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HomeMy WebLinkAbout2693~ ; incurred pursuant to the provisions contained in this Fourth paragraph of Article II. Fifth: DISCONTINUANCE OF PROCEEDINGS AND RESTORATION OF THE PARTIES. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage and Security Agreement by receiver, entry, foreclosure or otherwise, and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Mortgagee, then and in every such case the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding had been taken. Sixth: REMEDIES CUMULATIVE. No rights, power or remedy conferred upon or reserved to the Mortgagee by this Mortgage and Security Agreement is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall b~ cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity or by statute. ARTICLE III First: NATURE OF INSTRUMENT. This instrument is intended (i) to constitute a security agreement as required under the Uniform Commercial Code of Florida and (ii) to operate and is to be construed as a real estate mortgage creating a first mortgage lien on the premises in favor of the Mortgagee and is made under those provisions of the existing laws of the State of -16- t _~ ~ ~^-..~+~ _ ~:~2 ~'~~ss'ae~x~ 'tr5%-v . 5.+2.ue~.u ,.. . . .. . L /1~,r.~347 P«~~zs~s L~•1~• .~.~ 1 ~ i i ~ S . . ~'•A~ ~T ~'~