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The proceeds of any award or claim for damages, direct o~ coneequential, in coonection with any eondemnation or other t~king ot the ptuperty, or part thereof, or tor conveyance in lieu of condemnatiun, are hernby asxigned and_shaU be paid to t.ender. 1~ the event of a total taking ot the Property, the pmceede ahuil be upplied to the euma secured by thie Mortgage, with the exceee, if any, paid to Borrower. !n the event of a partial taking of the Property, unless t;orrower and l.ender olherwise agree in writing, there ehall be applied to the aums eecured by lhie Mortgage auch proportion of the proceede ae ia equal to that proportiun which the amount of the aume Pecured by thia Mortgage immediately prior to the dute of t~king beare to the [air market value otthe Property immediately prior to thedete of taking, with lhe bala~cr of the pmceede paid to Borrower. !f the Property ia abandoned by Borrovver, or it, after notice by I.ender to Borrower that the condemnoroffere to make an award or settle a clnim for damngee, Rorrower faile to reapond to l.ende~ within :30 daya after the date such notice ie mailed, l,ender is authorized ta collect and app~y tne pra~eeas, at t.ender s opt~o~, e~ther to reatorat~on or rnpu~r of the property ar to the aums secure.i by thie Mortgage. lJnlesa Lxnder and E3orrower otherwise agree in writing, any auch application of proceeds to principa) ahall not extend or poatpone the duc date of the monthly installmenta referred to in pare~j{rapha 1 and 2 hereof or changr the amount of such inetallmente. 10. Borruwer NQt Relexaed. Extrnsion of the time fo~ p~ym ~nt or mcxlification of amortizntion of the sums secure~cl by this Morigage Krantc-d by l.ender to any succ~ssor in intemat of tiormwer Khall not oper~te to release, in any mAnner, the liability of the origina! Rorrower und Rorrower's succecsurs in interest. I.ender ~h.-11 not tx• requirecl to commEmce proceedinKs aKainst auch succrxsur or refuse to exte~d time fur ~r.i~•ment ~~: othern•iwe m~viily umurtizatiun uf thi• sums sc~vnYl by this ;11ortKaKc by reasun of an~ dem.+nd mnde by theoriKinal Borrower .-nd li~~rrower's succ~w+~~r< in intere~t. l 1. '!'orbeasance by i.ender Not a M'aiver. Any forbe.~ranc-r by l,ender in rxercisinQ any riKht or remedy hereunder, or othen~~se F~fforded by a~plic~ble taw•, shall not he a waiver of ur prrcludr the exerciye of any such right or remc~ciy. The prncurement of inaurance or the payment of t~ree ur other liena or charKes by Lender ahali not t-e a waiver of I.end'er'a nght k- acceterate the maturity of the indebtednee~s secumd by thia Mortgage. I'l. Remedies Cumulative. All mmedies pro~ ided in this MortKage are diatinct ~nd cumulative to any uther right or remedy under thie titortraKr or afforded by inv- or equity, and may be exercise~i cuncurrentfy, independentlv or auccexeively. l:i. Succesxore and Assi~a Bound; Joint and Se~•eral Liability; Captione. The covenants ana aRre~•ments herein contained Hhall bind, and the riKhts hereunder sh.~ll inure to, the respe~~tive succe:~rs und aet~igns of I.ender and Fiorrower, vubject to the provisiona of pairn~rcanh 17 hnm~*f. A!! rn~•Pn~nts tsn*.~ n;,••P•••+.,e•+.l~ ::E u-;.^.:~v'e~ e-;~1! !:r ~:;..^.: ::~ ~~e:~:. T!:c:sp:::i :i a:~:~ !-.cac;iriKe i;f tl-ir {iiirriKri~pha ui this Mortgage ~ire Cor coaenience unl~~ and are not to t-e u~ed to interpret or define the provisiona hereof. 14. Notici~. Exc~•pt fur a~p n~dice rr~~uirrd under applicahle I:~w to t~e ~i~~en in :~nother munner, ttU ,iny notice tu t3~~rruwer pru~•idc~cl for in thi~ MortKi~Ke shall t-e Kivrn by mailing such notice b}~ certifie{1 mail addressed to Rorrower at the 1'roperty Addre~x or at such other addres~ as ltorrovrer rnay desiKnate b~ notice to I.ender :~s provideci herein, and ~bi any notice to I.ender shall be given by certified mail, return receipt reyuested, to IAnder's addrecti stated herein or to such other addresx as [.ender m~y drsiKnate by notice to E3orrower as provided herein. Any notic~e provided for in this MortKaKe shall be dc~ mrd to have kx~~n given to fiorrower or I.ender when gi~•en in the manner designated herein. lb. Uniform 3Tortqage; Governing l.aw; 5rverability. "1'his form of mortKaKecumbines uniform awenants for natiunal useand non- uniform rnvenants w~th limiti~i ~•ariations by jurisdic.ion to cunstitute a unifo: m scrurity instrument c~~verin{~ real prop~rty. This Mortgage shall t~ Kovern~~l h}• the !aw uf the jurisdiction in which the 1'roperty is I~x•ated. In the event that any pruvision or clause nf thiR ~lortgaqe or the \ote r~,ntlicts w•ith applicab~e ixv-•, such contlict shall nnt affect other provisi~~ns of this 11urtRaKe or the tiote which can be Riven effect w•ithuut thr rnntlictinK pn~visiun, .