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HomeMy WebLinkAbout0957 ~ ~ , k w ~ ~ , _ _ f , . Any smounts d~sbursed by lend~r pursuBM to this oO~M~ant 6, wiih interest tAer6w~ at the Maxirtxrm Rate, shall beCwne additional indebtedness ot BorrOwer a~d sha0 be secured by Ihis MatQage. Unless BorroNrer and Lsncfer agree to other lerms ot payment, such amounts sha11 tie payadk upon notice from Lende~ to 8orcower requostin~ payment thereof. Nothing contalned in this oovenant 6 shaU ~ec~uire Lender to incur any expe~e o~ Iake any action hereunde~. 7. (nsp~ctlon. lender may maks a cause to be made reasonabte entries upon and inspections of the Propeny, provided thal Lende~ shall give Bor~owat noiice prior to any such inspection spec~tying the reasona0le ~ause thereto~ related to Lender's interest in the P?operty. Cpnd~m~atio~. The procaeds ol any evrard or cialmAor dama~es. diroct or consequential. in connection with any condemnatio~ or other taking ot ths Property, or paA thereot, or of the oorxeyance in lisu of cdrxfenu~atim, ara hsreby sseipned and thall be psid to lender, subjed to !he term$ ol arry mort~pe. dead of trust a other securiry sgreemeM vriih e Nen which t?as priaity over tM; Mortgage. if any. - S. 8onoyr~ t~ot p~Nss~d: FprMannt,y !ry L~nd~ Not a WslvK Lende~ may. trom time to time. extend the lime o( payment a grant other lenlencies - with respect to the IndeWedneaa to aubsequent ownas ol ths Property without notice to a reques! from 8o?rowe?. ~?ry sucf+ extension o~ time of psymsnt or _ any other lentencies shap not release Bonower from tiability on the Ind9btedness. Lender shall not be required lo oonu~nce proceedinQs sgainet siK:h subme- quent owne?s or refuse to grant eztensions oi tims fa ptyment and other bntenciea with re"apscl to lhe Indebtednesa by reason ot anfr demand made b1? - 8orrower or stkh subsequent o~wners• My torbearance by Lendet i~ exercising any righl a remedy t?ereunder. or othe~wiae atlorded by sppNCabte law. eha11 not be a waiver ot o~ preclude the exe~cise ot any such r~ghl a remedy. 10. Suayssora sed Assipns Bamd: Joint ~d S~vKal Liabillt~?; Co-Si~rs. The covenants and agreemenis trerein oontained shaU bind. and tha - rigMs heteurMe~ shaN ~nure to, the respective suxessors and assigns of Lender and Borrower, subjecl to the provisions of covenant 15 of Ihis Matgage. AN oo~ve~ants and ayreements of Barowet shaif be joint and sever8l. Any Botrower who CasignS lhis Mottgage, bul d08s not ezeCUte the Note. (a) is co-si~ninp this Mortgage oMy t0 mort~age, ~ant and Convey tha! 8orrower S interest in the Property to Lender undar the tem~s ot lhis Mort~age. (b) is not petsonaqyy liabte on the Note or ~x~der Mis Mortyage. and (c) agrees that Lerxfer and any other Borrower hereunde~ may a~ee to exland, modiy, forbea~ a mak~e any srr~sunr~fAtim. in raeard le the ler~s of this Mortoiloe Or the NOl@ withOUl thal BotrOwerh Ca15@M and with0ul tel88s'tng Ihet 80rrOwBr Or mOd~ilyin~ this Mortgdge as to that Borrower's iMetest in the Property. • 11. Notlc~. Except tor any notice req~ared, under appticabte law to be given in another manner, (a) any notice to 8orro~wer provided lor in this NlortgaQe shaU pe given by delivering it or by maiti~g such rwtice by ceNiTied mail addressed to 8orrower at the Property Address or at such other addross as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herei~ a to such other address as Le+xler may designate by notice to Borrower as provided herein. Any notice provided tor in this Mo~tgage shall be deemed to have been ghren to 8oriower or Lender when give~ in the manner designated herein. - 12. (iovsminp Law; S~verabltity. The slate and locai laws applicable !o Ihis Mortgage shaN be the laws ot the jurisdiction in which the Property is located. The foregoiog sentence shall not limit the applicability ol Federal Lavi to this Morlgage. ln the eventlhat any provision a clause of this Mortgage or the Nole oontlicls with applicabb law. such con0ici shaq not effect otltier provisions ot this Mortgage or the Note which can be given effect withoui the conNicting prcwi- sion, and to tA~s end the provisions ol this Mortgage and the Note are declared to be severable. As used herein, "coets" "expenses" and "attorneys' (ees" inClude all sums to the extent nol prohibited by appliCable law or limited herein. 13, Borrowerl~ Copy. Bo~rower shall be given one confortned copy ol the Note and ot this Mortgage. 