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HomeMy WebLinkAbout0510 i ~ +uY~ounl lo pay ruch chargcy wheo due slu+ll be pnid by Morlgi~gor to Mortgugec, on den~und. If, hy r+~ason of any delaul~ by Mottga~or u~det any pmvision ol thu MoMaa~e, Mortgasee declnre~ all iums aecured hereby to be due and puyable, Mortgagee may then apply any funds in ~aid acc~unt ngain~t ihe entire indebted~eas aecumd hetehy. The en(on~eability ot tbe covenanta relati~ to 1a:er. a~menb and insuranre prsmiuetu hsrein otbervrise provided sha11 not ba aftected except ~ insofar as tbws oWigetioar havs heen met eom lianc~s with thia ! bY P Para~redi. Mortga8ee may trom time to time at ita option waivs. nnd stter any suc6 wuiver reimtate, any or al! provision~ bersut requirins such dspoaib, by notice to MortRu6or ia writins. WhI1e sny wc6 waiver is in et(ect. MortRagor sball pay ta:ea, ae~easmenb and insurenca premiutm as heeein ebewhee~s pwvided. . 4. To promptly pey a11 laue~ and aas~.wmeots ueeessed or (evied under and by virtue of any state, tederal, or municipel I !aw oc regutatioa hereatter pewed~ aaain~t Mortsa;ee upon ti~ia Mori~s or ihe debt hereby iecured, or upon ib i~tereat under thu Mortaase, peovided however, t6et tM total amount ao paid tor any such ta:es purauaat to thia paru~raph toget6- er with ?be intere~t payaWe o~ said indebtedne~s abup not euceed tbe hiabe~t law[ul rate ot intere~t in Ftoridu and provided further that in the even/ oi t6e pauase ot aqy wch law or re~utetion imposios a tas or awe~sment against Mortsegee up- on this Mortgage or the debt secured hernby, ihat the entire indebtedneas secund by thia Mortg,+ge ehall thereupon be- come itnmediately due and payaMe at the optio~ ot Mortgagee_ 'j'v nizi. u...~~~ D..+~,~sl~. :woa~rri ,~rninat I[~.a nr damete 6v Ce'e. ilqd l111 Petlls tilsured ugAlnst 1)y 8n elc- tended co~~erege endonement, at~d auch othet risb and petils as Moctgagee in ib discretion may requin*. The policy or policie~ ot such inwraaee ahall be in t1~e fotm in generai use trorn time to time in the locality in which !he Mo~tgaged Property i~ ~eituat.ed, abal! be in such amount as Mort8H8~ may reasonably require. shall be issued ny a company or companiea approved by Mortgagee, and ahall rnntaia a atandard mortgagee clause with loaa payable to Mortgagee, When- ever required by Mortgagee, suc6 policias. ahall be delivered immediately to and 6eld by Mortgagee. Any and all amounts received by Mortgagee unde~ any ot suc6 poiicies may be applied by Mortgaaee on the indebtednws decused bereby in eucb menner as Mortgaaee may, in ib aole discretion, elect or, at the option ot Mortgagee~ tt~e eotire amount eo received or any paK thereot may be released. Neither tbe application nor the teleaee ot any such amounta shalt cure or waive any detault_ Upon e:ercise ot the powet of eale given in this Mortgage or other acquiaition ot the Mortgaged Property or any per! there- ot by Mortaa~ee, such poticies abaU beco~ the absolute property ot Mortgagee. ? . 6. To fitst obtain the written coneent of Mortgagee, such consent to be granted or withheld at the sole diacretion oi Mottaages, betore (a) removina or demoliahina any buildina now or herea(ter erected on the premisea, (b) altering the arran6ement. deaisn or structural character thee~eat. (c) makins any repaics which inwlve the removal o( atructu~al parta or the e:powre ot We interior of such buildin~ to the elements. (d) ruttina or removing or pera~ittina the cutting and re- moval of any trecs of timber on the Mortaa6ed Property~ (e) removing or e:changing any tangible pereonal property which is pert o[ the hiortgaged ptoperty. ot ~f) eatering into or modilying any leases ot ttie Mortgaged Property. _ 7_ To maintain the Mort6aged Property in good condition and repair. including but not 1'united to the makins of aach repairs aa Mortaa~ee may from time to time determine to be neceaeary for the preservation oi the Mortga~ed Property and , to not conunit or permit any waste thereot. ' 8. To comply with all Iaws, ordiaancea~ regulations~ covenanta, conditiona and restrictiona atfecting the Mortgaged Property, and not to sufter or permit any violation thereof. . 9. It Mortgagor fails to pay any claim, iien or encvmbraace which is superior to thia Moetgage, or when due, any tas or a,sseasment or inaurance premium, or to keep the Mortgaged Properiy in repair, or shail commit or permit waste~ or i( there be commenced any action or proc~eedina atfecting the Morigaged Property or the title thereto, or the intereat ot Mortgagee tberein, inciuding.