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HomeMy WebLinkAbout0940 i ~ j ' , f f ~ prior to entry of a judgment enforcing this Mortgage if: la) Borrower pays Lender all sums which would be then due under this Mortgage, the Note artd nota securing Future Advances, if any, had no acceleration occurred; lb) Borrower cures all breaches of any other covenants or agreements of Borrower ca~tained in this I~lortgage; (c) Borrower pa~~s all reasonable expenses incurrrd by C.ender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Cender's remedies as provided in paragraph 1 R hereof, including, but not limited to, reasonable attorn~y's fees; and (d) Borrower takes sucl~ action as l.ender may reasonably reyuire to assure that the lien of this Mortgage, Lender's interest . in the Property and Borrower's obligation to pay the sums secu~ed by this hiortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and ef~ect as if ~ no acceleration had occurred. 20. Assignmmt of Rents; Appointment of Receiver. As additional securiry hereunder, Borrower hereby assigns to j Lender the rents af the Property, provided that Borrower shall, prior tc~ acceleration under paragraph 18 hereof or abandon- ~ ment of the Property, have the ~ight to rnltect and retain such rents as they become due and payable. ~ Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possessiun of and manage the Property and to collect the rents of the ; Property, including those past due. All rents coltected hy the receiver shall be applied first to payment of the costs of . management of the Propeny and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's ` t~onds and reasonabfe attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 21. Future Advances. Upon request by Borrower, I_ender, at Lender's option within ~wenty yean from the date of this ~tortgage, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this htortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanc~~~q accordance herewith to protect the security of this Atortgage, exceed the original amount of the Note plus USS. . . . . _ . .t . . . . . . . . . . . . . . . . ' 22. Release. Upon payment of all sums secu~ed by this Nortgage, Lender shall release :his Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's fces" shall include attorney's fees, if a~y, ,I which may be awardeJ by an appellate court. IN WITNESS WHEREOF, Borrower has ex~cuted this Mortgage. Signed, sealed and delivered in the pr~sence of: / ' XJ~I ti ~ (Seal) ~ . . .~c-:~'- . . "z. . . . . . . . . . . . . 1J~~/"~ : • . . . . . . . . . . . CHARLES S . VAN ~ NOUTEN - ^ Z~-! I ' /~J i~ ~~I~ . . . . . . . . . . . . . . . . . . . . . . . . . . . .~!oC : . . . (Seal) ~ROBERTA G. VAN HOUTEN .-$orrower ST. LUCIE STATE OF FLORIDA, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .COUilty SS: Ij I hereby certify that on this day, before me, an ofticer dul ~ authorized in the state aforesaid and in the county ; aforesaid to take acknowledge ents, personally appeared...~artes S: Van Houten and Roberta G. ; Van Houten, his wi e to me known to be the pe.rson(s~ described in and who~eaecuted the , ~ foregoing instrument and acknowledged before me that. they ..,,executed the same for the purpose therein expressed. I j W~Txess my hand and ofl5cial seal in the county and state aforesaid this........ ~St .............day of August ..................19..83... i E My Commission expires: ~``l ~ ~ . . .i!`=:`:~-~~. . : .~-1- . . . . . . . . . . . . . . . . . . . . ~ NOTA?Y F!,'?'_?C STATE OF FLORifl1? Notary PubliC MYCG::,~,~I~SIi;?: E~.FIi~ES /!tR 19 1~d7 ~ - " ` ' . 3GNDED THRU GEtifRAL I;JSUR,~N~E UND " ~ ~ y:ssv ; - ( ~ ~'t ' " ~ ~ ~ i~W~ Be~~ This Li~e Reserved For Lender and RecorOer) ~ t i S E ~ 'r . sooi ~ ~~cE ~ - .~;:~,.:w• ;.`~a.~-z ' <c~., r