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Home My WebLink About0370 ~ , ~ i • ~ • • t ~ uccount to {x~y wch chunea whe~ due ehall be paid by Morts;~ar to Morisagee on demxnd. lf, by reasuo of nny detault ~ by Mortsaso~ under any pwv;sion ot thi~ Mort~tase, Morcaasee declares a~~ wms secured hereby co be due and payuble, ~ Mo~agee may then apply a~y tunds ia said ac~wu~t againN tl~e entire indebledndss sec~red hrreby.•The e~torceability ot j tbs coveos~b relati~ to toses. ae~eaunenb and iosura~ce premiuru~ hsrein otherwise provided shall not be affecled except i iasotar as tlw~e obli~atio~u bave bee~ met by complianos wilh this parasraph. Mortsasee may tcom tiau~ to time ut iU option waiv~s. and a(ter any sucb waiver reimtate. any or all pmvisions hsreof requirina wcb deposita, by notice to ~ Morigasor ia writins. While any ach waiver is in etfect, Mort~or at~all pay taxes. asiessmenb and in.surance ptemium~ us herein elsewhs~e provided. ~ 1. To prou?ptly pay all taues and asess~nenta asdeased or levied unc:er and by virl~e ot eny state. federnl. or muni~~pal - law or e~egulatioA beteatter pas+ed, aaain~t Mottaagee u{wn this Mortsage or the debt l~ereby ~ecured. or upon ita interest under Wis Mortgaae. provided however. that the tota! amouat ao paid for aay such la:es puisuant to lhis parnBruph togeth- er with tbe inteceN ~rayable on aaid indebtedness skall tat exceed We highest iawtul rate of intereet in Floride and pmvided iu~ther that ia tt~e e~~et?t of the Wuoaae ot any suc6 law or regulation imposing a taz ur a~aent asainst Morigagee up- on thia Mortaage or the debt secured hereby, that the entire i~debtedness ~.ecured by this Mortgage shall thereupon be- come immediafely due and payable at the option ot Morlgaaee. 5. To keep the Mortaaged Property insured agsinst loss or damaBe by fire, and alI perib insared against by an e:- tended coversge endorsement, and wch other risks and perils aa Mortga~ee in its discretion may require. The policy or policies oj +uch insurance ahall be in the form in general use Irom time to time in t6e locality in which the Mortgaged Pr~perty ia situated. shell be in such amount as Mortgagee [nry reaaonably require, shaU be iss~ed by a rnmpnny or compaaies a{?proved by Mortgasee, and sl~al! contsin a staadard mortgagee cluuse with loss payable to Mortgagee. When- ever required by Mortgagee. such policiea. ahal! be delivered immediately to and held by Mortgagee. Aay and all amounts ~eceived by Mortgagee under any o[ such policies may be applied by Mortgagee on the indebtednesa secured hereby in auch manner as Mortgagee may~ in its sole discretion, elect or, al the oplion of-Mortgagee~ the entire amounl ao received or any part thereof may be relp.ax~cl. Neither the application ~or the release o( any such amounts shall cure or waive any default. Upon e:ercise ot the power ot sale given in tkis '.Nostaage or other acquisition ot the Morigaged Property or any part ihere- of by Mortgaaee, such polici~ ai~aU become lhe abeotute pmpedy uf Mortgagee. . 6. To first obtain tue written consent of Mortgagee, such consent to be granted or withheld ~t the sole discretion o{ ~ Mortgagee. Lefore (a) removina or demolisl:in6 nny buildin6 now or hereafter erected on the Rremises, (b) altering the arran~emen~ desiBn or atruclural charaMer thereof. (c) makins any repairs which involve the removal c+f structural parta or the e:posure of the interior of auch building to the eiements, (d) cutting or removina or permittina the cutting and re- . moval o[ any treea or timberon the Morigaged Property, (e) removing or ezchanging any tangible personal propertY which is part of the Mortgaged Property. or (f) eatering into or modifying any leases of the Mortgaged Property. 7. To maintain the Mort~ed Peoperty in good rnndition and repair. including but not limited to the makins o( such repairs as Mortgagee anay irom time to time determine to be necessary (or the preaen~aiion of the Mortgaged Pmperty and to not commit or permit ~ny waate theteof. " 8_ To comply with all laws, ordinancesy regulations, covenants, conditions and restrictions at(ecting the Mortgaged Property, and not to sut(er or permit any violation theteof. 