~but not limited to, eminent domain and bankruptcy or reorganiretion proceedings, then Mortgagee, at ita option, may pay aaid claiut, lien, encumbrance, taz~ aa~easment or premium, with right ot subrogation ~ thereander, may malce such rep,airs and take such stepa as it deems adviseble to prtwent or cure auch waste, and may appear in any such action or proceeding and retain eouneel tfierein, and take auch action therein as Mortgagee deems ad- visabie, and [or any ot such purpos~ Mortgagee aisy advasice auch aume of money, inctuding sU costs, reaeonable attorney's feea and otber items ot e:pewe aa it deems ~eecessary. Mortgagee a6all be the aole judge of tbe legality, validity and priority ot any such claim, lien, encumbrance, ta:, aaeesment and ptemium and ot the amount neceaeary to be paid in eatiafaction thereot. Mortaaaee shall aot be held accountable tor any de18y in makin~ any auch payment, which delay may result in any additional intereat, costs. c6arges, e:pensea or othe~wise. 10. I4iortgagor will pay to Mortgagee, immediately and without demand, all auma o( money advanced by ~biottgagee to protect t6e eecurity 6ereof pu~suant to thia Mortgage. including all c~oete, reasonable atiorney a tees and other items ot expense, together wilh interest on each such advancement at the highest lawful rate of interest per annum in the State of Florida, and al! auch aums and interest thereon ahall be secured hereby. ll. All sums o( money secured hereby ahall he payable without any relie( whatever from any ~~uluation or nppraise- ment laws_ 12. It de(ault be made in payment of any instalment oi principal or intereat oi the Note or any part thereo[ when due, or in payment, when due, or any other aum serurrd hereby, or in performance of any of Mortgegor a obligationa, coven- ants or agreements hereunder, al! of the indebtedr~esa secured bereby aha11 be~~ome and be immediately due and payable at the option ot Mortgagee, without notice or demand which ure hereby ezpreasly waived~ in which event Mortgagee may avail itself of all righta and remedies, at law or in equity. and this 1liortgage may be forecloeed with all righta and remedies af[orded by the laws ot Florida and Mortgagor ehatl pey ali costs, charges and e:penaea thereot, including a rnasonable attorney's tee. including all aich coeb, e:penses and attorney a teea tor any retrial~ rehearing or appeala. The indebtedn~e eecured hereby ahaU bear interest at the higheat lawtul rate ot inteteat per annum in the State of Florida from and atter tl~ date of any such detault o( Mortgagor_ It the Note provides for inatalment paymente, the Mortgagee may, at ita option, collect a late charge not to e:ceed two cents tor each ane dollar not paid to the Mortgagee when due, to reimburse the Mortgagee tor e:penses in rnllecting and eervicing such inatalment paymenta. ' 13. If default be made in payment, when due, of any indebtedness aecured heeeby, or in pertormance o( any of Mortgaaoi s oblisations, covenanta or agreement hereunder: (a) Mortgagee is authoriaed at any time, without notice, in its aole discretion jo enter upon and take possession of the Mortgaged Pmperty or any part thereof, to per(orm any acts Mortgagee deems necesaary or proper to consen~e the ~ecurity and to collect and receive all renta, issuea and protits thereof, inetuding thoee paat due as well aa thoee aecruing ' therea(ter; and (h) Mostgagee shaU be entitled, as a matter of strict right; without notice und ezparte; a~ without regard to the value or ocrupency ot the security, or the solvency of Mortgagor, or the adequacy ot the Mortgaged PropeHy as security for the Note, to 6ave a receiver appointed to enter upon and take poeeeaeion ot the Mortgaged Froperty~ coUect tbe rents and _ profits theretrom and apply the esme aa the court may direct, auch receiver to have all the righta and powers permitted under the (aws of Florida. In either wch case. Mortgagee or the re~eiver may also take poaseasion oI, and [or these pur{~oaea use, any and al) persona! property which ia a part of the Mortgaged Property and ueed by Mortgesor in tbe rental or leseing thereot or any part thereot. The e:pense (including receiver's feea, cbunsel Eeea, costs and egent's rnmpensetion? incurred pursuant to the poweis 6erein contained shall be ~ecured 6ereby. Mortgagee shail (atter payment ot a!I casts and ezpenses inctirred) -2- ROOK ~ 1 PRCE . ~~.Q . _ ~ ~ , ~ . - ~ - - - _