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HomeMy WebLinkAbout0971 prior to entry of a judgment enforcing this M~~rtgage if: i a) Rurrower pa}~ l.ender .~ii sums whi~h v?ould be then Jue unJtr this Mortgage, the Nete and notes securing Fuwre Adrances, if any, had oo :~ccekration occurred; ~b) Sorrower cures ail breaches of any other covenants o~ agreements af Borr~wer rontained in this Mortgage; (c) Borrower pays all reasonaFle expenses incurred by I.ender in enforcing the rovenants and agreements of Horrower cont,~ined in this ~lortgage and in enforcing 1_ender's remedies as provided in paragraph I8 hereof, including, but not limited to, reawnable attorney's tees; and (d) Borrawer takes such action as I_ende~ may reasanabl}~ reyuire to assure that the lien ot this Mortgage, Lender's interest in the Property and Bor;ower's obligation to pay the sums secured by this Monga~ shall cont+nus unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no accelerstion had occurred. , 20. Ascignment of Rents; Appointme~t of Receiver. As additiona! security hereunJer, Bo?rower hereby assigns tu Lender the rents of the Property, provided that Born~w~er shall, prior to acceleration under paragraph 1 R hereof or abandon- ment of the Property, have th~ right to collect and retain such rents as they become due and payable. Upon accelecation under paragraph 1 A hereof or abandonment of the Propeny, Lende~ shall be entitled to have a -receiver appointed by a coun to entsr upon, take possession of and manage the Property and to collect the rents of the Property, incfuding those past due. All rents collecteci by the receiver shall be applied first to payment of the costs of man~gement of the Property and cullection uf renu, inciuding, hut not limite~ to, recei.•et's [ees, premiums un receiver's 1 bonds and reasonable attorney's :ees, and then to the sum~ securrd ~y this Mortgage. The receiver shall be liable to account only for those rents actually recei~~ed. 21. Futurc Adraaces. Upon reyuest by Borrow•er, l.ender, at I_ender's option within twenty yearc from the date of this Mortgage, may make Future Advances to Borrower. Such Future Advances, with interc.~t thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said notes are s„-cured hereby. At no time shall t!~e principal amount of the indebtedness secured by this Mortgage, not including sums advanced in accordance he~ewith to protect the security of this Mortgage, exceed the original amount of the Note plus USS. . . . . . h~l~ . . . . . . . . . . . . • . 22. Releasr. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, i` any. 23. Attorney's Fees. As used in this Mortgage and in the Note, "attorney's fees" shall include attorney's fees, if any, which may be awarded by an appellate court. . IN WITNESS WHEREOF, Borrower has executed this vtortgage. Signed, sealed and delivered ~ in the presence of: , , ~.~Gt~L~XJ .~'.~1. . .b~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Seal) ~ Gene R. Russo -e~.ow.. i . . . . . . . . . . . . . . ~ . . ~ . . . . ~ Helera J. Russo -eo~e* St,, Luc~e . . . . . . . . . . . . . . . . . . . .County ss: ' STATE OF FLORIDA, . . . . . . . . . . . I hereby certify that on this day, before me, an officer dnly authorized in the state aforesaid and in the couniy aforesaed to take acknowledgements, personally appeared. . Gene ,R. , Russo ,ard, Helena ,J, , Russo, , , , , , , , h,is Ni fe . . . . . . . . . . . . . . . . . . . . . to me known to be ~he per:~~n(s) described in and who executed the ' the . i foregoing instrument and acknowledged before me that .......Y executed the same ~or the purpose therein , eapressed. E I W~Txess my hand and official seal in the county and state aforesaid this. . . . . . .1 St. . . . . . . . . . . .day of ~ . . . . . . . . . . . Novem6er . . . . . . . . . . . 19. . ~ ~ . My~ComMission expi / ~ . , .~otary Publit, Sie . . . . . . . . . . • { ~i~ M~~ tommiss~cn fz - te of Ror;da ~ . . . Notary Public f - Eon~ Irr.. ir~> f~qes 1~y ~f/. ~981 ' ' -!s._~~r.:~. ~n,. ~ N~ iJ~Q - - ~ C ~ ; ~~%:1~ ;5~: . ~ ~ ~ (Spste Below TAis timz Rese?ve0 For Lender and Recorder) ~ F ~ ~ a 1e ~ Y ~ { ~ F ' ~ A ~ ~ a~~K 4~? PA~ ~?i ~