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HomeMy WebLinkAbout0521 22. Extensions~ LenleRCies, and Reieases. Lender may grant extensions of time for payment and other leniencies with respect to any indebtedness secured hereby, and may waive or fail to enforce any of Lendar's rights hereunder, and may release a portion or portions ot the Property from the lien hereof, without releasing or diminishing the obligations or liability of any person constituting Borrower, or any guarantor or endorser. 23. 5ubrogation. Lender shall be subrogated to the lien (rwtwithstanding its release of record) of any ventior, mort- gage, or other iienholder paid or discharged by the proceeds of any loan ar advance made by Lender to Bo~rower and secured hereby. 24. Release or Satisfaction. Whenever there is no outstanding obligation secured hereby and no commitment to make advances, Lender shall on written demand by Borrower give a satisfaction and release of this Mortgage, in record- able form. 25. Prohibition Against Other Liens. Bo~rower c~vvenants and ag~ees that Borrower shall not further encumber the Property with any lien, security interest, or mortgage, nor shall Borrower request or permit a future advance under any existing encumbrance without Lender's prior written consent which may be withheld for any reason whatsoever. Any fur- ther lien or encumbrance upon the Property or any future advance under any existing encumbrance without Lender's prior written consent shall constitute a default hereunder. 2& Notice of Limitation on Futuro Advances. Borrower shall not file a Notioe of LimitatiQn on Future Advances in the public records of the county where the Property is located without Lender's prior written consent which may be withheld br any reason whatsoever. 27. Hazar+dous Waste MateNals. Borrower represents and warrants ta Lender that the Property does not presently contain any hazardous wastes, hazardous substances or materials, toxic materials, or the like, as defined or designated in anv fw~orst ~t~fn nr Iti.~l I~W At DI~\qMAA?~I~fOI l~IO*~1~A ~ J .s=~ v~ v vs vs~ss~sszsi:swzsuu ~i:caaYa~~ iG~isiCaliii:i~ LA ~RtiiiiaiiiiS~ ~7i~'~i1li~ iii iiii~C3i.'[~ TTD(~ time to time, and as enacted in the future, including asbestos (collectivefy. the "hazardous or toxic materials"), nor does the P~operty constitute an environmental hazard under any local, state. or federal Iaws or regulations applicable to the Property, and, until the indebtedness secured by this Mortgage is paid in full, Bonower oovenants that Borrower shali con- tinuously keep the Property tree from all hazardous or toxic materials, and Borrower 5ha11 not make, store, use, treat, or dispose of any hazardous or toxic materials on tha Property. Borrower shall indemniiy, deiend, and save Lender harmless from and against any and all claims. demands, suits. losses. damages, assessments, fines, penalties, casts, and expenses, including tt~e costs of inspection, audit, cleanup, and detoxification, and including attomeys' fees wfiether or not suit is filed and, if suit is filed~ through ali appellate pro- ceedings, arising from or in any way relateci to personal injury or death, or to damage to property, or to a claim by any person that hazardous or toxic materials or trash, refuse. or the like, are located on or under the Pnoperty or in the surface water or ground water on or under the Property, or related to a claim by any person that the Property constitutes an en- vironmental hazard. whether the claim proves to be true or false. This indemnification shall sunrive ihe repayment of all sums secured by this Mortgage and shall cantinue for so long as Lender may incu~ liability for hazardous or toxic materials, or trash, refuse, or the like contained in or located on or about the Property. 28. No Merger of L~easehoki Interest; Mo~tgage on ~ee. If this Mortgage encumbers a leasehold, and Borrower s becomes the owner of the real property in fee simple, the gound lease shall not merge with the fee, but shall remain in ~ full force and effect, and this Mortgage shall constitute a mortgage both of the leasehotd interest and of the fee simple ~ title to the real property. ; 29. WAiVER OF JURY TRIAL. AFTER OONSULTING W{TH COUNSEL AND CAREFUL CONSIDERATION, BOR- ! FiOWER KNO~WINGLY, ViOLUNTARILY, AND INTENT'IONALLY WAIVES THE RIGHT TO A TRIAL BY JURY WITH RESPEGT ~ TO ANY LITIGATION ARiSING OUT OF THE NOTE, THIS MORTGAGE, OR OUT OF ANY COURSE OF CONDUCT. ~ COURSE OF DEALING, STATEMENTS (VERBAL OR WRITTEN), OR ACf10NS OF BORROWER OR LENDER. THIS ° WAIVER IS A MATERIAL INDUCEMENT T~0 LENDER'S ACCEPTANCE OF THIS MOR'TGAGE AS SECURITY FOR THE NOTE. ~ r € ~ IN WITNESS WHEREOF, Borrower has excuted and delivered this Mortgage on the date first stated above. E S+gned, sealed and delivered in the presence of: i a f `s ~ ~ , 1 ~ ~ W.~e~ - ' ~R ~ JUANITA LLER ~ ' ~ ~ Witness ~f~~ WAYNE MILLER 5 `90 J~N 29 A11 ~20 I021908 6K STA7E OF FLORIDA F{LE~ nhn 2~ c~:~~ ~ COUNTY OF BREVARD ~O~1G! t. ~ ul~(Glr . - . _ ; Execution of the foregoing instrument was acknowledged before me this ~ day of JA\'UARY , ~ t9~, by.~. ~~3At~T'_rA MILL.ER, ~N UNREMARRTF.n WTDp~ttd i ~ - ~ . . : ; ~ ~ ~ ~ - ~ Notary liC ~ (jF~'h1C~lafAR1AL SEAL) ~ ~ ~L ' My Commission expires: - , . - ~ ~ NOTARY PUBUC. STATE OF FLORIDA. ^ ~a~ ~,~r ; D p[1"~~ r n~ MY GOMMISSION EXRIRES: FEB. 13. 1992. `1I~ • BOOMO ( FA6E e0NDC0 iN?U 1/~iT4q~ pUBLIC UF:OFRW.t1r[Rg~'°^~°^ V _ J . _ . . ~ . _i:~~:~. T a~.~~.. . ~x p '3~'"+.'?"Z"ed.'. Y.4r`-,~',f'~„"+:'~ 'a'~`y:.