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HomeMy WebLinkAbout0236 2. To leave with the mortgagee duri~g the existence of said note any abstract of title furnishecl to the mort- gagre, In the event of any forectosure sale hcreunder the mortgagee may deliver such abstract to the purchaser at such sale and it shal! become the pro{~erty ot such pucchascr. 3. To pay (a) before the same become deli~quent, all t~~xes, assessntenta, water and other charg~s upon or against the premises ar upon or against this ntortgage or said note, levicd or assesse.~d in H lorida; and (b) any othec charfics, liens, or encumbrances which shall aEipear to be a lien prior to the lien ot this mortgage upon the pr~mis~~s or the buildings or other hxtures thcreon. I~ default thcreof, the mortgafiee may, without demand or notice~, either (a) pay and discharge the same, or (b) may ap~ar in any action for the enforcement thereof and de[end or settle the s.1me, and its determination as to the validity, priority and amaunt thereof shali be binding upon the mortgagor. 4. To keep such buildings and other fixtums upon the premises insured against such haaards and in such amounts as may be rc~uired !~y the mortgagee. All policies of insuranc~ and the reneH~als thereof shall be «•ritten upon fornis and in companic~s s.ltisiactory to the mortgagee~ be mzde ~~a~~able. in c:ise of loss, to the mort~;a~;~~, and shall, ~~~ith premiums full~~ ~k~id by the mortgaror, be delivered at Ieast fifteen (15) days before the expiration of any old poticy, to the mortgagee and held by it, In default thereof, mortgagee may procure such insurance and pay the premiums thercon. ln case of loss, mortgagee is authorizec3 and empoH•ered at its option to collect and recei~e the proceeds from any such policy. and atter dc~ducting from such insurance proceeds an}~ exExnses incurred by it in the coll~~ction o~ handling thereof~ to appl}~ the net procceds~ at its clcction. either to thc restoration of the property damagrd or as a cr~~dit on an}~ port~on of the unpaid balance of s;1id note Khether then matured or to mature in the future. 5. To oommit or perntit no waste on the premisc~, to keep the buildings and other fixtur~s thereon in ~eod condition and repair. and to cultivate and fertilize any improved pasture on the premises in a good hushandlik~ manner. In default thereof, the mortgagee may at its option remedy any wasie or make any repairs and its dc- termination as to the advisabitit~~ or neccssity thereof shall be binding on the mortgagor. The ntortgagee is herrby authorized to enter upon and take possession of the premises Eor such purposcs. 6. To pay the mortgagee, immediately and K~ithout demand. all sums H~hich it shal) pay or expend pursuant to the provis~ons of Paragraphs 3, 4 and 5 above, including cost of any title evidence and reasonable attorne~~'s fees, toficther a ith interest thereon from date of expenditure until paid at the nte of ten percent (10%) per annum, and if not so paid by the mortgagor, all such sums shail be added ta the debt and secured hereby. 7. The mortgagee. by any authorized agent or employee. may enter upon and inspect the premises at any reasonable time. 8. The net proceeds of any judgment, award or settlement in any condemnation or other proceedin~ for - any damage to the premises~ buildings or other fixtures thereon, shail be paid to the mort~agee and shall, at its option. either be applied as a creclit on any portion of the unpaid balance of said note, whether then matured or to mature in the future. or be released to the mortgagor. 