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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
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