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HomeMy WebLinkAbout0691 ~ i 2. To Iea~•e w~ith thr mortgagre during the existcnce of aiid notc any abst~act ot titic (urnished to the mort- ; gagc~. ln the event of any lorc~:losure s:?le h~~reunder the morf~;afi~r ma~~ deliver such abstract to the purchaser i at such sale and it shall tx~con?e the pro~xrty of such purchaxr. 3. To {~ay (a) beforc the same tx•come delinqucnt, all taxcs, a.~ssrnents, water and othcr chargcs u~~on o~ against the premises or upon or a~ainst this mort~;a~e or s:~id note, levi~~c1 or a~rsscd in F lorid.i; and (b) an~• other char~;es, lirns, or encumbrances w•hich shal! ap~xar t~ Ik a lien prior to ih~• lien of this mortKage uE~on the premise.~ or the buildings or othcr fixtures thcreon. ln de(ault ther~~f, the mortfiaRee may. without dcmand or notice. either (a) ~~.1y and discharge the same, or (b) n~ay~ a~~~xar in any actiun for the enforcement thereof and defend or settle the s:?me, and its detennin~tion ss to th~~ validit~~, prioritp and aiuuunt thercot shall tx biriding t~pon the mort~agor. ~ 4. To k~~cp such buildings and other tixWres u{wn the premises insumci a~ainst such ha~:uds and in such amounts as mav bc rcyuin-d b~• thc nu~rt~;a~;~~. All E~licii•s<~f insur.inc~ :ind thc rcnc«•.~Is th~r~~~i sh:ill bc ~~•~itten upon forms and in com~k~nies ~.~tisf:?ctory ta the inort};a~;~~c, tx~ nride ~?ayal,le, in c.~str uf I~ss, to the mort~a~ee, ' and shall, with preuiiums fully ~?:~id b~• thr mort~ay;or, lx• d~•liv~rc~ci at li•ast fihc-en (1S) da~•s ix~fore the expiratiun of any old policy, to the mort~;as;ec• and held by it. In dr(ault there~?f, mortfia~;ee may procurr such insurance ; and pay thc prcmiums therc~n. ~ i In case o( loss, mort~;agee is authorizcd and em~~oHered at its opti~~n to collect and receive the procec~s from any s~rch policy, and aftrr dc~ducting from such insuraure procec~is an~• exjxnses incurreci b~~ it in the a~llection or handling tliereof, to apply the nrt proc~tids. at its cl~rtion, either to thr restoration of the proExrty d:~mafi~~ or as a credit on an~• portiun of thc unp.iid balancc of said note whether then matured or to mature in thr futurc. S. To commit or permit no ~~•aste on the premises, to keep the buildin~;s and other fixtures themon in ~;~md condition and rrp.iir, and to cultivate and (ertilize any~ improveci pasture on thr premises in a gc~c1 husl:andlike manner. In default thercof, thc~ morty;a~ce may at its option remcdy any wastc or make any rc~x~irs and its de- termination as to the advisal~ilit~~ or nca:~sity thercof shatl bc bi~din~ on the mortRa~or. 'I'hc mortgaqce is hcrcby auihoriied to enter upon and take Ews~•ssion of the premises for such pu~, 6. To pay thc mort~agcr, immcdiatcl~• and w~ithrnit dcmand, all sums w•hich it shal) pay or expcnd pursuant to the provisions of Yaragraphs 3, 4 and 5 atw~•e, including cost of any tide evidence and reasonable ~?ttorne~•'s fecs, t~;cthcr w•ith intrrest therc~n from date c?f cx~~enditure until ~~aid at the rate of ten pcrccnt (10%) ~~cr annum, and if not so paid b~• the mortga~or, all such sums shafl I~e added to the debt and secured hereby. Z'he ••,,~.••t h~. ~R~. ~.,~th..~:~.~ ~w~r~t nr ~mT!l1VPP~ [11;1V (•T)tPf 11flnT :1i1fI incrx~ct the premisc~ at anv s••r- . - rcasonat~lc time. . 8. The net proceeds o( any judgment, aw•ard or settlement in any condemnation or other proccyYlin~; for any dama~e to the premises, buildin~s or other fixtures thereon, s}:all be paid to the mort~aRce and sh:ill, at its option, cither be applie~c3 as a crcdit on any ~~ortion of the unp.-?id balance of said note, ~rhether then matured or to mature in the future, or be releas~d to the mortgagor. 