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HomeMy WebLinkAbout0798 . . ~ , . ~ accout?t to pay wch charges when due ahall be paid by Modgagor to Morigagee on demand. If, by nwron ot aoy de(ault by Mort~or under any provisior? ot Wia Mortga=s, Mortgajes declare~ aU sum~ ~ecured heeeb~r to be due and Ewyable, Mortsaaee may then apply acry tunda in aaid accaunt aaain~t the entire indebtedness secured hereby. The enton~eability o[ ths covenaats setatin~ to ta:es. eir~s~sme~b a~d imurance premiuaa~ berein othervrire provided a6a11 not bs at(ected except • inwtar iu thwe obli6ations 6e~ve besn met by complieaos with t6is pae'asraPb. Mortsages eaay trom time w time at ita option waive~ ard atter aqy ~uch waiver reinstate. aqy or all pe~oviiiom bererri :€~:urina such depoaitsr by noties to MortaaBor in writi~. Wlule a~y auch waive~ is in et[oc~ Mortaa~oe shall pay ta:er. awe~aaneab and insuranes premiums as herein elaewbera provided. 4. To prompt~y pay all ta:e~ aad ass~menb aase~ed or levied under and by vidue ot a~y state. tederal. or municipal Iaw or regulation t~erea(tes passed. againd Mortgages upon ii?er :e:.va or tha debt hereby sec~red, or upon i4 interest uadec this Mortaa~~ Provided however. that ihe total amou~t so paid tor aqy such taue~ punuaat .to this pam8reph togeth- er with tbe iaterest payable on iaid indebtednesr a6a11 aot exceed tbe higt~est Isw[ul raie ot inter~t 'sn Floride and provided further thst in the event of tl~e paasage ot eny such law or n~gulation imposins a t~ or aweasment asainst blortgages up• on thia Mortgase or We debt eecured hereby. that We entire indebtedneas .ecured by this Mortgage shall thereupon 1?c- coate immrdistely ~°!`.!!I ~~j4~!~! n! 1~4e O~OA OE MOi~g8s8l. 6. To keep tbe Mortaaaed Propedy insured egeinst low or damege by fire. and all perib inwred against by an ea- teaded coverage endorsement. and wch other risks and perils as Mortga6ee in ib discretion may require. Tbe policy or policies of such insuranee ehall be in tbe fonn in g~eral we trotn time to time in the locality in which the Mortgaaed Pmperty is situated. ahall be in such amount as Morfg$gee may reasonably require. shall be iasued by a company or rnmpanies appmved by Mortgagee, and shall rnntain a atandard mortgagee clawe with lo~ payable to Mortgagee. When- ever required by Mortgagee, aucb policies, ahall be delivered immediately to and held by Mortgagee. Any and all amounte reoeived by Morlaagee under aqy ot such policies may be appiied by Mortgaaee on the iadebtednese aecur~d hereby. in such manner es Mortgagee may, in its eole discretioq elect or. at tbe option of Mortgagee, the entirs amount so received o~ any part thereof may 6a relesied. Neither the application nor ths release of any sucb amounts shall cure or waive any detault. Upon axerrise of the power of aale siven ia this Mortaaae or other acquisition ot the Mott~ed Ptoperty or anq part there- ot by Mortgagee. wch poUcie~ shall become tbe absolute propedy o[ Mortgasee. 6. To Grst obtain the written rnnsent ot Mortgagee, sucb•consent to be grented or withheld at the aole discretior. ot Mortga~ee. before (e) retnovina or demol.ia6ina any building now or hereatter erected on tbe premisea, (b) altering the arranaement, deai6n or structural c6aracter thereof. (e) makins any repairs which involve the removal ot structural parts or the ~posnne ot !he interior ot such building to the elemenb. (d) cuttina or removing or permittin~ the cutting and re- moval ot a~ry trees or timber on the Mort6a6ed Prope:ty. (e) removing or e:changing any tanaible peraonnl property which is part ot the Mortgaged Property. or _(f) eateting into or moditying any leasea oi tha Mortaaged Property. 7. To maintain the Mort~ed Property in ~ood condition and repair, inciuding.but not limited to t6e making of such repaira as Mortsagee maq from time to time determine to be r~ecesaary [or the preservation of t6e Martgaged Property and to not commit or permit eny waate thereof. 8. To rnmply wii6 ali lawa, ordinancea, tegulations, covenanta. conditions and reatrictions atfecting tl~e Mortgaged Property. and not to sutter or permit aqy violation Wereof. 9. If Mortgagor lails to pay any claim, lien or encumbrance w6ich is superior to thie Mortgage, or when due, any la: or e~eesment or insuranc~e premium, or to keep the Modgaged Property in repair. or ahall commit or permit waate. or if there be oommenced any action oc pm~.