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HomeMy WebLinkAbout1372 20. That Mortgagor w~ll not permit any other I~ens to be hled against the said premises and ~t any such liens are filed Whether paramo~nt or subor- nate to this mort~age. Mortgagor wilt have or cause to be had said liens discharged immediately. 21. Mortgagee shall have the right to charge Mortgagors account with Mo~tgageetor the interest and principal payable as provided ~n the promissory note as such becomes due in accordance therewith. 22. If the Mortgagee requests, Mortyagor hereby covensnts and agrees that Mortqagor will furnish the Mortgagee annually from the date of the r„ortgage instrument, unless some other date isagreed to betwaen the parties in writing, a certified audited tinancial stetement ot the Mortgagor and ennual complete operating statements of Mortgagor. lf the Mortgagors fiscat or calendar year shall not coincidewitA the date herein specified then the datewhich the Mortgag8e shall specify shell be Controlling. Mortgagor shail supply Mortqegeewith such other Financial statements as Mortgagee mayfrom time totime request. 23. It is agreed that nothing herein contained nor any transaction related thereto shalf be construed ar so operate as to rsquire the Mortgagor to pay ~^?erest at a rate greater than it is now lawful in such case to Contraet tor, or to make any payment or to do any act contrary to law; that if any clauses or ;,ruv~sions herein contained operate or would prospectively operate to invalidate this Mortgage or said Note in whole or in paA, then such clauses and provisions ony shall be held tor naught, as thougA not herein contained, and the remainderof this Mortgage shell remein operative and in fullforce and effecL 24. If all or any part Of the mortgaged proDerty shall be damaged or taken through condemnation (which term when used in this mortgage shall in- ~ iude any damage or taking by eny governmente! authOrity, and any transfer by private sale in lieu the?eot~, eithgr temporarily or permanently, the ent~re ire- ~.!ebtedness secured hereby shafl, at the option of the Mortgagee, become immediately due and payable. The Mortgagee shall be entitled to all compensation. awards, and other paymenis or reliet therefor and is hereby authorized at its option, to commonce, appear in end prosecut~ in its own or the Mortgagor's name, any action or proceeding relating to any Condemnation, and to settle or Compromise any cleim in Connection therewith All such Compensation. awards, damages, claims, rights of action and proceeds and the right thereto a~e hereby assigned by the Mortgagor to the Mortgagee, wi~o, after deducling tharefrom all its expenses, including attorneys fees, may release any monies sa received by it without aHec:inq the lien of this mortgage or may apply the sa me in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and to any prepayment charge he~ein provided, and any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments Ot any compensations, awards, damages, claims, rights of action and proceeds as the Mortgeges may require. 25. In the event this mortgage is junior and interior to any other mortgage and/or lien on the abovadescribed real property, and ihis mortgage is given w ~th full knowledge of such superior mortgage and/or lien, that said superior martgage and/or {ien will be paid by Mortgagor in accordance with the terms and conditions ihereot without regard to eny grace period as contained there+n and failure to make said payment will constitute an automatic default in this mort- gage a~d the whole of said principal sum seCUred hereby shatl immediately become due and payabte at the option of the Mortgagee. Additionally, the defautt ~n the pe~formance ot any of the terms, provisions, covenanis, or agreements contained in any superior mortgage and/or lien, o~ the commencement of any act~on to foreclose any said superior mortgage and/or lien, shall constitute an automatic default in thi~ mortgage and the wholeof said principal sum secured rereby shall immediately become due and payable at ihe option of the Mortgagee. 26. This mortgage shall be construed as a secu~ity agreement under the Florida Uniform Commercial Code. 27. Uther provision5: 1 0 2 2 3 2 8 '90 ,1AN 30 P t ~0~~ r ILt C~ i<i Cl~;~ DOUGLA.~ ~J1XGN l : S1 LU~;?? ~NT Y. , ; i IN WITNESS WHEREOF, the Mortgagor has executed these presenis under seal the day and year first above wrltten. i ~ t/i. . ~ ~i' {Seaq ! Ri ard J. Cote eorrawer ~ / ) ~ ISeal? ~ . Laurette C. Cote Borrower C ~ INDIVIOUAL ACKNOWLEDGEMENT I f ~ ~TaTE OF FLORIDA 1 ~ :ss ~ COUNTY OF St Lucie ) . ; _ The foregoing instrument was acknowledged before me this lfith day of January ;ry~1~_~` ~ ~~ir., . _ 90 , by Richard J. Cote a~d Laurette C. Cote .6,., ~ j i~ . i • ' ~ '.":y Commission expires: ~ ~ V~ s ~ ~ ~ ,c`• ' y ~ r ' - '~qy oUgLtC STATE ~F FLORIbA pTARY PUBL ~ • CG!hMIS5I0N EXP. DEG.20,1993 " ~ ! f ~ ~ ~ ;'i~t~D THRU GEHERAL INS. UND. • L:, CORPORA7E ACKNOWLEDGEMENT , ~ Q~~Ok { ~ ~ ~ , 'f.,~ ::TATE OF 1 . ~ S~At~ ,a~ . +li++tut~t : SS i~~' .i. • CCIUNTY OF 1 ~ ' The forego~ng instrument was acknowledged before me this day of _ . and € 1 9_ , by ~ f ~ ~ ~espe~trvely President and Secretary ot ~ ~ _ , a _ corporation, on behalf ~ of said corporation. Commission expires: NOTARY PUBLIC ° R 6 I~ PAGE 13?2 3 ~ BOOK ~ ~ P :~~w