HomeMy WebLinkAbout0966 ^ 1!. A~c~MnMo~; fNn~dNs. Except ~s provided in p~ra~raph 17 hereot. upo~ 6or~ower's b~each ot any cownant or a~~eement R•
of Bor~ower in thia Mxt~a~s. inCludiny, without limltation. the covenants to pay when due any suma sscund by this Mort;aflean~ ~
th~ tax covena~t contained in pa~ag~aph 18 hersot, lsnde? prior to aCCeleration shall mail nOtice to Bo~~ower as provided in
pars~raph 1~ he~eof spscifyin~: (1) the broach; (2) the eCtio~ ~squirod to cure auch breach; (3) ~ date, not kss then 30 days from the ,
date the notice is maiied to Bo~~ower, by which auch breach mun be cured: and (4) that failu~s to cure auch Greach on o~ beforo the
date apecified in the notice may result i~ acceteration of the suma secu~ed by this Mort~e~e, foreclosure by judicial procsedin~ and
sale of the Property. Ths notice shall funhe~ into~m 8or~ower of the ~ight to reinstate after aCCNeration and the right tp assert in ths
foreclosure p~xeedin~ the non-existence of a dofault o~ any other defense ot 8orrower to accelerdion and fotsclosure. ll the
breach is not cu~ed on or befo~e the dale specified in the ~otice, lende~ at Lender's option may declars ell of the suma aocured by
this Monflape to be immediately due a~d payable without funhe~ demand and may fo~eClose tAia Mo?t~ege by judicial proceeding.
Lende~ shall bs entitlecl to collect in such p~oceeding all expenses oi toreclosure, including, but not Iimited to. reasonable
attomey'a fees, and costs ot documentary evidence. abst~acts a~d title repons.
In addition to all other rights of the lender he~eunder, it the Lender ot Servicet at any time discovera that Borrowe~'s covenants
herein and Bor~owe~'s affidavit executed in conneCtion with obtaining financing of the Propeny hereunder Contains a ~
misstatement or,omits to state a faCt ~equested to be stated therein and such misstatement or omission is as to a matter which
causes the Not~ and this Mortgage to not be eligible for tax-exempt tinancing by the Florida Housing FinanCe Agency, lender a~all
have the option of either increasing the Note inte~est rate to the conventionat mortgage interest rate then p~evailing in the Counry
in which the Property is located, or accele~ating the indebtedness secu~ed by this Mortgage as provided above in this parag~aph 19.
Any such increase i~ interest rate shall be efiective as of the first day ot the calendar month after the Lender gives notice of
Bor~ower's misstatement or omission; provided, however, that if such notice is given less than ten (10) deys prior to the first day of
such month, such increase shall be eitective as of the tirst day oi the next succeeding calendar month. ~
~0. Bo~ow~rs Ripht to RNnstat~. Notwithstanding Lender's acceleration ot 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
judgment eniorcing this Mortgage ii: (a) Borrower pays Lender all sums which would be then due under this Mortgageand the Note.
had no acceleration occurred: (b) Bor~ower cures all breaches of any other convenants o~ agreements oi Borrowercontained in this
Mortgage; (c) Borrower pays all reasonable expenses incu~red by Lender in enforcing the covenants and agreements oi Borrower ~
contained in this Mongage and in enforcing ~ender's remedies as provided in paragraph 19 hereof. including. but not limited to. ~
reasonable attorney'a fees; and (d) Borrower takes auch 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 thia Mortgage shall continue
unimpaired. Upon such payment and cure by Borrower, this Mo~tgage and the obligations secured hereby shalt remain in tull force
and ettect as if no acceleration had oc~urred. ~
Zt. Assl~nnwnt of R~nb; Appolntn~~t of RecNwr. As additional securiry herennder. Borrower hereby assigns to Lender the t
rents of the Property. proWded that Bor~ower shall, priaM'to tcceleration under paragraph 19 hgreof or aba~donment of the '
Property. have the right to collect and retain such rents as they be~ome du~ and payable.
Upon acceleration under paragraph 19 hereof or abandonment oi the P~operty, lender shall be entitled to have a receiver
appointed by e court to enter upon, take possession of and manage the Property and to collect the rents oi the Property. including ~
those past due. All re~ts collected by the receiver shall be applied tirst to payment of the costs of management of the.Property and z
collection ot rents, including, but not Iimited to, receiver's tees. premiums on receiver's bonds and reasonable attorney's fees, and ~
ihen to the sums secured by this Mortgage. The receiver shall be liable to account only tor those rents actually received. Nothing i~ . #
this paragraph shall be const~ued to permit the renting of the Prope?ty in violation of Section 103A of the Code. as amended. {
22. Releue. Upon payment of atl sums secured by this Mortgage, Lender shall release this Mortgage without charge to ~
Bo7rower.
F
23. Attomty's Fa~s. As used in this Mortgage and in the Note, "attorney fees" shall include attorney's fees, if a~y, which may be '
awarded by an appellate court. • ~
IT WITNESS WHEREOf. Borrower has executed this Mortgage.
Sig , seated a delivered '
iry~e presence
~
R ERT P S ELTRA ~~a~~
. ~
i
(Sea1)
' TAMNY K ELTRA
i
~ STATE OF FLORIDA )
ss.:
~ COUNTY OF ~jQ,~.T Z )
i
j I hereby ce~tify ihat on this day, before m c d 1 Qn e in te f r i pd ir~- ~Qt~D~r aforesaid to take
~ acknowledgements. pe~sonally appeared ~~C"~ ~~~~~~A ~~D ~MM~ ~~~~~~A , FI~~ M 1 F e
~
; .
~ ;
~ , t~~cnown to be the person(s) described in and who executed -
the foregoing instrument and acknowledged before me that executed the same for the pu~pose therein
~ expressed. '
o WITNESS my hand and ofticial seal in the county a~d state aforesaid tfiis /.3'~ day ot '
E ~~p~t,~C~ . t 8 8y
~ T No4ry hiic. Shte d~
My Commissi~ expires: -
~ ~ ~h? ~ ~ ~ Ia. ~a~
f ; ~~`~.y~•- 6~ L~-1~ f~: i~s~~ rr Notary Public
'r.~
~ , VG~;~iQ~.' 3' " _ -
~ ` ~ ~"Q~.~~,i••`
s " s. _ :'~t•~~ R~' • '
5 t~.; (Space Below This Line Reserved For Lender and Recorder)
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