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Home My WebLink About0309 ac•t•oon< <o ~wy 6u~~h chn~gra when due ahalt I~e ~mid bv MurtKuRur to hlurtguKcr on d~•m.u~d. lf, by n•:~e~m u( uny d~•lault hy Morigugor under any proviaion at thia Mortqaxe, MartgnRc~cr declnres all sums secured hemby to he due and ~?:~yuble, Mortgagee mny then s~pply nny tunde in ~~id nn•ount aguinst the entire indebtedneea secureJ hereby. The en(orceability o( ihe covenants retutin~ to tnxes, useesan?enb and iosun~nce premiums herein otherwiae provided ahall not be atfected excopt inso(ar ns those obligations have been met by compliance with tAis paragraph. I?iortg~gee may from time to time at ita option woiee, ~nd nfte~ any such waiver reinataite, any or ull provisions hereof requirinR auch de~ita, by notice to Mortgugor in writing. While any euch wAi~~er is in e(tect, Mortgngor ehall pay te~xc~x, aseeasinents and insurnnre {~remiums as herein elsewhere provided. • 4. To promplly pay all ta:ea and uasessmente as~aed or levied under and 1?y virtue ot any stute, tecferul, or munici~~l law or regulation hereatter {wased, ugninat Mo~tgugre upon thie Mortgage or the deM hereby urured, or upon ita interest under thia Mortgege, provided however, thet the total amount ~o peid tor any such tnxea {xtrauant to this parugrapi~ togelh- er with the interest {u~yable on said indebtedness atwll not e:ceed the highest law(ul rute ot interes/ in Florida and provided further that in the event o( tl~e passage of any such law o~ mgulation imposing a ta: or aseeasment aguinst Mortgagee up- on this I~iortgage or lhe debt eecured hereby, th~t the entite indebtedness scrured hy this 111orlRaRe shall themu~x~n tK•- cnme immediately due and paynble at the optiun ot Mortgagee. 5. To keep the Mortguged Pmperty insured against loae or damage 6y tire, and all perila inaured againat by an ex- - tended coverage endoreement, and such other risks and perils as MortRagee in ita discretion may require. The policy or ~wliries o[ such insurance shall be in the torm in genern) uae trom time to time in the locnlity in which the Mortgnged Yroperiy is situated, ahxll be in such amount as Mortgagee may rensoni~bly require, shnll be iesued by a~ com{~:+ny or companies approved by Mortgagee, and shall contnin a standard mortgagee clause with lo~a payable to Mortgagee. When- ever required by Mortgugee, such policiea, aball be delivered immediately to and held by Mortgagee. Any and sU amounts received by 1liortgagee under any o( such policiea may be applied by Mortgagee on the indebtedness secured heteby in auch manner aa Mortgagee may, in its sole diacretion, elect or, at the option o( Mortgngee, the entire amount so received or nny part thereof a?ay be reieased. Neither the application nor the mlease ot any such umounts ahall curn or waive any detault. Upon e:en•ise of the power of aale gi~~en in thia Mortgnge or other acquisition ot the Mortgagcd Property or any part there- of by Mortgagee, such policiea sh~ll become the absolute ptoperty o( Mortg:~gee. 6. To (irst obtain the written consent of Mortgaigee, such ronsent to t?e Rrunted or ~withheld .d the sole diseretion o( . MortAaRee. before (al removine or demoliahine anv buildine now or herea(ter erected on the oremises_ (bl alterin¢ the arrangement, design or atruclural character thereof, (c) making any rnpairs which invol~~e the removal ot atructural parts or the exposure o( the interior of such building to the elements, (d) cutting or removinR or pennitting the cutting ~nd re- moval ot any treea or timber on the Mortgaged Property, (e) removing or e:changing any tangible personal property which is part ot the Mortgaged Property. or (t) entering into or modifying any leases of the Mortgaged Pro~~erly. 7. To maintain the Mortgaged Property in good condition and repnir, including but not limited to the making ot such re~~airs as MortgAgee may from time to time determine to he necessary for the preservation of the MortgnRed Properiy and to not commit or permit any waste thereof. 