9. If MorCgag~r fails to pay any claim, lien or encumbrance which is superior lo this Mortgage, or w6en due, any !ax or a~ea~rnent or insurance pcemium~ or to keep the Mortgaged Pmperty in repair, or shall commit or permit wpste, or it there be rnmmenced any action or proceeding atfecting the Mortgaged Pmperty or t6e title thereto~ or We interest o( Mortgagee therein, including, but not litnited to, eminent demain and b~nkruptry or reor8anization proceedings. then Mortgagee. at its option, may pay said claim, lien, encumbrance. tax. assessment or ptemium, with rig6t of subrogation thereunder, may make such repai~s and take such steps as it deema advisable to prevent or cure such waste, -and may appear in any s~ich aMion or proceeding and retain counsel tfierein, and take such action therein as Mortgagee deems ad- visaWe. and for any of such purpoaes Mortgagee may advance sucb euroa of rnoney, including all casts, reasonable attorney'a feea and other items of e:pense as it deems neeeaesry. Morigagce shall be the sole judge oE the leaa4ty, validity and priority o( any such claim, lien, encnmbcanc~e, txs, ass~ment and premium and ot the amount necessary to be paid in satisfaMion ' lhereo(. Mortgagee st~all not be held accouatable for any delay in making any s~uh payment, which delay may result in any additional interest, costa, c6argea, e:penses or othetwise. 10. Mortgagor will pay to ~tortgagee, immediately and without demand, ail sums of money advanced by Murtgagee E to QrotPCt the security ~ereof puzsuant to this _Mortgage, including all casts, rtiasunable attorney's tees and other items of ~ eupense, togethPr wit6 interest on eaeh such advr.ncement at the highest lawful rate o( interest per annum in the State ef Florida. and nll such sums and interest thereon sh~': be aecured hereby_ 11. All sums of money secured heret?y shall be payable without any rPlief whatever from any ~~aluation or appraise- ment laws_ - 12 I( default be made in peyment of any instalment of principal or interest ot the Note or any part thereot when due, or in payment, when due, or any other sam secured hereby, or in periormance of any of Mortgagor a obligatior.s, coven- ants or agreementa hereunder, all ot the indebtedness aecuted hereby shall beoome and be immediateiy due and payable at the option of Mortgagee, without natice or demand weich are hereby e:pressly waived, in w6ich event Mortgagee may avail itselt of all rights and remed~ea, at law or in equity. and this Mortgage may be forecloeed with a11 righta and remedies afforded by the laws of Flarida and Mortgagor shall pay all costs, charges and e=p~nsea theteof, including a reaaonable attorney a fee. including all such ca~ta, expenses and attorney's tees [or any retrial, rehearing or appeals. The indebtednesa secured hereby shall bear interest at tbe highest lawtu! rate of intetest per annum in the State of Florida from and atter the date of any such detault of Morigagor. It the Note provides for instalment payments, the MoTtqagee may, at its option, collect a late charge not to e:ceed t~+vo cents for each one dollar not paid to the Mortgagee when due~ to reimbutse the btortgagee tor ezpensea in collecting and aervicing suc6 instalment payments. 13. It detault be made in payment, schen due, of any inciebtedneas secared herebY. or in performance of any of Mortgagors obligations, covenants or agreement hereunder: ~ (a)_- Mortgagee is suthorized at any tiroe, without notice, in its sole discretion to enter upon and lnke po~eesaion of ~ the Mortgaged Property or any part thereof, to perform any actx Mortgagee deems necessary or pmper to cottserve the secvrity and ta eollect and receive all renta, issues and profits thereof~ including thuee past due as well as those acrruitrB thereatter; and - (b) Mottgagee ahali be entitled, as a matter of strict right, without notice and e~cparte, an+l wit6out regard to the value or occupency of the security, or the salvenry of Mortgagor, or the adeqnacy of the Mortgaged Propertyas security tor the Note, to have a receiver appointed to enter upon and take poeeession of the Mortgaged Property. collect the rents and profit~ therefmm and aPp1Y the aeme aa the coud may direct, such receiver to have all the rig6ta and powera permitted under the laws of Florida_ Irs either auc6 case, Mortgagee or tl~e receiver may also lake po~sesaion of, and for theee purpoeea use, anY and all personal propersy which is a part of t6e Mortgaged Property and used by Mortgagor in t6e rental or leasing thereof or any psrt thereof. The e:pense (including reoeivefs fees, caun+el fees, coala and ege~'s compensation) incurred pursnant to the powe~ herein rnntained ahali be secured hereby. Mortgagee s6a11 (after payment ot all costa and esPenses incurrea) -2- 8~~77 ~ ~70 _