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HomeMy WebLinkAbout0925 • _ . . . . . _ . . ev~ery right, power and reniedy shall be a~nulntiv~e artid oor~current a~nd sh~+ll be in additien t~o any other right, po~wer and remedy giv+en herewxier or u~der the Not~e oc ar~y other instruraent securing th~e Note ar now ar hereaftsr existing at law, in equity, ar by statut~e. 18. Aeveiver. If an F~vent of Default shall have occurred, Mor-tgagee, to the extent permitted y~aw and without regacd bo ttye value ar occupancy of the Mortgaged Premises, shall be entitled as a matter of ri,ght if it s~ elects. t,o the appoint~roent of a receiver to ent,er upon ard take passession of the Irbrt~gaged Premises and tA oollect all rents, rev~erwes, issues, inoaae, products and profits thereof and apply the same as the Oourt may direct. Zfie Aeoeiver shall hanre all rights and powers permitted under the laws of the State of F'lorida and such other pow~ers as the Oourt making such appointment shall oonfina. The expenses including reoeiv~er's fees, attorneys' fees, vo~ts and agent's oQnpensation, incur- red pursuant tA the powers herein oontained,• shall be secured by this Mortgage. 'lt~e right to enter and taWe po~~ession of and to manage and operate the lrbrtgaged Premises, and to collect the rents, issues and prof its tttiere~f , whether by rece iver or otherwi se , shal l be cumulativ~e t,o any other right or remedy hereunder ar afforded by law, and may be exercised concurrently therewith a~ indeperx'lently thereof. lYbrbgagee shall be liable t~o account only for such rents, issues and profits actually reaeiv~ed by the Mbrtgagee. 19. Suits to Protect the Mortgaged Premises. Mortgagee shall have the pow~er and the authority o inst tute a maintain any s ts and proceedings as Mortgagee may deem advisable: • (a) ~ to prev~ent any impairnnent of the i~brtgaged Premises by any acts which may be unlawful ar in violation of this M~rtgage; (b) to p~reserv~e ar p~otect its int~erests in the M~rtgaged Premises; and (c) to restrain the enforoement of or oamplianoe with any legislation or other gov~errmental enact~ment, ruie or oc^der that may be ~oonstitutional or otherwise invalid, if the enforcement of or vompliance with such enactment, rule or order might impair the security hereunder ar be prejudicial tA [~brtgagee's interest. . 20. No Waiv~er. (a) No delay or anission of Pbrtgagee or of any holder of the Note to exercise any right, power or remedy accruing upon any ~.V~ent of Default shall exhaust or impair such ; right, poy~er or remedy or shall be oonstrued to waive any such E.Vent of Default or to ~ i constitute aoquiesoenoe therein. ~rery ri~ght, po~w~r and remedy given to Nbrtgagee _ may be , exercised fran time t~o time and as often as may be dee~ned expedient. by. Mart~gagee. ~ (b) No waiv~er of any default hereunder shall ext~end t~o or affect any subsequent ~ or any other Event of Default then existing or impair any rights, powers or remedies ~ consequent ttiereon. Ii Nbrtgagee: ~ (i) grants forbearanoe~ar an extension of time for the payment of any sums secured hereby; . (ii) takes other or additional security for the payment of sums secured hereby; . (iii) waiv~es ar does rot exercise any right granted in the Note, this Nbrtgage or any other instrunents securing the Note; ( iv) releases any part of the Mortgaged Premises fran the lien of this Mortgage ar otherwise c~~anges any of the .terms of the Note, this Mortgage or any other instruaent securing the Note; (v) oon~ents to the filing of ariy map, plat o~ declaration of aonduniniun of the Mortgaged Premises; or ~ (vi) makes ar oonsents tA any agreement changing the t,erms of this Mortgage or subordinatirg the lien or any charge hereof, no such act or anission shall release, discharge, modify, change or affect the original liability i,nder the Abte, this Nbrtgage or otherwise of Mbrtgagor ar any s~~equent purchaser of the Mortgaged Premises or any part thereof, ar-any maker, oo-maker, endorser, surety or guarantor, nor shall such act or aaission affect, disturb ar impair in any manner what9oev~er the validity and priority of the lien of this Nbrtgage for the full anount of the indebtedness raaaining ta~paid together with all other amounts due herewxier. No act or anission of Mortgagee shall preclude it fran exercising any right, po~wer ar privilege herein granted or int~ended to be granGed. - _ -8- ~ ~ ~ UR BOOK 393 PA~E 925 -