9. The mort~agec shall be subrogated to the licn, notH•ithstanding its relcasc of record, of any prior ~•endor's lien, mort~;aRe or other encumbrance on the premises paid or dischar~ed (rom the proceeds of said note. 10. The mort~:t~ee, at the reyuest of mort~a~or, may from time to time and veithout notice, execute and dcli~•cr partial releases of any part of the premis~~s from the lien of this mortgage w•ithout af~ecting eithcr the personal liability of an}~ person liable for the payment of said note, or the lien of this mortgage upon the remainder ~ of the premises for the full amount of the note then remaining unpaid. The ri~hts of any subsequent purchaser. of any junior. lienholder or of any other Exrson or cor~oration ~n all or any part of the premises shall be subject to such ri~ht of the mortga~ee to execute and dcliver such partial releases as aforesaid. ! 11. The entire det~t secured hereby shall, at the election of the mortgagee and Nithout notice or demand, become immc~diately due and pa}•able and this mort~age may be foreclosc~ci in the event of ~a) any detault in the pa~~ment of an}-~itistallnient of principa) or interest on s:iid note or in the keepin~ and {mrformance of any of the covenants or a~reements hereunder, or (b) if th~ mortga~or, ~•ithout first obtaining wntten consent of the mort- ga~;ee thereto, shall assi~;n the rents or am~ part thereof, from the premises, or shall consent to the cancellation or surrendcr of an~• Irasc o[ the premises or any part thercof, now existing or hereafter to be made, and having an unrxpircd term of onr }~ear or morc, or shall maiif~- any such I~asc so as to shorten the une!cpired term thereof, or so as to decrease thc amount o( rent ~~.zy-able thereundcr, or shall in any other manner impair the value of the p:em- isrs or ihe sccurity of the mort~;a~;c~ for the payment of the debt hereb}~ secured. 12. In the e~•ent of anv forcclosure hereof- (a} The mortgagor shall pay all costs and ex~?enses therrof, induding the cost o[ an~- title evidence and reasonable attorney's fees, w-hich sums, i( not paid t~efore suit is commenced~ shall be added to the dcbt and secured hereby; (t~) The mort~a~ee shall ~~~ithout notice be entitled to the appointment of a receiver to take charge of the m~rt~:+s;ed pro~~ertt•, to c~>Ilect the rents, issuc5 and pmfits therc•from, and to care for same, without j~r~n-in~; insoh•enc}• or an~• ~;rounds for ertraordinary relief, and the mortgagor hereby rnnsents to such aE~Ewintment, and such ap~ointment shall be made by the court ha~~in~ junsdiction thereof as a matter ri:;ht to the mortc;a~;e~r and ~~•ithout refer~nce to the adequac}• or inadeyuacy of the security or to the s~1~~enc}~ ur insol~enc~- u( the mort~;agor. 13. The transfer of thc rcnts, i~:ues and ~~rofits from thc prcmisc•s, herrinatwvc made, is specific in nature and irrevocahl~•. ti~~ IunL as no d~~fault exists in the ~r.i}~ment of s:iid note or in the kee~~inQ and periormance oi mort- fia~;or's curenants her~~under, the rnorts;a~or m:~}• collect and retain ~he currrntly iiccruin~ rents, issucs and profits as [he~~ accrue, l~ut in no event in ad~•ance of th~•ir normal accrual date. In the event, however, of any such de- fault, mort~;a~;or herel~~~ erpresslt~ and irnr~~~~cably authorizes aud em~x~~~•ers the mort~a~;ee, itsa~;entsora[torneys. at its electiun and ~~~ithout notice t~? nu~rt~;a};ur, and as ihe apFwinted agent of mort~a~or, to: (a) Take immcdiate ~wssession af and maintain full contro! and m:ina~ement over the premises; (b) Oust tcnants for nonpa~•mcnt of rent; (c) Lease all or any part of the premises on such terms as mort~aRee may deem advisable; (d) ~take alterati~~ns or repairs H•hich mortfiagee may deem advisable; (e) Recei~•e alf rrnts and oth~~r income trom the premises and issue receipts therefor. Out of the amount or amounts so received, mortgaRee shall pay the necessary operating expenses, ineluding a reasc~nable charRe for mana~inR the pmperty, and shall then apply the nct ~alance remaining in such manner as it may in its sole discretion deem advisable u~n any sums, advances or any other ~rtion of the indebted- ne~ s~•currd hereby, and then render any overplus to mort~agor. ~lortgagee shall be accountable only [o the extent that such r~~nts and inrnme are actually coll~rted. - , . . r~ . ~ )i.C ~ ~\~1~