8. To rnmply with ull lawa, ordinancea, regulations, covenantx, crondiliuns and restrictions attecting the 1~lortaaRed Property, and not to suf(er or permit any violation thereof_ 9_ It Mortgagor faits to p:i~ any claim, lien or encambrance which is su~~erior to this Morigage, or when due, :~ny t:~x or asses9ment or insurance prnmium, or to keep the Mortgaged Property in repair, or shall ~rommit or pernnit waste, or if there be commenced any action or proreeding atfecting the Mortgaged Property or the title thereto, or the interes! ~of Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorganization proceedings, then Mortgugee, at ita option, may {x~y a~id claim, lien, encumbrance, ta:, assessment or premium, with right oi subrogation thereunder, may muke such repairs and take such ste~?s as it deems advis:ible to pre~•ent or cure auch waste, and may appear in any auch action or proceeding and retain counaei tfierein, and tsike such action therein as Mortgagee deems ad- visable, and for any o( such purposes Mortgagee may advance such suros ot money, including all costs, reaaon~ble attorney's fees and other items of e:penee ae it deema n~~ry. Mortgagee shall be the sole judge ot the legality, validity and priority ot any such claim, lien, encuml~rance, tsix, aasessment and premium and of the amount necessary to be paid in satiafaction thereof_ Mortgagee shall not be held accountable for any delay in makinR any such payment, which delay may result in j any additional interest, coata, chargea, e:pensea or otherwise. ~ 10. Mortgagor will p:iy to Mortgagee, immediately and without demand, all sums of money adv~ni-ed by MortBaRc~c• to protec•t the security hereof pursuant to thia 1liorlgage, including all cc?sts, rea~naMe attorney's fees and other ilems ot j exl~ense, together with interest on eac•h such advancement at the highest lawful rate of interest per annum in the State of Florida, nnd all such sums and interest thereon shall be secured hereby_ ~ 11. All sums o! mone~ ~•urecl hereb~ s6a11 he Ek+ys~ble without any relief wh~dever (rom.pay ~~alu•rti:?;rt,o[ •~PProise- ~ ment law•s. ? : . F ~.~.:::~.~t~-:. ~ . . . ,r- `'.~l~'~j ~~t`,~ 12. If default I~e made in ~yment o( any instalmeni of principal or inte~st qt tae,Note or an~y :p:trt th~FCOO~w§~~~. i due, or in ~a ment, w•hen due, or any other sum secured hereFn, or in ~erformance'oi~an o'f ~Man or's o6~i ~ I Y ! Y gs~B K~ions, c~yen- unts or agreements hereunder, all ot the indebtrdness secured hereby shall becom~~5i~•f~l~irilmediatery aue aiiH p~'aE~hw '`'v nnfin~ nf Mnr~~s~~vP. Wjthn~lf n~f~ra nr r~n~gna ~r}~jrh ~re he*P~Y psY•~..s4y waived. in whirh event Mort~a~ee may a~~ai! iteel( ~ o( aU rights and remedies, at lav? or in equity, and this Mortgage may tre (oreclosed with all righta and remedies a(forded by ~ the lawa o( Florida and MortRagor shall pay all costs, rhar~es and e:pen.ses thereof, including a reasonable attorney's fee. ~ including all such costs, ezpenses and atiorney's fees for ~ny retrial, rehearing or nppeals. The indebtedness secured hereby ~ shall bear interest at the highest lawtul rate ot interest per annum in the State of Florida from and after the date of any ~ such default of l~iortgagor. If the Note provides tor instalment payments, the Mortgagee may, at its option, collect a late ¢ charlte not to ezceed two cents for each one dollar not paid to the Mortgagee when due, to rnimburse the MortRagee tor ~ expenses in ~ollecting and servicing auch inatalment payments. ~ '13. It def~ult be made in payment, when due, ot any indebtedness se~vred hereby, or in performanre of any of y Mort~~gor e nbligations, coven:+nts or aRreement hereunder ~ Ia1 I~fortgagee is authorized at any time, without notice, in its sole discretion to enter upon and take possession of ' the biortqagcd Property or any {fart thereof, to perform any acta Mortgaqee deems necessary or proper to consen~e the ~ aecurity and to collect and receive all rnnts, issUes f~nd proti~4 thereof, including thoae past due as well :?s those acrruinR ~ thema(ter: and ~ x (b) Mortgagee shall be entitled, as a matter ot strict right, without notice and ez~rarte, anil without regard to the j value or occupancy ot the security, or the solvency of Mortgagor, or the adequacy of the Mortgaged Property as security (or ~ the Note, to have a receiver appointed to enter upon and take poasession of the Mortgaged Property, collect the renta and profitr therefrom and apply the same ~s the court may direct, such recei~•er to have nll the rights and powera permitted ~ under the lawe ot Florida. - Y ~ in either such c.-~se, Mortgagee or ttie receiver may :~lso take po~session of, and tor these purposes uae, any and all ~ peraonal property which ia a~rart of the Mortgaged Property and ueed by Mortgagor in the rental or leasing thereof or 4 any part thereof. The expense (including receiver's feea, counsel (eea, costa and agent's compensation) incurred pursuant ~ to the powere herein contained sha11 be secured hereby. Mortgagee ahall (atter payment ot all coste and e:penaes incurred) i ~ ' ' ~ -2- ~r . ~ l8 F,~r; ~ k ~ $ / ~ ~ R 3~ I ~ AF:~ LC:_ _ . . . . _ . '`i~~S