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HomeMy WebLinkAbout0946 .6~?'??~~ ~ ~ ~ . , . ! 1• ~ , ~ (28) Futun Advanets~. I! is further covenantsd and aprse~f by tM?parties hereto that thts Mo~t9spe alao ascures tha psyinsnt ol a~d ~ Incfudes an tu~ura a tunne~ aavancss as may bs mads oy tns ~snd~~ to a~~11or ths benetit of the Bo~rower, Ite hsirs, psnonal rsprosen!- _ atlvea or aaa~na~ withln twenry(20) yesra trom ths date hereof. or within such leaae~ panod of time as may bs proWded hsrsefte~ by law sa a ; prerequlsite or tha sufficlency ot scfual ~otios or record nottce of the optbnal tuturs or additbn~l adwnces ea aQalnst ths riphta of ~ ' creditora o~ aubaequent purchasers for valuabls consideratlorL The total amount of Indebtedness secu~ed by thls Mat~aye may decrease , or incraase from time to time. but the total unpaid balance ao secured at ~ny one time ahall not exceed tha ma~cimum p~inctpel sum of ~ i 86 ~ 400.00 ~ plus interest thereon and any and all dltbursemente made tor the payment of teuces, levlea or insurence on b the property covered by the Ilen of this Monga9e wlth Interest on auch diaburoementa at the ratea specffled In the Note retened to in thla , Mon~aga Such furthe~ or tutu~e advances ahall be wholy optio~al wrih the lender and the aame shall bear Inte~eat at the same rate aa apecHied in the note refer~ed to herein, unless and untll aald intereat rate shall be modified by aubsequent aqr6ement Any auch futu~e o~ funher advances whlch may be made by the Lende~ to and for Ihe bene8t of the Borrower, fts heire~ personal repreaentath+ea or asatyna, in axordance with thia para~reph ahall be secured by this Matgaye to the seme extent as if such future or fuKher advances were made on the date of the executlon hereoi, tnespective of whether the note and Mortgage are in detault or whether the note ia past matu~ity and is due end payebie (n its entirety. ~ (29) Notic~ to Bonower. Any notice to the Borcower provided for in the note or thts Mortpage ahail be deemed given when it is depoaited in the United States mai~ postege prepaid, addreased to the Borrower at the add~ess of the Bo~rower as it eppears in Lenders ~ records pertetning to the ioan evidenced by the note at the time notice is gtven (30) ~en~ni ProvlsiOn~. (s~ Thts Mongage appltes tq inures to the benefit of~ and binds all parties hereto, their heira, leflaleea, ~ deviaees, administratora, executo~s~ successors and aaaigna (t~ The term"lender" shall mean the owner and holder(including a pledgea) ot any note secured hereby, whethet or not n~med as Lende~ herein (d Whesever the context so requi~ea, tho masculine gender tncludes the femintne and neuter, the sinyular number includes the piura~and Wce versa (c~ Captions and paragraph headings used herein are tor oonvenience only, are not a pa~t of thta agreement and shall not be uasd in construtng it (31) AdJustabl~ Rate Mort~~~e Provislons. The nate which this Mortgege secures contatns provislons wh~h permir (s~ increases and dec~eaaes to the rate of inte~est provided tn the note on a monthly basia; (b) tncreases and decreases to the monthy payment ot prin~ipal interest on a yearty basis; (c) a Iimitetion on increases and decreases to said monthly payment amoun~ artd inc~eases in the outstanding principel amount due on the loan Reference Is made to said note fora complete description of the adjustable rate terms of the , tndebtednesa secured by thia Mortqage. (32) Attem~ys F~ss. As used in this Mongage a~d in the note "attomeys fees" shall include attomeys fees throughout all appeala (33) 8scuHty A~rosment. This Mortgage shall also constitute and serve as a'Security Ag~eemenC wifhin the meaning oi and shail create a security interest under FloNda s UnHorm Commercial Code, the secured party being herein refened to as'Lender and Debtor ~ being herein refeRed to as'Bonower.' The Borrower agrees to and shall execute and deliver to the Lender suCh °Financtng Statements" ! and such funher assurances as the Lender may, from time to time, conaidar necessary to create, pe~tect and preserve the Lender's liens ~ upon all rents, insurance proceeda, condemnation awaMs, end other personal property herein desc?ibed and all addftions, substitutlons, z replacements and axessions thereto, and all prxeeds of ita or their sale or other diaposition. The Lender, at the expense of the Borrower, maycause such Financing Statementa and assurances to be recorded and rerecorded fifed and refiled, and renewed oroontinued at such times end places as may be requi~ed or permitted by law to create, perfect and preserve such Itena In the event the Borrower fails to promptly execute and ~eturn to the Lender such Financtng Statements as the Lendar may require to create, preserve and pertect its Hen, ~ the Borrower shall and does hereby designate the Lender to act as the Sorrowera agent for the sole and limited purpose of executing such ~ Finencing Statements and any such execution by the Lender pursuant to this Agreement shall be effective and binding upon the Bo~rower as though executed originaiy by the Borrower. The Borrower's designation as agent hereunder shall not be subJect to revocation until the ~ ~ote is paid in full The lender shail have all the riyhts, with respect to ail property encumbered hereby, aHorded to the Lender under the ~ Florida Unitorm Commercial Code in addition ta but not in limftatlon of, the other rights aftorded to the Lender by the Mortgage. Any after- _ acqui~ed personal property or fixtures used in connection with said property shall be encumbered by the lien of this Mortgage, and if approp~tate or desired by the Lender, new Financing Statements covering the s~me shall be executed by the Borrower and forwarded to ~ the Lender with the cost of recording same. IN WITNESS WHEREOF, BORROWER has executed this Mortgaga ~ . k , z Signed sea~ed and delivered in the presence of: ? ` ` - c~ ~.~f/1''3 G~~ (SEAL) ~ NI ThJESS ~J I ~ . ~ G i~ cs~~) WITNIESS ' SHI A. BARt~II~L LOAN N0. 791T88-3 ~i E STATE OF FLORIDA ~I ~ SS . ; COUNTY OF The foregoing instrument was acknowledged before me this day af ~ 19 . by ~ JIMMY R. BARNHIL~ AND 5HIRLEY A. BARNNILI, HIS WIFE _ ~ ~ ~ - : ~ NOTA PUBUCti StatO'.of~ ~ a~at LsrgB: . . -p.: . ~'~;r i~ ' ~'otary Publi ~ c. St~te Of Florfd~`ps+~~ . C;' . My commission expires: Ny~~-O~ ~~ission ixpi.•es April2p; .~g~q,.,~. r Sll EN Ir.ypr~Mt (q~t~~1/ k~~~ ~ 1 ~ ~ `+f-r ~-3 P Z •2~ ~ i 845~23 , s, ~ ~ ; ~ ; ~ ~ . , BooK 556 ~f 945 SFB854-2 (Rev. A- 3188) AHM 11 d N- PaM 2(FU 4 Of 4 - ~ . _ - - - .