~nd to thi~ e~d the pruvisions of the ;11nrtKaKe and the Note are de~•lared to be sever.+ble. 16. Barrower's Copy. Korrower shall be furnishecl a confc~rmed copy of the Note ~nd of this MortKaRe at the time of execution or after recordation herc~f. 17. Transfer of the Property; Axsumption. I1 all or any part of the f'roperty or an interest thrrein is sold or transferred bv Borruwer w-ithout I.endFr's prior w~ritlrn consent, excludinK ~a- the creation of a lien or encumbranre subardinate to this MortKaKe, lb1 the creation of a purchase money security interest for household t~ppliance~, Ic1 a transfer by devixe, descent or by~ operation nf law upan the death of a joint te~ani ~~r ld) the Krant uf any leasehold interrsl of three yf>ars ur Irac not containinK an option to pumhase, I.ender m~y, at I.ender's option, declare all the sums secured by this MoriK.+Ke to t-e immedi.itely due xnd payable. I.ender shall have waived surh option to accelerate if, prior tu the sale or transfer, I.ender and the persun to whom thr {'ruperty is t~ be sold or transferred reach aQreement in writing that the credit of auch prrson is satisfaeton• tu l.ender and that the intf~rt~t payable on the sums secured by this bfortKaK. shall be at such rate as [.ender shall re~~uE•st. I[ l.e•nder h.iS K';11Y1~ ~F1P nptiun tu acn~lerate pru~•idt~cl in thix par;-Kraph 1;, and if fiorrow•rr's succc~ssor in intererit has executed a w•ritten sssumptinn aKrc~ mret a~rrpted in w•ritinK b~• I a~nder, l.ender ~hall rtd~~ase Rorrower fr~~m all ubiiKatiuns under this `tortgaQe and the `ote. If Ixnder rxrrcisiw such optiun t~~ acceleratf•. Iw•nder vhall mail f~~~rruw•er noti~roF~cceleration in accordance with paraKraph 14 hereof. ~uch nuticc• shall pni~•idc•:~ prnr,ci ~~f not It•~. th.~n :i~~d.~~~s fr~~m thrdati~ thr n~~tice• is ma~led vcithin w•hich Korruw~~r mav pav thetiumsdeclared due. !f Borrow•er fails tu pay such sums pn~~r tu thc• ~•xp:r:itiun i~f tiui•h pf•ri~xl, l.E~nde~r may, w~ithuut :urthrr notice or di•mana on ES~~nower, ~n~•oke ~~ny remrdii~ permitt~Y1 b~• par.-Kraoh 1`~ ht~rruf. - 17-A. The proceeds of the loan evidenced by the promissory note secured hereby have been procured by Lender pursuant to Loan Agreement between HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, Florida, and Lender, the interest of the Housing Finance Authority of St. Lucie Co~nty, Florida, in said Agreement having been assigned to FLORIDA NATIONAL BANK QF ~IIAM:, Florida, as Trustee under a trust indenture from said Housing Finance Authority of St. Lucie County, Florida. Under the terms cf said Loan Agreement which expires at such time as all the Bonds sha11 have been fully paid or provision made for such payrz~ent pursu- ant ±o the Indenture, whichever shall be earlier, certain loan guidelines are imposed upon Lender which must be adhered to by Lender• and Borro~-rer, any default in which by Borrower shall automatically accelerate all remaining unpaid installments remaining due under the promissory note secured hereby. A copy of the Loan Agreement_ is or~file with Lender, Nousing Finance Authority of St. Lucie County, Florida, and Florida National Bank of Miami, available for examination by any party during legal business hours of each business day. Among other things, the loan guide?i~es in said agreement~provide as follows: "Mortgage loars, with the exception of FHA-insured or• VA-guaranteed ~nortgage loans, may not be assu~red except by a person or family which would have been eligible for a mortgage loan originally under these guidelines for a term not to exceed the ter~n of this agreement. The interest rate on the mortgage loan may be increased in the event of such an assumption, but only after the agree- ment has terminated. :n the event a mortgage loan is assumed, lender may not charge or iij~pose an assumption fee in excess of one percent of the outstanding .. principal amount of the mortgage loan." If any part or parts or this Covenant l/-A is in conflict with any part or parts of Covenant 17, supra, the terms of this Covenant 17-A shall prevail. ~~-~~~ 351 t~«~f 6p . . ., ~ ~ _ : ^ _ _. . _ ~s ~'< ~' ~ _ _: = : `:, _.. .3 ~. . ..._ , .~:_ ~... .. . , ~ . _ . - __.:~:..