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a decree of foreclasure, the proceeds of such sate shall be applied as follows: First, to the expenses and costs incurred
hereunder, including reasonabte attorneys' fees for such services as may be necessary in the premises and for the collection
ot said indebtedness and the foreclosure of this Mortgage; second, to the payment of whatever sum or sums the Lender
may have paid o~ become liable to pay in carrying out the terms and stipulations of this Mortgage, together with interest
thereon; and finally, to the payment and satisfaction of the Note. The balance, if any, shal{, unless the Court decrees
otherwise, be paid into the registry of the Court having jurisdiction of said foreclosure suit, to abide the further order of
said Court.
31. Amounts Due. The Borrower, within six (6) days upon request in person or within ten (10) days upon request
by mail, wiil furnish a written statement duly acknowledged of the amount due on this Mortgage and whether any offsets
or defe~nses exist against the Mortgage debt.
32. Notice. Any written notice, demand or request that is required to be made hereunder or under the Note or under
any other instrument of security for the Note shall be served in person or by registered or certified mail, return receipt
requested, addressed to the party to be served at its add~ess set forth below:
Borrower: .Tames ?i. T.7harton
S}ierry I.. iJharton
22~2 6th Avenue SE
Vero Ileach, Florida 32962
Lender: Florida Federal Savings and loan Association
Attention: Income Properties; Lending Department
Fourth Street and Central Avenue
St. Petersburg, Florida 33701
The abave addresses rr~ay be changed as to the applicable party by providing the other party with notice of such address
change in the same manner provided above; provided, however, so long as Borrower is the owner of ali or any part of
the Property the address of the Bor~ower must be located within the continenta{ United States of America. In the event
that written notice, demand or request is made as provided in this paragraph 32, then in the event that such notice is
returned to the sender by the U.S. Postal System because of insufficient address or because the party has moved or
otherwjse other than for insufficient postage, such writing shall be deemed to have been received by the party to whom
it was addressed on the date that such writing was initially placed in the U.S. Postal System by the sender.
33. Seve~ability. Wherever possible, each provision of this Mortgage shall be interpreted in such manner as to be
e~fective and va{id under applicabte law, but if any provision hereof shall be prohibited or invalid under applicabie law,
such prov+sion shall be ineffective to the extent of such prohibilion or invatidity oniy, without invalidating the remainder
of such provisions or of the remaining provisions of this Mortgage.
34. Binding Effect. Whenever the context of this Mortgage so admits or requires, the terms Borrower and Lender
shall include the heirs, personal representatives, successors and/or assigns of the respective parties hereto; the use of
the singular number shall include the plural, and the plural the singular; the use of any gender shall include all genders,
and if used, the term Note or Promissory Note shall include all the Notes herein described if more than one.
35. Headings. The headings of the paragraphs contained in this Mortgage are for convenience of reference oniy
and do no1 form a part hereof and in no way modify, interpret or construe the meaning of the parties hereto.
PROVIDED ALWAYS HOWEVER, that if the Borrower shall pay unto the said Lender the moneys provided for in
G and by said Note or Notes and this Mortgage and shall wef{ and truly keep, observe and perform, comply with and abide
by each and every the stipulations, agreements, conditions and covenants thereof as and when required thereby then
j this deed and the estate hereby created shall cease and be nuil and void, othervvise the same shaN remain of binding
~ force a~d effect.
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~ IN WITNESS WHEREOF, the Borrower has executed this Mortgage or has caused the same to be executed by its
~ duly authorized representatives on the day and year first above written.
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~ Signed, sealed and delivered in the presence of:
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