9. The mortRagee shall be subrogated to the lien, notw•ithstanding its rclease of record, of any prior ~•endor's lien, mortgage or other encumbrance on the premises paid or discharged irom the proceecis of said note. t0. The mortgagee, at the rcquest of mortgagor, may from time to time and w~ithout notice, execute and deliver partial releases of any part of the premises from the lien of this mortgage without afiecting either the , personal liability of an~• person liable for the pa~~ment of said note. or the lien of this mortgage upon the remainder of the premises for the full amount of the note then remaining un~~id. The rights of ael• subsequent purchascr, of an~~ junior lienholder or of any other person or corporation in all or any part of the premises shall be subject to such right of the mortgagee to execute and deliver such partial releases as aforesaid, ~s 11. The entire debt secured hereby shali, at the election of the mortgagee and without notice or demand, ~~become immediately due and ~~yable and this mortgage may be foreclosed in the event o[ (a) any defauit in the ~ pa~•ment of an j• installment of principal or interest on said note or in the keeping and periormance of any of the co~•enants or agreements hereunder, or (b) if the mortga~or, w•ithout first obtaining w•ritten consent of the mort- gagee thereto, shall assi~n the rents or any part thereof, from the premises, or shall consent to the cancellation or surrender of an~- Icase of the preinises or any p:trt thereof, now existin~ or hereafter to be made, and havin~ an unexpired term of one }•ear or more, or shall modify any such iease so as to shorten the unexpired term thereof, or so as to decrease the amount of rent pa~•able.thercunder, or shall in any other:mantier impair the valuevf the prem- ises or the security of the mortgagee for the payment of the.debt herrb)' secured. - 12. Ir~ the event of ar~y forectosure hereof- - • - , (a) The mortgagor shal! pay ali rnsts and'ex~ienses therc~of, includinq the cost of an}~ title evidence and reasonable attorne~•'s iees, W hich sums, if not paid hefore suit is commencecl, shall be added to the debt and secured hereby; . (b) The mortqagee shal) without notice be entitled to the ap~intment of a receiver to take charge of the ~mortfia~rd property, to mHect ~the rents: issues and profits [herefrom, and to care for same, u•ithout provinq insolvenc~• or any. grounds for extraordin~r~• relief, aad thc+ mortga~or hereby oonsents to such appoiatment, and such appoiqtment sh~ll be macle hy ~the cpurt having jurisdiction thereof as a matter of n~;ht to the mortga~ee and w•ithout reTerence to the adeyuacy or in~idcyua~}; of the securit~ or to the soirenct~ or insoh•ency of the mot't~aRor. ' ' • 13. "Che trans(er of thr rents, i~sues and profits from the premik~s, hereinat~ve madc-, is spe~cific in nature and irrrvoc;it~te. So lon~ as no drfault ~xists in the pa~-merit o( s;~id note or in the keti~pinq and perlormance of mort- Ra};or's co~-enants hrreunder, the mnrtLaQor ma}- collect :ind retain the curr~•ntl~- accruinx rents, i~ues and protits as thr~- accrue, but in no e~•ent in ad~-ance of th~~ir normal accrual date. In the event, how•r~•er, of any such de- fault, mort~agon c~reby expressl}~ ancf irrevocab(y authorizes and ~m~~K~ers the inort~a~ee, itsa~entsorattorne}•s, at its el~ction and u~ithottt notice to rnnrt~a~or, and :is the ~pEwirzted agent of mort~a~;or, to: (a) Take immediate possc~ssiun of and maintain futl control and manafiement over the premiscs; (b) Oust tcnants for non~h~~~-nent of rent: (c) Lcas~• all or am• t~~rt of the premises on such tcrms as mortgagee ma}• deem ad~•isahi~~; (d) \take altentions or repairs W-hich mortgagee may deem advisable; (e) R~•c~i~~r al! rents and other inrnme from the premises and issuc receipts therefor. Out of the amnunt or amounts so received, ntort~agee shal! pay ihe necessary o~erating expenses, includinR a reasonable char~e for manaRing the property, and shall then apply the net balance remaining in such manner as it ma}- in its sole disc~etion deem advis~ible upon any sums, advances or any other portion of the indebtrd- ness secured hereby, and then render an~• averpius to mortqa~or. ~tortgagee shall be accountable onl}• to the extent that such rents and income are actualir• rnllected. eo~K2UU F~~~ ~~6 ~ ~ ~ ~ _ 4 ~ . f ° ~ .-c-c,;,,.,,s, t~'~ ~a~s ~ 3 5, ~ ~,.N- ~ . . .i' ~ws-~~ ~ ~~`"~g ~~.'s~~~' '~..?~.x*,~~.~.., e ~.,.,..k - - ~ --`r r ,,~~-r~-'-w` . . . ~ ~~-S -~z.:.'s~,. ~~°Sa