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HomeMy WebLinkAbout0939 22. MiscellaneouB. In the event that any of the covenants, agreements, terms or provisions contained in the Note, this Mort- gage or any other iristrument securing the Note shall be invalid, illegal or unenforceable in r~ny respect~ the. validity of the remaining covenants, agreements, ternas or provisions contained herein and in the Note and any other instrument securing the Note shall be in no way affected, prejudiced or disturbed thereby. 23. Attorney`s Fees. The term "attorney's fees" as used in this Mortgage includes any and all legal fees of whatever nature including, but not limited to, fees resulting from any appeal of an interlocutory order or final judgment or any other appellate f proceedings arising out of any litigation. Further, such term ~ shall not be limited to fees incurred by Mortgagee in the enforcement of rights under this Mortgage. ~ 24. Cost of Recording Satisfaction. Mortgagor shall pay the E cost of releas ng or satisfying this Mortgage of record. # : 25. Changes to Mortgage. All changes, alterations, dele- tions or additions to t~substance of any paragraph in this ; Mortgage which have been agreed to between Mortgagor and Mort- gagee have been initialed by Mortgagor as additional proof of Mortgagor's consent. 26. Legal Interest Rate. Al1 agreements, including this Mortgage, etween t e Mortgagor and the Mortgagee are expressly limited so that under no contingency or event whatsoever shall . the amount paid or agreed to be paid to the Mortgagee hereof for the use, forebearance or detention of the money advanced, or to be advanced hereunder, exceed the lawful highest rate permissible under the prevailing law. If fulf illment of any provision here- f of, or the Note secured hereby, or any other agreement referred to herein or pertaining hereto, at the time performance of such provisions shall be due, shall involve transcending the limit of validity prescribed by statute or which a court of competent jurisdiction may deem applicable hereto, then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity, and if f rom any eircumstances the Mortgagee or the holder of the Note secured hereby shall ever receive as interest an amount which would exceed the highest-lawful rate, such amount which would otherwise be excessive interest shall be applied to the reduction of the unpaid principal balance due under the Note ; secured hereby and not to the payment of interest. This provi- sion shall control every other provision of all agreements between the Mortgagor and the Mortgagee with respect to the pay- ; ment of interest or other charge for the use, forebearance or ~ detention of money advanced or to be advanced hereunder. ~ IN WITNESS WHEREOF, Mortgagor has executed this Mortgage and , Security Agreeme nt, the-day and year first above written. ; ~ . Si ned, sealed and delivered ERSKINE FLORIDA PROPERTIES, 9 ~ in the presence of: INC., a Florida corporation t ~ ~ ~ ~ By . , ; ~ R. J S ERSKINE,.'Z' I~~~. _ ~ P e ident ~ ~ . . ~ ~ . , ; . ~ , . - ~ ~ ~ , ~ 3 i ~ ig i ~ - 9 - ~t»K 4~~ PACE ~ ~ ~ x ~ ~ x, , ~ _ s~ .