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HomeMy WebLinkAbout0566 ~ . • account to pay such char~es when due ahall be 1 t ~ : .f paid by Mort~a~or to 1?lortgeaeo on demand. ~ It, by rex~en'of ~ny detuult by MoAg.~or under any provwoR ot this MortgaRe. Mortaases declara a1) suma secured heteby to be due ar~d payable. Mort~aaee may then apply any tut~ds in said account aaainst the entire it~drbtedneae ~ecured hereby. The enforceability of ' tbe covenaats relatiu~ to ta:e+. as~ewnenb and iawnnce peemiums berein othsewi~e provided shaN t~ot bs et/e..~ted except i iawfar aa tla~e oWi~ttiou~ hare been met by compliancs with tbis parasrnp~. Mottaages may trom tims to time at i4 optiut~ waive. and aiter any such wuiver reinstate. any or all provisions heroot requirins wch depo~it~. b~r notice to ` Mort~os in writi~. While aay auch waiver is ia ettect. Mortsasor ~bap pey tase~ aaase~me~ta and insurancs premiwns as hetein elrewMre provided. 4. To pcomptly pay sU ta~ce~ and asecetuer.ts arsessed or levied under and by vidue oE ar~y state. tederal. or municipal iaw ~r regulation hereeltes {aessed. aaainst Mortgagee upon this Mortasge or the debt hereby iecured. or upon its interest under thiu Mortgase, provided lwwever. t6at the total aawuat so paid tor any wc6 t~ea pursuant w this parugraph togeth• i er with the interest payable oa aaid indebtednees ehaU not e:ceed the highe~t Iawiul rate of interest in Ftorida and provided further t6at in tBe event of We paesase ot any such law or resulatiori irnpwina a ta: or asessn~ent agair~st Moctgagee up- j on this Mortgage or tbe debt secured hereby, that the entire indebtedneea secured by thia Mortgage shall thereupon be- ' come immediately due snd peyaMe at the option ot Mortgagee. 5. To keep t6e Mortaaged Propedy insured against loas or damaae by fiee~ and aU perils insured againet by an e~c- tended coverage e~dorsement, and auch ot6er riska and perils as Modgagee in its diacretion may require. T6e policy or policies ot such insuranoe shall be i~ the [orta in seneral we from time to time in tbe locelity in whicl~ tbe Mortga~ed ; Pmperty is situatcd, ahal! be in such amount as Mortgagee may reasonably require. shall be issued by a rnmpany vr i rnmpaniea apptoved by Mortgagee~ aad s6a11 rnntain a standard mortg3ge~• clause with loss payaWe to Mottgagee. W6en- ~ evec required 6y_ Mortgagee, suc6 policiea, ahaU be delivered immediately to and hetd by Mortgagee. Any and al! amounls received by Mortgagee under aay of auch policias may be applied by Mortgagee oti the indebtedness secuted herEby in such - manner as Mortgagee may~ in ita aole discretion. elect or, at the option of l~Iortgaaee~ the entire amount so received or any part Wereof may be released. Neither the application nor the retease o[ aay auch amounts shall cure or wai~~e any defaull. Upoa ezercise oi the power of eale 6iven in this Mortgage or otber acquisition of t6e Mortga6ed Property or any part there- o[ by Mort~ee, such poticiea ahall beoome !he abaolute property of Mortgagee. • 6. To firat obtain fhe wr'tten coneent of Modgagee. such consent to be granted or witbbeld at the sole diactetion ot s Mottaagee. bMfoi+e (a) removina or demoliahing any building now or hereatter etected on the premises, (b) altering the atranaemen~ c~esign or atrurtutal character thereof, (c) making any repaira which involv~ the removal of atructural parts or the espoeure ot the interior of such building to the elemente. (d) cuttin6 or removins or permittin6 the cutting and re- moval oi any treea or timber on the Mortgaged Property, (e) removiRg or e~cchanging any tangiWe personal property whic6 is par! of the blorigaged Property. or entering intu or modifying any leases ot thc Mottgaged Propedy. 7. To maintain the Mortgaged Property in good condition and repair, including but not limited to the makina ot such repairs as Mortgasee may fmm time to time determine to be necessary for the preservation oi the Mod6aged Property and to not commit or permit any waste thereot. - 8. To~comply with all laws, ordinances, regulations, covenants, rnnditions and restrictions aftecting the Mortgaged ~ Property, and nat to sutfer or permit any violation thereof. ~ - - , 9. If Mortgagor taila to pay any claim, lien or encumbrance which is superior to this Mortgage. or when due, any tax ~ or assessment or insurence premiam~ or to keep the .'~iortgaged Pmperty in repair, o: ahall commit or permit waste. or i[ there be commenced any action or pmceeding atfe.