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granted the Mortqaqee, no liability shall be aaserted or
enforced againat the Mortyagee, all such liability beinq
axpressly waived and released by Mortqaqor. .
TO HAVE AND TO HOLD the Premises, properties,
riqhta and privil~qes hereby aonveyed or assiqned, or in-
tended so to be, unto Mortqaqee, its auccessors and asaigns,
forever for the-uaes and purpoaea herein set forth: Mort-
qagor hereby releases snd waives all riqhts under and by
virtue of the Homeatead Exemption Laws of the State o_'
Florida and Mortqaqor he:eby covenants that, at the time of
the enseal:ng and delivery of th~ae presents, Mortqaqor is
well se:zed of said real estate and Premisea in fee simple,
and with full leqal and equitable title to the mortqaqed
property, with qood right, full power and la~rful authority
to sell, assign, convey and mortqaqe the same, and that it
is free and ~lear of encumbrances (except those liens and
encumbrances on, and zoninq reatrictiona, oasementa, licenses,
covenanta and other reatrictiona affectinq the use of, the
premisea which do not, in Mortqaqee's sole determination,
material2y impair tha uae of tYie Premises for the purpoaes
for which the sante are held by Mortqaqor, materially lessen
the value of the Premises or materially impair Mortqaqee's
lien on the Premises) and that Mortqaqor will forever defend
the sa.-ne aqainst all lawful ~laims.
The followinq proviaions shall also constitute an
inteqral part of this Mortqaqe:
- 1. This Mortgage shall remain in full force and
effect unless and until the Liabilities secured hereby are ~
~ paid in full. ~
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2. Mortqagor hereby covenants and represents .
~ that: _
(a) Mortqagor is duly authorized to make and
~ enter into this Mortgage and to carry out the transactions
~ contemplated herein.
~ .
' (b) This Mortqage has becn duly executed and
E delivered pursuant to authority legally adequate th~refor;
~ Mortqaqor has been and is suthorized and empowered by all• -
~ necessary peraons havinq the power of direction over it to
execute and deliver said instrument; said instrument is a
. leqal, valid and binding obligation of Mortqaqor, enforce~ble
in accordance with its terms, subject, however, to bankruptcy
and other law, decisional or statutory, of qeneral application
affectinq the en~orcement of creditors' riqhts, and to the
fact that the avsilability of the -r.amedy of apecific perfor-
mance or of injunctive relief in equity is subject to the
~ discretion of the court before which any proceeding therefor
may be brouqht.
- (c) Mortqaqor ia not now in default under any
instrumeats or obiigations relatinq to the Premises and no
; party has asserted any claim of default against Mortgaqor
relatinq to the Pre~?isea.
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~ (d) The execution and performanc.e of this Mortqage
and the consummation of ttie transactions hereby contemplated
` will not result in ar.y breach of, or constitute a default
~ ~ under, any mortqage, Zease, bank loan, or credit agreement,
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