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HomeMy WebLinkAbout0939 r,~ , ~ ~ / . ~ 6. Taxes. In the event any tax or assessment shall be levied or assessed against t~e Lender on account of or incident to this Assignment, the 6orrower will pay said tax as soon as it is due and payable, and if the Borrowe~r shall fail to pay any such tax the Lender may pay the same and the amount paid shall be repaid by the Borrower to the Lender and shall be secured hereby and by the lien of the Mortgage and shall be imrnediately due and payable, together with interest at the highest legal rate permitted by law from time to time to be charged by Lender, from and after the date the tax was paid by the Lender. 7. Notlce to Tenants. The Lender may notity any lessee or tenant of the Property, or any part thereof, of the terms and provisions of this Assignment by mailing a oopy of this Assignment to such lessee or t~nant, or othen++rise. Recordation of this Assignment in the public records of the counry in which the Property is located shall constitut~ notice to any lessee or tenant of the terms and provisions hereof. 8. Indemniflcatlon. The Borrower will indemnify and save harmless the Lender against any and all expenses, costs and fees, including reasonable attorneys' fees, whether or not an action be brought, and including such as are incurred on appeal, which the Lender incurs or pays on account or growing out of any default, breach or failure to perform by the Borrower of any one or more of the covenants and agreements contained in either (a) this Assignment, (b) any item assigned hereby now in existence, (c) any item assigned hereby and hereafter made, or (dj the Dacuments, and such amounts incurred shall be secured hereby and by the lien of the Mortgage. 9. Detault. In the event the Borrower defaults in, breaches or faiis to pertorm any one or more of the covenants . and agreements contained in this Assignment, such shall constitute a default, breach or failure to perfo~m under the Documents. All of the rights of the Lender hereunder shall be cumulative and not in limitation of the Lender's rights under the terms of the Documents. 10. Terminatlon. This Assignment and all of its provisions shall end if and when the Lender shrill execute and record a satisfaction of the Documents in the public records of the counry in which the Property is located; otherwise the provisions hereof shaU remain in full force and effect. _ 11. Binding Effect. All of the covenants and agreements harein shall bind, and the benefits and advantages shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, grantees, suocessors and assigns. 12. Headings. The headings of the paragraphs contained in this Assignment are for convenience of reference only and do not form a part hereof and in no way modiiy, interpret or construe the meaning of the parties hereto. IN WITNESS WHEREOF, the Borrower has executed this instrument under seal the day and year first above written. Signed, sealed and delivered in the presence of: ' , _ ~ < t : ~ ~ ~ ~ ~ / _ X_ - ~ J Ja s.~ i, tdharton ~ ~ , ? ; , ~ ~ ~ ~ ; , ~ ; ` t t ~ _ _ ~ ~ r ~Z_ I / ~ • ~ , J ~ ~ Sherrv l,. jlli to~ ~ 2 P3~~9 ' . f ! FILE~~ D : - ~ :~•:r,~ ~pGEk P~.~~~ ~t;~ F - ST. LUCfE ~Ot:N' Y. ~ ` `7U4123 a r F , . _ . . . ~ . ~ ~ ~ ~ STATE OF FLORIDA = rOUNTY OF Indian River ) € i The foregoing instrument was acknowledged before me this 23rd day of APril , 1g 35, ~~Y James ?1. [Iharton and Sherry L. i7harton, his ~~ife ~ :g i~ i ~ . , C ~ / 1 ~ ~ / ~ _ ~ ' ~~AU ; ~ Notary Public ~ . _ - A~+~~[~IssW~~XpJ~~~ h:O ~ A~ { ~ _ ~ _ ' . ~i ~7"^ - . . n,t c_ . r . ' ~ B~"~~'.D'.,._ ~ i i- J3' . { 8~~k 46~3 Pa~~ ~ ~ ~E ~35 s i ~ : - G . ~ ~ _ ~ ~ ~ ~ ~ _ ~