HomeMy WebLinkAbout2921A. lnepection. Iknde~ may make or cpuee to be mAde reaBUnable entriee upu~ and inxpections of the property, provided that l.ender ahall
Kive E~rrower notice prio~ to any euch inapection apecifying reasonable cauae theretor relatrd to l.endei ~ intereet in the Property.
9. Condemnation. The proce~de of any a+ward or claim for damaRee, direct or coneequential, in connection with any condemnation oz
other taking of the property, or part lhereof, or for cunveyance in lieu of condemnatioo, are hereby aseigned and ehal) be paid b l.ende~.
!n the evcr.t of a~otnl tA4ing of ihe f'rope-ty, the proceeda shall be applied to the aume eecured by this Mortgage, with the exceas, if any,
pa~d to Borrower. In the eve~t ot a partial taking of the Pmperty, unleee E3~rrower and l.ender ulherwiae agree in writing, there ehall be
applied W the auma secured by thie Mortgage auch proportion of the proceede ae is equal to that proportion which the amount of the eums
aecured by this Mortgage immediately prior to the datr of taksng beare t~ the fair rnarket value of the Property immediately prior to thedate of
tnking, with the balancr of the proceede paid to Borrower.
If the Property is abnndoned by Borrower, or if, after notice by I.ender to Eiorrower that the condemnorottere to make an award or eettle a
claim fur damagee, E3orrower fails to reapund to l.ender within :i0 days afler the date such notice ie mailed, l.ender is authorized to collect and
apply the pmceeda, at l.ender'a option, either to matoration or repnir of the property or to the eume secur~ by thie Mortgage.
l!nless I.ende~ and Horrower otherwise agree in writing, any auch application of proceecle to principal shall noi extend or poetpone the due
date of the monthly inet~llments referred to in paragrapha 1 and 2 hereof or change the amount of euch inatallmente.
l0. Eiorr~w•er Not Releaeed. Extenyiun of the time for paym~nt or modification of amortization of the sums secured by this Mortgage
Kr~inteci b.r• I.ender ta any succesxc-r in interest uf Borrower shall not operate to rele~se, in any manner, the linbility of the original Borrower
~-nd Borrow•er's succes.gura in interevt. l.endrr shall not Fx~ required to commence proceadinga aKainst ~+uch succex~or or refuse tc- extend time
fur payment or uther~•ise miHlify amurtizatiun of th~• ,ums sc~c•un~d by this ~1~,rtgaKe by rraxun uf any clrmand m.ide by the oriKinai fiurr~~wer
.ind t3nm~~~•er's .:ucc.ssur~ in inter~~st.
11 Forbearance by I.ender Not e Waiver. Any fort,exrance by I.ender in exerciaing any right or remedy hereunder, or otherwise
affordcd by applicabl~ law, shnll not be n vrniver of or preciude the exercise of any such riQht or remcdy. The pr~~curement of insurance or the
paymrnt of k~zer or uther {iena ur chargex by I,endPr sh311 not be a waiver of I.ender's right ui accelerate the maturity oC the indebtrdne~s
secumd by this !Uortgnge.
1'l. Remedies Cumulative. Ali remediea provided in thia Mortgage are distinct and cumulative to any other right or remedy under thi~
:Norti-~ge or affordrd by law~ or eyuity, and may be eaerciserl rnncurrently, independently or successively.
1:~. Succeeaors and Assigne E3ound; Joint and Several Liability; Captioas. The covenantx and nQrermentx herein contained ehall
bind, and the riqhts hereunder ahall inure to, the rrspecti~•e euccesewrR and asaigr.s of l.ender nnd &,rrov~er, subject to the proviaions uf
paragraph 17 herc~L All co~~enants und aKrcements of 13ormwer ahaU be joint and several. The captions and headings of the paraKrapha of
this Mortgage are for cm•enience only and are not to t-e used to interpret or define the provieiona hereof.
1 a. Notice. Except for ~ny noticr rc~uimd under applicnble law to be Ki~~en in ~nother m~nner, ~a1 an~ notice t~- k~rrower provided for in
this 1~lortgaKr shnll be Kiven by mailing such notice by ceriified mail addressed to Borruwer at the !'roperty Addresa or at such other addreas as
Kurrower may deaiKnate by notice to [.ender as provided herein, and Ib- any nutice to I.ender shal) be given by certified mail, return receipt
rryuested, to I.ender's address stated herein or to such other s~ddreas as [.ender may drsiKnate by notice to I3orrower as pmvided herein. Any
not~ce pro~•ided for in this blortKaKe shall be dcemrd to have been given to &-rrower or I.ender when qi~en in the manner desiqnated herein_
15. UniCorm 1'lortgage; Governing Law; Severability. This form of mor[KaKecombines uniform rnvenanta for national uaeand non-
uniform covenants w•ith limited variations by~ jurisdictiun to a~nstiwtr a uniform security instrument a,verin~ real propertV. This Mortgage
ah<il) be Kovrrnrd bp the law of the jurisdictiun in which the I'roperty is Irx~ted. !n the event that any provisiun or clause of this lllortgage or
the tiute cunflictc a-ith applir.~ble law~, such conflict ~h.~ll nut affert other provisions of this 1~1urtKage or the Note whieh can be given eflect
without the cuntlictinK pro~•isiun, and to this end tht• pruvisians of the MortK.iKe and the Note are declared to be se~•erable.
