HomeMy WebLinkAbout0958 every riyht, pc~wer and remedy shali be cunulative and cor~c~az'ent and shall be in addition to
any other riyht, pow~r and remedy given hereunder ~ urxler the Not,~ ~ any other instrwnent
seci.riny the Note a now cr hereaft~er existing at law, in equity, ~ by statute.
18. Faeceiver. If an Event of Default shall have occurred, Mortgagee, to the extent
~ermitted by law and without regard to the value c~ occupancy of the Martyaged Premises,
shall l~e entitled as a matter of riyht if it so elects, to the appointment of a receiver to
ent~r upon and take possession of the Mcrtc~ayed Premises and tn oollect all rents, revenues,
issues, income, ~oducts and ~ofits thereof ~d apply the same as the Court may direct.
The I~eceiver shall have all rights and powers permitted under the laws of the State oE -
Flcrida and such other powers as the Court makiny such appointment shall confirm. The
exQenses including receiver's fees, attcrneys' fees, a~sts and ayent's oompensation, inci.u-
red pursuant to the powers herein oontained, shall be sec~ed by this Martgage. The riyht
to enter ar:d take possession of and to manage and operate the Mortgaged Premises, and to
collect the rents, issues and profits thereof, whether by receiver cr otherwise, shall be
cunulative to any other right cr remedy hereunder ~ affcrded by law, and may be exercised
conc~a-rently therewith ar independently thereof. Mcx'tgagee shall be liable t~o account only
for such rents, issues and jrofits actually received by the Mcrtgagee. '
19. Suits to Protect the Martgaged Premises. Mcrtgagee shall have the power and the
autharity to institute and maintain any suits ar.d proceedings as Mortyagee may deem
advisable:
(a) to prevent any impairment of the Martgaged Premises by any acts which may be
unlawful cr in violation of this M~tyage;
(b) to Freserv~ a protect its interests in the Mrr'tgaged Remises; and
(c) to restrain the enf~cement of ac compliance with any legislation cx other
,~overrunental enactment, rule ~ crder that may be unconstitutional cx otherwise invalid, if
the enfcrcement of ar compliance with such enactment, rule cx arder might impair the
n~c~ity hereunder be Exejudicial to Nbrtyayee's interest.
20. No Waiver.
(a) No delay cr amission of Martyagee ~ of any holder of the Note to exercise
ar.y riyht, pa~~er ~ remedy accruir~y ~~on any ~ent of Default shall exhaust or impair such
` _-i~ht, power ar remedy ar shall be construed to waive any such Event of Default c~ to
~ canstitut~e acquiescence therein. Every riyht, p~ow~r and remedy given to Martgagee may be
~ e xerc ised from time to time and as oft~n as may be deemed expedient by Mcr tgagee .
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(b) No waiver of any ciefault h~reunder shall ext~end tA ~ affect any subsequent
cx- any other Event of Default then existir.g vr impair any rights, powers or remedies
~~nsequent thereon. If Mcxtgagee:
~ ( i) c~ants farbearance or an exter.sion of time far the payment of any sums
~ ~ee ured hereby;
(ii) takes other ar additional security far the payment of sums s~cured
~~ereby; ,
( iii ) waives ~ does rx~t exercise ar:y riyht c~anted ir: the Note, this Mcxtyaye
any other instr~ments sec~ir.g the Note;
~ ( iv) releases any part of the Mortgaged Premises from the lien of this
~Iortyaye cr otherwise changes any of the terms of the Note, this Mortgaye cr ar.y other
instrunent secixing the Note;
4 (v) consents ta the filing of any map, plat cr declaration of c~ndomir.iun of
~ t!~e Mor t~aged Premises; cr
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~ (vi) makes cr consents to any ac~ceement char.ying the t~:rms of this Morrtyage
or subordinatir.g the lien or any charge hereof, no such act cx omission shall release,
discharge, raodify, change cx affect the criginal liability under the Note, this Martgage ~
otherwise of M~'r'tyag~ ~ any subsequent p~chaser of the Martyaged Premises or any part
~ thereof, cr any maker , co-maker , endar ser , surety ar yuarantor , nor shall such act ar ~
" omissior: affect, dist~b cr impair in any manner whatsoever the validity and Fricxit}• of the
1 ien of this Mcr tyage far the f_ull acn~unt of the indebtedness remaining unpaid t~ether wit~
all other amounts due hereunder . No act cr anission of Mor tgagee shall prec lude it from\~
exercisiny any right, pawer cr ~'ivilege herein ~ant~ed cr inter.ded t,n be yranted. ~
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