-ting the Mortgaged Property or the titie thereto. or the interest of Mortgagee therein, including. but not limited to. er. :•rnt domain and bankruptcy or reorganization proc.~iags, then Mortgagee; at its option~ may pay said ctaim. Uen, encumbrance, taz. asse~smeat or premium, with right ot subrogation ther~eunder, may make anch repaira and take such ateps as it deems advisable W prevent or cure such waste, and may appear in any auch action or proceeding and retain counsel t~erein, and take wch action thereir as Mortsagee deems ad- visable, and [or aay ot such purpoaes Mortgagee may advance suc8 sums of money, inciudins all costa~ reasonable attorney's tces and otbes items of e:pense as it deema nec~easary. Mortgagee a6a!! be the sole judge of the tegality, validity and priority - of any aucb claim, lien, encvmbrance, ta:, aasessment and premium and ot the amount neceseary W be paid in aatistaction thereof. Mortgagee ahall not be held accountaMe [or any delay in making any 'such payment, whic6 delay may resuit in any additional interest~ costs, c,'~argea, e:penaes or othe~wise. . lo_ l~ort~or will pey to More~ee, immediately and without demand, ap suasa o[ money advanced by Mortgagee to protect the aecurity hereof pursuant to this Mortgage~ including al) costs. res~onable attorney's feeg and other items ot ~ ezpez~e, together wilh inter~! on earh such advancement at We highest tawtul rate of interest per annum in the State ot Florida, and all such suma and interest thereon shall F?e serured hereby. . 11_ All sums of money secvred heret?y ahall be payable-without any reliet whatever Irom any valuation or apprai~e- ment laws_ 12 If detault be made in payment of any instalmeat ot principal or interest of the Note or any patt thereof when due, or in payment, when due, or any other sum secured nereby, or in periormance ot aay of Mortgagors obligations, rnven- ants or agreemenGs hereunder, all of the indehtedne~a eecvred ber+eby ahall become and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby e:presaly waived, in whic6 eveat Mortgagee may avail itselt of all righta and remedie~, at Iaw or in equity, and this Mortgage a?ay be foreclosed wiW all rig6ts and remedien atforded by the laws of F7orida and Mo~tgs~gor s6a11 pay all coats. charges and e:penses thereof, includeng a reasonable attorney'a fee. including atl such costa, eYpenses and attorney a teea tor any retrial, mhearing or appeala. T6e indebtedneffi aecured hereby shall bear interest at the higheat lawtul rate of interc~.t per annum in the State ot Flotida trom and atter the date of any suc6 detault of Mortgagor. If tbe Note providea for instalment payments, the Mortga6ee may, at its option, collect a late : charge not to eseeed two cents fot each one dollar not paid ta tbe l~tortgagee whea due, to reimburee the Mortgagee (or ezpenses in collecteng and aervicing such instalment Emyments_ 13. Ii default be made in payment~ when due, of any indebtedne~ aechir~ed bereby, or in pertormance of any ot Mortgagora obligations, covenanfa or agreement here~nder: - (a) Mortgagee ia authorized at any time, without notice, in ita sole diacretion to enter upon and take posseasion of t6e Mortgaged Property or any pad thereof, to perform any acta Mortgagee deems neceaeary or proper to conserve the eecurity and to rnllect and receive al! renta~ issuea and pmfits therenf, including thoae past dae as well us those acrruin6 therea(ter: and - (b) :biortgagee shall he entitled, aa a matter of atrict right, without notic~e ar~d ezparte, and without regard to the vabse or occnpancy of the eecurity, or the solvenry ot Mortgagor, or the adequacy of the Mortgaged Property aa security for ttie Note, to have a receiver appointed to enter upon and take posse~ion of the Mortgaged Pmperty~ rnllect the rents and profits theeefmm and apply the same as tiie rnurt may direct, such receiver to have all the rights and powera permitted under the lavrs of Florida. _ In eitber snc6 case~ Mortgagee or the receiver may alao take poseession ot. and for these pntpoeea use, any and all pereonal pmperty which ia a part of tbe Mortgaged Property and usc~ by Mortgagor in the reniai or ieaaiug t]~reof_ or any patt fhereof. Tfie e~en~e (includins receiver s feaa. caunsel feea, costs and agent's oompeasation) incurred puzsuant to the poweis herein contair~ed shall be secured hereby. Mortgasee s6a1! (after peyment ot ail costs and ezpeasea incaree~) - ~ K 5~ . v i ~ -2- BOOK PACE i ~