16. Borrower's Copy. li~~rrower shall be furnisheci a conformed copy of the Note and of this MortgaKe at the time of execution or after
rcrordation hereof.
I i. Transfer of the Property; Aaeumption. IC all or any part uf the I'roperty or an interest therein is sold or tranaferred by Borrower
v~~thout I.ender's prinr written c~~nnent, excludinK !al the creation of a lien nr encumbrance subordinate to this MortRaQe, lb- the creation of a
purchase money security interrst for household appliancrs. (c) n transfer by de~•ise, d~tzcent or by operation of law upon the death of a joint
tenant or ld) the ,~rant of any leasehold interest of three ~ears or less not containinK an option to purchase, I.ender mny, at I.ende~ s option,
declare all the sums securea b~• this MortK:~Ke to be immediately due and payable. I.ender shall have waived auch option to accelerate if, prior
to the sale or transfer, l.ender and the peraun to w~hr~m the 1'ruperty is to be sold or transferred reach agreement in writinQ that the credit of such
persun is satisfacton• to l.ender and th:it the~ intf•rrtit p:ir:ible on thr tiums secur~~ by this :11ortKaKe shaU be at such rate as [.ender ahall
rryuest. If (.e•nder hilti K'1l1Yed thc• ~~ption tu accF•le•rc~te prnvided in thi~ paraKrS~h 1~. .~nd if Rorro~~er's succesynr in intrrest haR executed a
w•rittrn .isswnption xKreemt•nt ai~ci~pted in w~ritinK h~~ 1 xndt•r, I.ender tih.~ll release Rurruv~~er from .ill ubliKatiuna undcr this Aiortqaqe and the
~ \ote. .
If l.ender exerciscw sui•h ~~ption to :~cc-elerat~•. l.ender sh.~ll mail li~~rruwer notice of acceleration in accurdance vrith paraKraph 14 hereof.
~uch notice shall pro~•idc• a peri~~c1 ~~f nnt letis thain :i~~ dayc frum the date the notic~e ig rr.aiile~l ~•ithin w•hich RorrowPr mav pac thr sums declared
due. If fiurrow•er f.iils t~r pa~• such sum~ pri~~r t~~ tht• exp~rau~m nf such periud. I,c~ndc•r may, w•ithuut further notice or demand ~~n tSonower,
~nvoke an~• remedies permitted hc paraKraon :H hrri~~f.
, 17-A. The proceeds of the loan evidenced by the promissory note secured hereby have been
~.i,procured by Lender pursuant to Loan Agreement between HOUSING FINANCE AUTHORITY OF ST.
,~iLUCIE COUNTY, Florida, and Lender, the interest of the Housing Finance Authority of St.
~ Lucie Cpunty, Florida, in said Agreement having been assigned to FLORIDA NATIONAL BANK OF
~tIAMI, Florida, as Trustee under a trust indenture from said Housing Finance Authority of
St. Lucie County, Florida. Under the terms of said Loan Agreement which expires at such
time as all the Bonds shall have bee~ fully paid or provision made for such payment pursu-
ant to the Indenture, whichever shall be earlier, certain loan guidelines are imposed upon
Lender which must be adhered to by Lender and Borrower, 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 on file with !Pnder,
Housing Finance Authority of St. Lucie County, Florida, and Florida National Bank of Miami,
available for examination by any party durting legal business hours of each business day.
Among other things, the loan guidelines in said agreement provide as follows:
"Mortgage loans, a~ith the exception of FHA-insured or VA-guaranteed mortgage
loans, may not be assumed except by a person or family which would have been
eligible for a mortgage loan ori~inally under these guidelines for a term not
to exceed the term 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. In the event a mortgage loan is assumed, lender may not
charge or impose an assumption fee in excess of one percent of the outstanding
principal amount of the mortgage loan."
!f any part or parts of this Covenant 17-A is in conflict with any part or parts of Covenant
17, supra, the terms of this Covenant 17-A shall prevail.
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