Loading...
HomeMy WebLinkAbout0959 20. That Mohyagor will not permit any other liens to b6liled against the sa~d premises and it any such liens are filed, whether paramount or subor- d~rfato to Ihis mortgage. Morigagor will have or cause to be had sa~d liens discharged immediatety. 21. Mortgagee shall have the right to cherge Mortgagorsaccount wilh Morigagee for the interest and principal payable as provided in the promissory note as such becomes due in accordance therewith. 22. II the MoAgagee requests. Mortgagor hereby covenants and agrees that Mortgagor will turnish Ihe Mo~tgegee annually from the date of the mortgage instrument, unlesa some olher date Is agreed to between Ihe parties inwriting, acerlNied audited flnancial statemenl ot the Mortgagor a~d ennual complete operating siatements ot Mortgagor. II the Morigagors liscal or celendar yea~ ahall ~ol coincide wfth the date herein specified, then (he date which rhe Mortgegee shall eoecifyahell be conlrolling. Mortgagor shatl supply Mortgageewith such othertinanclal statementd as Mortgegee maylrom time tollrRe request. 23. Il is agreed thai nothing herein conlained nor any transaction related thereto shell be consirued or so operate as to require the MOrtqegor lo pay ~nterest at a rale greater than it is now lawful in such case to contract for, or to make any payment or to do any act contrery to law: thet lf any c~auses or provisions herein contained operate or would prospectively operate to invalidate this Mortgage or sald Note in whole or In paM, then such clauses and provisions only shatl be heldlor naught, as though not herein contained, end the ~bmai~derot thls Mortgege shall remainoperaliveand infulltorce and effect. 24. If all or any part of the morlgaged property shail be damaged or taken through condemnalion (which tetm when used in thls mortgage shall In- clude any damage or taking by any governmental authority, and any transfer by private sale in lieu thereon, either temporarily or permanenty, the entire In- debtedness secured hereby shall, at the opticn of the Mortgagee, become immediately due and payable. The MoAgagee ahall be entitled to all compensation, awards, and other payments or ~elief lherefor and is hereby autho~ized al its option, to commence, appear ln and prosecute. In its own or the Mortgagots name, any action or proceading relaling to any condemnation, and to settte or compromise any claim In connecUo~ iharewith. All such compensation, awards, damages, claims, riflhts of action and proceeds and the right thereto are hereby asslgned by Ihe Mortgagor to the Mortgagee, who, after deducNng theretrom all its expenses, including altorneys tees, may release any monies so received by it without af(ecting the lien of thls mortgage or may apply the same in such manner as the Mortgagee she~l determine, to the reduction ol the sums secured hereby, and to any prepayment charge he~ein provided and any balance ot such monies then remaining shall be paid to the Mortgagor. The Morlgago~ agrees to execute such fu?ther assignments ot any compensations, awards, demages, claims, ~ights of ac2ion and proceeds as the Mortgagee may require. 25. In the event this mortgage is ]unior and in(erior to any other mortgage and/or lien on Ihe above-described real property, and this mortgage is given with (ull knowtedge of such superior mortgage andJor lien, that said superior mortgage and/or lien witl be paid by Mortgagor in accordancewilh the terms and conditions thereof without regard to any grace period as conlained therein and failure to make said payment wfll constitute an automatic ~etautt in this mort• gage and thewhole of said principal sum secured hereby shall immediatey become due and payable at the option o1 the Mortgegee.Additionalty. the detault ~n the performance of any of the terms, provisions, covenants, or agreements contained in any superior mortgage and/or lien, or the commencement of any action toforeclose any saidsuperior mortgage and/or lien, shall constitute an automatic default in this mortgage and thewholeof said princ(pal sum secured hereby shalt immediately become due and payable at the option of the Mortgagee. 26. This mortgage shall be construed as a security agreement under the Florida Unitorm Commercial Code. 27. Other provisions: S'7~U69 '88 FEB 16 A10:39 FILEC~ ~ " DOUGI~` : ST.IU~: ~ . IN WITNESS WHEREOF. the Mortgagor has executed ihese presants under seal the day and year lirsl above written. ~ ~1 ' ' ~ / ~2.(~ /i ~u~" C(~ .r/ ' . ~seaq i ^ Omer H. Dav s, Jr. Borrower 1 ~ ) ~,/~~pp { ~/1'~ _ <~C.L?~~/--- /L`J 0-~71~L' /(.~7u-[-~h~ lSeaq ~ Dolores Mendenhall Davis aorrower ~ INOIVIDUAI ACKNOWIEDGEMENT ~ STATE oF _ FLORIDA ~ ~ :ss . ' COUNn OF ST. LUCIE ~ ~ y . ~ The toregoing instrument was acknowledyed before me tnis Sth day o~ Februar , i DOLORES MENDENHALL Dp~'IS, trls ~rife~ ' t9 88 , by ~MER H. DAVIS~ JR. and - . , ~ J V ,4• 1 - ~ it1~T . ~ ` ( . . MyCommission expires: NC`~.c~ _~~~GI~~~S~'-"~I ~/'W t ~f ~ pr ~ • r > - , . . NOTARY PUBUC ~i``~ ~ ~ _ _ ~j.,.- _ CORPORATE ACKNOWLEQGEMENT , , ` STATE OF _ ) . ss couNrir oF The toregoing instrument was acknowledyed betore me this day of . 19 . by _ and _ . respectively _ President and Secretary of ~ • a corporetion, on behalf ot said corporation. My Commission expires: BOO~ 575 PA~E V~ 1 HOTARY PUBLIC 3 _ _ _ _ ~