~e¢ding ai[ecting the Mortgaged Property or the tiUe thereto, or the intereat ot Mottgagee therein. includin6, but not limtted to. eminent domain and bankn~ptcy or reor8attization proceedings, then Mortgagee. at its optioq, may pey said claim. liea, encumbrance. ta:, aaseaement or premium. with right ot subrogation t6ereunder, maq make such repaira and tawt a:r6 steps ea i! dcems edviaable to pe+e~nent or cure such waste, and may appear ip anY such action or pmceedinB aad retain counsel therein, and take such action therein as Mortgaaee deems ad- viaable, and far any ot such purposea Mortgagee may advance auch aums of money, incladina all costs, reasonable aKorneY's fees and other items of e~enee as it deems neceasary. Mortgagee s6a11 be tbe eole judge of t6e legality. validity and priority of any such claim, lien, encumbrance. ta:, seee~sment and premium and ot the amount neceasary to be Paid in satiataction thereoL Mortgagee ahall not be heW accountable for any delay in makin6 any auch payment, which delay may reault in 'i any additional interest~ costs, charges, ezpeases or ot6erwise. - 10. Mortgagor will pay to Mortgngee, immediately and without demand. all sums oi money advanced by Mortgagee E ~ to protect the aecurity hereof pursuant to thia Mortgage. including all cost8, reasonable attorney's tees and other items of ~ e:pense, together with interest on each such advancement at the highest lawtul rate of interest per annum in the State ot ~ Florida. and all such sums and intereat thereon ahall be secured hereby. . k - ~ I1. AU aums ot money aecured herehy shall be payable without any relie( w6atever tmm any valuation or appraise- ment laws. 12 If detault be made in paymeat of any inatalment of principal or interest o[ the Note or any part thereot when due, or in payment. when due, or any other aum secured hereby. or in performance of any bt Mortgagor s obligationa, coven- ants or agreemente hereunder, all oi the indebtedness serured hereby aball beeome snd be immediately due and payable at the option of Mortgagee, without notice or demand w6ich are bereby eipressly waived, in which event Mortgagee maq avail iteeif o~ all rig6ts and remedies, at law or in equity. and thia Mortgage mey be forecloeed with all rights and remedies afforded by the laws of Florids and Mortgaaor shall pay all costa,.charges and ezpensea thereof, including a reasonable attorney a tee, including all wch coets, e:peneea and attorney's tcea tor any retrial, rehearing or appeala. 'The indebtedne~ secured herebY shall bear intereat at the 6igheat lawful rate ot intereat pes annum in t6e Stete ot Florida Irom and after the date of any snc6 default of Mortgagor. It t6e Note providea tor inatalment payments, tbe Mortgagee may, at its option. collect a late charge not to e:~eed iwo cents ior eacb ~ne dollar not paid to t6e Mortgagee when due. to reimburse the Mortgagee tor e:pensea in collerting and servicing auch inatalment p~yments. ~ 13. If default be made in payment. when due. of any indebtedneae eecured hereby, or in performance of any o[ Mortgagor's obligetions. rnvenanta or a8reernent hereunder: (a) Mortgagee is aut6orised at any time. without notice. in its sole discretion to enter upon and t~ke poseession ot the Mortgaged Property or any part thereof, to perform any acte Mortgagee deems necessary or proper to coneerve the se~vrity and to rnllect and receive all rents, iasuea and profita t6ereof~ including Woee past due as well as thoae accruing thereafter; and ~ (b) Mortgagee shell be entitled. as a matter of strict right, without notice and e~atte, and withont re8erd to the value or occupancy ot the eecurity, or the solvency of Mortgagor, or the adequacy of the Mortgaged Properiy as security tor t6e Note, to have a receiver appointed to enter upon and take poseeasion ot the Mortgaged Property, collec! the renta and profita tberetmm and apply the same as tbe contt msy direct, auch receiver to have all t6e rights and powere permitted ~nder tbe lawt of Fiorida. . In either such case. Mortgaaee or the rPCeiver may alao take poaseesion of. and tor these purpoees use, any and aU personal property which is a pad ot t6e Mottgased Property and used by Mortgegor in the rentel or leeaing thereof or any part t6ereof. T6e e:petue (includina receiver's feea, counsel tces. cosb and a8ent's oompensation). incurred pursuant to tbe pawers berein contained ~6aU be ~ecured bereby. Mortgsaee fhall (a[ter Pe3?ment oE aU cwts and e:peo~es incurred) -2- _ ~ go~~~3 ~E 795 . . ~ ~M~ _ _ . .~r. _