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1~, AccNK~Non; q~di~s. Except aa provided in para~raph 17 hereof, upon Bor~ower's breach of any covanant or aflreeme~t ~
of Bo?~ower in this Monflaye, including, without timitation, the covenants to pay when due any auma aecursd ~y this Mort~aQe and ,1~
the tax covenant contefned in pa~a~raph 18 he~eof, Le~der prior to acceleration shall mail notice to Borrowe~ as provided in j1
pe~agraph 14 hereof specifying: (1) the breach; (2) the ection required to cure such breach; (3) a dete, not less than 30 days i~om the
date the notice is mailed to 8orrowe~, by which such breach must be cured; and (4) that lailure to cure auch breach on or before the
date specitied in the notice may result in acceleration of the sums secured by this Mortgege, toreclosu~e by Judicial proceedinq and
sale of the•Property. The notice shall further inform 6orrowe~ of the ~ight to ~einstate after acceleration and the ~i~ht to assen in the
toreclosure proceedi~g the non-exiatence of a default or any othe~ detense of Borrower to acceleration and foreclosure. If the
breach is not cured on or before the date specified in the notice, Lende~ at Lenders option may'declare all of the sums secured by
this Mo?igage to be immediately due and payable without fuAher demand and may foreclose this Mongage by judicial proceedi~g.
Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, bu! not limited to, reasonab{e
attorney's fees, end costs of documentary evidence, abat~acts and title ~eports.
In addition to all other rights of the Lender hereunder, if the Lender or Senrice~ at an~r time discovers that 8orrower's covenants
herein and Borrower's aftidavit executed_ in conneCtion with obtaining finanCing oi the Property hereunder contains a
misstatement or omits to state a fact requested to be stated therein and such misstatement or omission is as to a matter which
causes the Note and this Mortgage to not be eligible for tax-exempt tinancing by the Florida Housing Finance Agency. lender shall
have the option of either increasing the Note interest rate to the conventional mortgage interest rate then prevailing in the County
~ n which the Property is located, or accelerating the indebtedness secured by this Mortgage as provided above in this paragraph 19.
Any ~such increase in interest rate shall be effective as of the first day of the calendar month after the Lender gives notice of
Borrower's misstatement or omission: provided, however, that if such notice is given less then ten (10) days prior to the tirst day of
such month, such increase shall be effective as oi the first day oi the next succeeding calendar month.
20. Bonower's Rl~ht to RNnstat~. Notwithstanding Lende~'s acceleration of the sums secured by this Mortgage. Borrower shall ,
have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a
~ udgment enforcing this Mortgage ii: (a) Borrower pays Lender all sums whichMrould be then due under this Mortgage and tt~e Note.
had no acceleration occurred; (b) Borrower cures all breaches of any other convenants or agreements of Borrowercontained in this
Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in eniorcing the covenants and agreements of Borrower
contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 19 hereof, including, but not limited to,
reasonabte attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this
Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue
u nimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force
and effect as if no acceleration had occurred.
21. Assl~nment of Renb; Appolntment of ReCelver. As additional security hereunder, Borrower hereby assigns to Lender the
rents oi the Property, provided that Borrower shall, prior to acceleration under paragraph 19 hereof or abandonment of the
Property, have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 19 hereof or abandqnment,of the Pfqperty, Lender shall be entitled to have a receiver
appointed by a court to enter upon, take possession of and manage the`Property and to coUect the rents of the Property, inc~uding
those past due. All rents collected by the receiver shall be applied first to payment of the costs oi management of the Property and
collection of rents, including, but not limited to, receiver s fees, premiums on receiver's bonds and reasonable attorney's tees, and •
then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. Nothing in ;
this paragraph shall be construed to permit the renting of the Property in violation of Section 103A ot the Code, as amended.
22. Release. Upon payment ot all sums secured by this Mortgage, Lender shall release this Mortgage without charge to '
Borrower.
23. Attomey's Fees. As used in this Mortgage and in the Note, "attorney fees" shall include attorney's fees, if any, which may be
awarded by an appellate court.
IT WITNESS WHEREOF, Borrower has executed this Mortgage_
Signed, sealed and delivered
in the presence of_
_
(Seal)
J LL
(Sea~)
D NISE A. GILLE
,
; STATE OF FLORIDA ) ~
~ COUNTY OFSt. Luci e ~ ss.:
~
i
I hereby certify that on this day, before me, an officer duly authorized in the state atoresaid and in the county aforesaid to take t
~ acknowledgements, personally appeared ~ary J. Gi 11 ette and Deni se A. Gl l l ette, hi S wl fe
~
~ , to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that they executed the same tor the purpose therein
~ expressed.
~ WITNESS my hand and ofiicial seal in the county and state aforesaid this 23rd ~~~}~~j? of
' November , is 83
a
i My Co~itiissip~ ex ires:
~~itk'•,- .+n~~Pub6c. State of florida ,\ir~ ~`V4,~.+-~
Notary Public
tg `~T - dE_ Commis:a~ Ezpires May 21, 1985
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' ` ~ (Space Below This Line Reserved For Lender and Recorder)
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