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HomeMy WebLinkAbout0431 t . ` , , ~ account to {~sy such charyiee Mhen due shall t~e puid by Mort~uugor to I~lurtgasee on demaod. • It, by cua~oa ot uny de(uull : by ~[~dRaaor unJar any provisio~ o[ this Mort~e. Mo~ases declares all sums secured bcreby to be dtx and psyabie. ~ ! Mortgasas may tlwa apply any Tunds i~ seid account aaainst the entire iodebtednqs pecured hereby. The entorceAbility of ~ the covenaeta relatins to tase~. arewnents and inwrance premiums herein otherwi~e pwvided sl?s11 ~wt be Aftected ~cE.'M i i~motar as tl~oee obliaatioas have bee~ met by com{~lianos witl~ this par~r.iph. Mortsaeee mny from tirne to time at ib optiot? ~rtuve. at~d atter any such waiver reinstate. any or all provisions l~eroo[ requiri~ such dsposib, by ~wtiee to Morlsasor ia writins. While aay wch waiv~er u in effect, Mo~isa~or ~all pey ta:es. ea~ae~b and inwrance premiums as he~ein e4ewbers pwvided. 4. To promptly pay aU tases aad aseeasmenta a~esed or levied und~?r and by virtue ot any state. tederal. or municipal ; lav. or regulation hereufter passed, aBainst Mortgagee upon this Mo;4sa`e or the debt hereby secure~i. or upoa ib intrreat i under t6is Mottaaae, p[ovided however, t6at t6e total aawuat so paia tor any wch ta~ces puixuant 1o this para8raph toseth- ~ er with 1be iateewt payable on said indebtedness ebaU aot e:ceed thn higt,est faw(ol ra*.e ot interest in Florida aod provided s further that in the event ot tbe psssase ot eny wch law or reaulation in~posing a taz or asse~u~eni aaainst Morigagee up- " f on this Mortgage or the debt secured hereby, that the entire indebtedneas secured by thia MortgWCe ahall [hen.w{wn be- . , come immediacely due and p~yable at tbe option ot Mortgagee. 5. To keep the Mort~ed Property insured against loas or damaee by [ire. and all pprils iruured against by an ex- tended rnverage endorseme~t, and auch other riska and perila as Mortgagee in its discretion may require. The poticy or policies ot such insurance sliatt be en the torm in genernl use itom time to time in the locality in which t6e Mortsa6ed Property ia situated, ahaU t~e in such amount aa Mortgagee may reasonaWy require, sl~all be iasued by a rnmpa~y or companiea appmved by Mort;agee~ and ehaU contain a standerd modBaBee clauee with loas payable to Modgagee. Wheo- ever required by Mortgagee. such policies. shall be delivered immediately to and held by Mortgagee. Aay and aU amounta received by Mortgagee under any of wc6 policiea may be applied by Mortaagee on the indebtedneas secured hereby in such ! manner as Mortgagee may. in its eole discretion, eleM or, at the option of Mortgagee. the entire amount so received or any part thereot may be released. Neither the application nor the release o[ any auch amounta shall cure or waive any default. Upon e:ercise of the power ot sale givea in this Mortgnge or other acquisition of the Mortgaged Property or any part fhere- of by Mortgngee. auch policies shall become the a6eolute pmpedy ot Mortgagee. 6. To Grst obtain the written consent of Mortgagee. such consent to be granted or withl~eld ~t the aole disceetion of Mortgagee. betoi+e (a) removin6 or demolishing any building now or hereatter erected on the premisea. (b) alterin~t the arrangement, deaign or structural character thereof, (c) makin6 any repeirs which involve the removal ot structural parta or the exposnre ot the interior of such buildina to the elementa, (d) cutting or removina or permittins the cl~tting and re- moval of any treea or timber on the Mo~t6aged Property, (e) remaving or e:changin6 any tangible pereonal pmpertY which is part oi the Mortgaged Property. or (i) eatering into or modi(ying any leuses of the Modgaged Property. To maintaiss the Modgaged PropPrty ia Bood condition and repair. including but not limited to tbe makin~c o( eueh ! I~ repaiis as Mortgagee may (mm time to time detemiine to be necessary for the preservation of the Mort~Caged Property and to not commit or permit any waate thereo{. To rnmply with all laws, ordinances, regulations, covenants, conditiona and restrictions at(ecting the Mortga6ed Property. and not to autfer or Qer~nit any violation the~eo7. ~ 9. If Mortgagor tails to ~x~y any claim, lien or encumbrarn~e which is superior to this Mortgage, or when due, any ta: or aase~ament or inaurance premium, or to keep the Mo~tgaged Property in repair, or shaU commit or permit waste, or it ~ there be oommenced any action or prooeeding atfecting the Mortgaged Propedy or the title thereto, or the interat ot Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorgan'u.ation proceedings, then f Mortgagee, at ita optioq may pay said claim. lien, encumbrance, ta:. assessment or premium, v~-ith right ut subrogation f thereunder, may rnake such repairs and take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action or proceeding aad retain coun~el tfierein, and take such action therein as Mortgagee deems ad- visable. and tor any o( such purpoees Mortgagee may advance such sums of money. including all costa, ressonable atlorney's feea and otLer items ot e:pea.