actually received. 21. Future Advances. Upon request by Borrower, Lender, at Lenders option within twenty years from the date of this Mortgage, may make Future Advances to Borrower. Such Future Advances, w+th interest thereon, shall be secured bythis Mortgage when evidenced by promissory notes stating that sa+d notes are secured hereby. At no time shall the principal amount of the indebtedness secured bythis Mortgage. not including sums advanced in accordance herewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS 32 , 000.00-------------- 22. Release. Upon payment of all sums secured by this Mortgage. Lender shalt release this Mortgage without charge to Borrower. Borrower shall pay all costs o1 recordation, it any. 23. Attorney's Fees. 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 delivered +n the presence of~ ~~ i ~Ci'ifii~l (Seal- ALF ED SHEPAR -, - ~~ - - ---~ (Seal) THERESE SHEPARD (Seal) STATE OF FLORIDA. County ss MARTIN I hereby certify that on this day. before me, an ofl+cer duly authorized +n the state aforesaid and in the county aforesaid to take acknowledgements. personally appeared ALFRED SHEPARD and THERESE SHEPARD, .his wife . to rr;e known to be the personls) descr+bed +n and who executed [he foregoing +nstrument and acknowledged before me that Borrower executed the same for the purpose there+n expressed. WITNESS my hand and ofl+c+al seal +n the county and state aforesa=d th+s 9th day of De®~b~,r . t g 80 :•- .,~ ~. . `/-~~l Irl/ .~Eoitttf1lSSion expires J / ~ _ ;J ~? ; •. ;:, .' , Ifi_.~ (Space Below Th+s L+ne Reserved for Lender and Recorded - ~~ RENEGOTIABLE RATE FFMC (6/80) t~ ~.: . ~ ., X344 p~2461