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HomeMy WebLinkAbout0947 1~. AccN~ratlon; R~m~dtes. Exc^~t as provide~ in paraq?aph 17 he~eot, upo~ 0~--owe~'s br~ach of eny covenant or ayr~e~ent ot 8o«owar In this tdla~tgage. incl~ without timilation. the covenanls to pay wi ~ue any Yums secured Dy thls Mort~age ~nd ~the tax covensnt contained fn paraqrapR 18 hereof, Lender prior to accelaration •holl matl notica to 8arrower as provid~d in pa-agraph 14 hereo~ apecifyinfl: (1) the breach; (2) the aclion required to cure such breach; (3) ~ date, not le~s ~han 30 Aey~ from tns date the notice is mailed to elorrower, by which suth Dreach must be cursd; and (~1) tAat tailure to cura auc~ bresch on or belore ths date specified in the notice may resuit in accale?atlon ot the auma aecu~od by this M~rtsa9e, forecloaurs by judiclaf procsedfnp and sals oi tha Property. Tha notice shell funher (nform 8or~ower of tha riflht to ?etnstate ~ttar aCCaleratlon and the ~~ht to asssR In the foreclosure p~oceedin~ ths non-existence o~ a de!ault or any other detense of Borrower to acceieratlon and forecioeur~. If ihe breach is not cured on or betore the dete apecitied In the notics. lender at Lenders optton may doctare all of ths suma aecured by ~ this Mort~age to ba immedlately due snd payable without fu~ther demand and mey loreclose tAis Moct9age Oy judlcisl psoceedin~. Lender shall be entitled to Collect in auch proceedln~ atl expenses of to~eclosure. InCludinQ. but not Ilmltsd to. reasonabls attorney's 1ees. and cos's ot documentary evidencs, abstracts and titts teports. In addition to afl othe~ rights ol the lende~ he~eunder, it the Lender or Servicer at any time discovers thst 8otrowe?'s covena~ts herein and 8orrower's attidavit executed In connection w(th obtainln$ financing of the Property hereunde~ Contains a misstatement or omits to state a fact repuested to b8 stat~d thereln and such misstatement or omissfon is as to a mattet which causes tne Note and this Mortgage to not be efigible tor tax-exempt financfnfl by the Flo~+da Housin~ Flnanca Agency. lender ahell have the option ai either increasing th~ Note interest rate to the ccnve~tionat mongage (nterest rate then pcevailing f~ ths County in which the Property is located, or accelerating lhe Indebtedness sacured by this Mortgage es pro~ided above in this pera~~aph 19. Any such increase in interest rate shat~ De etiect~ve as ot the first day ot the catendar monlh after ths Lender gives notic~ of 6orrower's misstatement or om+ssion; provided, however, that i1 such notice is given less than ten (10) days prior to the li~st day ol such mo~th, such increase shall be elfective as of the first day of the next succeeding calendar month. Z0. Bonow~rs Rlyht ta Relnatat~. Notwithstanding lender's acceleration ol the sums securt+d by this Monga~e, 8~rrower shall n~ve the ripht to have any proceedin9s begun by lender to entorce this Mortgage discontinued at any tlme prior to entry of a judgment entorcing this Mortgage if :(a) Borrower pays lender atl sums which wOUld be then d~e under this Mortgage and the Note. had no acceleration occu~red; (D) BorrowerCUres all breaches of anyolherconvenants o~ agreementsof 8o~~owe~co~tained inthis Mortgage; (c) 8orrower pays all reasonable ezpenses incurred by lender in enforcing the covenants and egreements oi Borrower contained in this klorigage and in entorCing lender's remedies as provided in paragraph 19 here~t. lncluding, but not lim+ted to, reasonable attorney's feas; and (d) Borrower takes such action as Le~der may reasoaably reQuire to assure that the lien of this Mortgage. Lender's interest in the Property and 9c~rrowers obligation to pay the sums secured by this Mortga~e shatl continue unimpaired. Upon auch payment and cure Dy BorrOwer. this Mongage and the obligations seCUred hereby sh811.-em~i~e in tull torce andaftect as if no acceteration t~ad occurred. 21. Asslpnment of R~nb; Appolntm~nt of R~celver. As additional security hereunder, Bor~ower hereby ess+gns to Lende~ the rents ot the Property. provided that 8orrowe~ shall, ptior to acceleration under paragrepA 19 hereot or abandonment ol the Property, have the right to collect and retain such rents as they become due end payable. Upon acceleration under parag~aph 19 Aereof or abandonment ot the Propeny, l.endet shatl be en1i11ed to Aave a receiver appointed by a court to enter uRan, take possession ot and manage the Property and to colleCt the rents of the Ptoperty.lncludtng those past due. Atl rents collected by the receiver shatl be apptied ti~st to payment of the costs of management of t~a Property and ' cotlection o1 re~ts, including, but not timited to, receiver's fees, premiums on receiver's ~onds end reasoneble attomey's tees, and then to the sums secured by this Mortgage. The receive~ shall be lieble to accou~t only tor these fents ect~ally received. Nothing in this paragraph shall be construed to permit the ?enting of the Property in violation o1 Section 103A of lhe Code. as amended. 22. R~teast. Upon payment ol all sums secured by this Mortgage, Lender shall re~ease this Mortgage without charge to Bor~ower. 23. Attomey's Fees. As used !n this Mortgage and fn the Note. "attor~ey fees" shall irclude attorney's tees. if any, whiCh may be awarde4 by an appeNnte court. iT WITNESS WHEREOF. Borrower has executed this Mongage. Signed, seaied and defivared in the presenCe of' ~frsr ~ ~?,tc,~?toC~, ~L ' X` ~ '~h~ ~ Zsea~) ~ PALLAVE' BHATT i J ~ . _ (Seal) ~ - I ~ ~ ~ STATE OF ~~L) ) ss.: ~ COUNTY OF ~ ~ ~ 1 ' • . k 1 hereby cert~~y that on this day, betore me, an otticer duly authorizeti in the state sioresaid and ir~ the county aforesaid to take acknow~edgements, personally sppeared P. V. BNATT, d/k/a PALLAYE' BHATT ~ _ . , to me known to be the person(s) described in and who executed the loregoing 1~stryment and ecknowledged before me that She executad the same tor the purpose therein expressed. , ' % ~ ` 1i1I1T~lES~ my hand and ofticial seal in the ty 8nd state f resaid this ' ~ 1~ dey of ' " ' ~ {~'t` C~ ' 19 ~ ~ ~ f ~ " - . - My. Cbmmission expir~: ~ ~B. - , . , s , i; j r ; r,. r~~~ a~ f ~ ~lotary Public o x ~~~(Seat~. ~ . ~ AT'!~~ ~ , } j , ST ~~r~cAdA~ ~ , ; ~ _ (Space Beiow Thls ll~e Reserved For l.ander snd Recorder) ~ r F i E ~ ~ ,r'x~'t~~ ~l~~ 9~~ JL~J•l ~ . ' . ~t _ _ _ . - - ~