11. Loan Aghlrt~snts. Borrower shall fulfill atl of Botrower's obligations under the Note and under any home rehabilitalion. improvemeni, tepair or other loan agreeme~t which Borrower enters inb with Lender. Lender, at Lender's option, may ~equire Borrower to execute and detiver to Lender, in the (am accept- able to Lender, an assignmenl of arr~r rights, claims or detenses which Borrower may have against parties who suppy labor. matenals or services in connec- Gor? with improvements made to the Property. • 15. Transler of the Prope?ty. If all or any part of lhe Property or any interest in it is sold or transferred (or if a beneticial interest in Bonower is sold or transferred arxl8ortower is not a natural person) withoul Lerxler's prior written consent. Lender may, at Lender's option, require immed'iate payment in fWl ol all sums secured by this Mortgage. However, this oation sha11 not be exercised by ~ender i1 such exercise is prohibited by appticable 1aw. 16. Acceleration; Remedies. Upon Borrawe~'s breach ot any covenant or agreement in this Mortgage. including the covenants to pay whe~ due any sums seCUred by Ihis ~AortgBge. then Lender mey, in its sole discretion. detlate the entire outstanding balance seCUted by this MortgBge. together with aH iMBrest thereon accn~ed and unpaid, immed+ately due and payable in tull and may forecbse this Mortgage and exercise any and atl other righta and remedies availa- ble to Lender under this Mortgage. the Note or any Wher document ezecuted in connection therewith or in connection with any of the Indebtedness. The exercise of any such right or remedy. i~cluding torecbs~xe ol this Nbrtgage. shall not be deemed a waiver of an~r othe~ rigM a rert~eciy, al1 of which shaU be ~ cumutative a~d not exclusive or alternaGve. and all of which may be exercised cw~currenty. independenty a succes~ivehr. Lender shall be erniUed to coliecl ~ aN expenses relating to any such toteclosure proceeding, including but not limiled to. reasonable attorney.s tees. court oosts and oosts of doctnne~t8ry evi- I~ denCe.7~bstrects and title reports. ~ 17. Assl~nment ot Rents; Appotntment of Recelver. As additiond~ sec~rity hereunder, Bonower assigns to Ler~de~ the ronts ot the Property, providad that ~t` ~ Borrower shall prior to acceleration under this Mortgage a abandonment of the Property, have the right lo cause to retain such rents as they become due and F I PaYable• ~ Upon acceleration under this AAoAgage or abandonment of the Properry, Lender shall be entitled to have a receiver aMwinted by a court to enter upon, t8ke ~ possession of, and manage lhe Property and coltect the reMS of the Property including those past due. All rents collected by lhe receiver shall be applied tirst to payment of the costs ot management o( the Property and collection af rents, including, but not fimited ~ to. receiver's tees and premiums on the receiva?'s bonds and reasonable anorneys' fees, and then to the surt~s secured by this Mortgage. The receiver sha11 be ! liat+le to accounl only tor those rents adualy received. ~ 1S. Loan Chat~M. B the foan secured by this Morigage is gubject to a law which sets maximum loan charges, and that Iaw is tinally inter{xeted ao that the interest or other ban charges colbected or to be ootlected in connection with the ban exceecied the permitted limits. then: (a) any such loan cha~ge shall be - reduced by the amount r?eoessary to reduce the charge to the permitted Gmit; and (b) any sums already coGected fror: Bwrower whicb exceeded permitted limits'wiN be relunded to 8orrow~er, Len~r may choose lo make this retund by 'reducing the principal owed undsr the Note or by making a direct payment lo Borrower. If a refund reduces principal. the ra6uction arill be treated as a partial prepayment without any prepayment charge under fhe Note. 19. leyislation AHecti~ Lenderl~ Rights. If enactment a expration of appticable taws has the eNect of renAering any provision ot the Note a this MoA- gage w~en(orceable according to its temu. Lender. at its option. may require imrnediate payment in fup of all sums secured by this Mortgage and may irnoke any remedies permiried !ry paragraph 16. 20. Retasse. Upon payment o1 a!1 sums secured by this Mortgage, Lender shall release this Mortgage wittwul charge to Borrower. Borrower shall pay atl costs of recordation, it any. , 21. Attornsys' Fels. As used in this Mortgage and in the Note. "aeorneys' fees' shall inClude altanays' fees, if eny, whiCh may be awarded by an 8ppel- late couA. 22. Riders. It one or more riders are executed by Borrawer and recorded together with this Mortgage, the cavenants and agreements oi each such rider shall be incorporated into and shall amend and supplement the covenams and agreements of this Mortgage as 'rf the rider(s) were a part o( this Mortgage. (Check applicable box(es) to designate rders executed by Bo?rower): -'CondominiumRider ~PlannedUnitOevelopmentRider ~ane~s~~spec+~y) Variable Rate Rider i ~ BY SIGNING BELOW. 8orrower accepts and agrees to the terms and oovenants contained in this Mortgage and in any rider(s) ezecuted by 8orrower and , recorded with it. NOTICE TO BORROWER DO IG THIS GACE IF IT CONTAINS BLANK SPACES. ALL SPACES SHOtJlO BE COMPLETED BEFORE YOU SIGN. Signed. sea ed n the presen t: i `'r ~ (Sea~ ~ r • ~ ~ , , ~1t7'~- .t?~~ui~~i~~ G%t/ , Marie Berg : r~~ • ~t`•a-\`~•~~es~!~ q!~~~G~~I~r.`~. STATE OF FLOR A ' ~ ~ ~~~P~•~Ox ..'.,5~~4y,',. . cou~rrY oF Martin ' ~ ~ ~ ~'t i'; ? ~ ii;'`,~' 'a :0:.' ~ The foregoing inslrument was ackrwwledged betore ma lhis day af _~.~.._t~ ' . NOTARY BLIC r ~ ~ ' V' ` • _ - ~ I ~0 9 My~~~ ex~; -~:~p~ ~tia. ~~o. - - lt:,i.. , ~ ' r4=y.'~~.c":•.~ . " . _ " _ ~~Ft_~ . ! t . . ^ , ' ^ ~.s:,.,~-e'~ ~ , a - . . _ - _._`«a-'~.' ~ . ~ . - ~ . ~ - ' _ . . . . . . ~ ' f