~e as it deems necessary. Mortgagce s6a11 be tbe sole judBe oi the legality, vaLdity and priority of any such claim, lien, eacvmbrance, taz, a~essment and premium and o( the amount necr~sary to be peid in satisfaction thereoi. Mortgagee shall not be held accoantable for any delay in making t~ny suc6 payment, which delay mav result in any additiona! interest, coata, charges, ezpensea or otherwise. 10_ Mortgagor will pay to Moctgagee, immediately and without demand, all sums ot money advanced by Mortgagee to proteci the security hereoi purauant ta this Morigage, including all costs, reasonable attorney's tees and other item4 of e:pense, together with intetest on each such advancement at the highest lawful rate of interest per annum in the State of Flurida, and all such sums and interest t6ereon shall be secured hereby. I1_ All suma of money secured hereFry shall be payable without any relief whate~~er from any ~•aluation or appraise- ment laws_ _ ' 12. . It detault be made in payment of any instalment o[ principal or interest ot the Note or any part thereof when ( due, or in payment, when due, or any ot6er sum secvred hereby, or in performance ot any ot Mortgagor s obligationa, coven- anta or agreements hereunder, aU o[ the indeMedness secured hereby shall bea~ome and be immediately due and payable at lhe option of Mortgagee, without notice or demand which are hereby e:pre~slp waived, in whic6 event Mortgagee may avail itself of all rights and remedies, at law or in equity, and this Mortgage may be(orecloeed with all righta and remediea attorded by the laws ot Florida and Mortgagor shall pay aU costa, charges and e:penees theraot, including a reasonable attorney's fee, including all such costs, expensea and attorney's fees for any retrial, rehearing or appeals_ The ihdebtedness secured herebY ahall bear interest at the higheat lawful rate of intereat per annum in the State of Florida fmm and after the date o[ any suc6 detault ot Mortgagor_ It the Note pcovides tor instalment payments, the Mortgagee may, at its option, collect a late c6arge.not to e:ceed two centa for each one doUar not peid to the Mortgagee when due, to reimbu~se the Mortgagee tor expenses in rnllecting and servicing such instalment payments. " 13. If detault be made in payment, when due, ot any indebtedness se~vred hereby, or in performance of any ot Mortgagoi a obligetions, c~venanta or agreement hereunder: (a) Mortgagee is aut6oriud at any time~ without notioe, in ita snle diacretion to enter upon and tnke po~session ot the Mortgaged Property or any ~art t6ereo(, to pedorm any acts Mortgagee deema necessary or proper to rnneerve the s~.~urity and to coliect and receive all renta, issUes and profits thereot, including thoae past due as well as those aecruing thereatter: and (b) Mortgagee shall be entitled, aa a matter of atriM right~ withont notic~ and ezparte, and without re8ard to the value or occu}~ncy of the aecurity, or the solvency of Mortgagor, or the adequacy of the Mortgagod Property as security tor the Note, to have a receiver appointed to enter upon and take possession of the Mortgaged Pmperty, c~ollect the rents a~ pmfita tberefrom and apply the same as the rnart may direct, such receirer !o have all the righta and powers permitted E Uf1dCi t}IC ISNB OI FIOri~. In either ~ch caee, Mortgagee or the receiver may alao take po~session of. and for the9e ~rpoees use. anY and all peraonai property which ia a part of the N.ortgaged Property and ~~ed by Mortaagor in the rental or leasing thereof or any park thereof. T6e eupense (includins receiver's feea. ooa~el feea,_costs and agent's compensation) incurred pursuant to the poweis 6etein rnnteined ehall be r~ecured hereby. Mortgaaee shali (after peyment of all costa and ezpenses incnrred) k ~ ~3 . _2_ sooK~~ i . . .