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HomeMy WebLinkAbout0377 i . i . . ~~crount to puy such chury~es when due ahall be pnid by Mo~tgugor to Mortgagee un d~raand. If~by.r~~un o! t~oy de(aul~ by Mortgagor under any pcovision ot this Mortgage, Mottgugee decleres aU sunu necured hereb~ td be due and +~ay»l,le, MorigaRee may then apply anv tunda in u?id nccount ugainst the entire indebtedneas secuted herehy. The e~forcrability of the covenants relati~ to tuxes. uekesment~ and insurunce premiums herein otherwise provided ehall ~ot be attected except inso(ar as those obligations have been met by compliance with thia paragrnph. I?1ortRagee mny irom time to time at its ~ option waive~ `at~d atter any such waiver r~einsfate~ any or uN provesioru . hereot requiring $uch deposit~, by notic~e to ' Mostgaaor in writin~. While any sucb wai~~er is in ettect, Mortgagor af~all pey ta:es, ea~easmen4 and insurence {>remiums na herein el~ewhere provlded. 4_ To promptly pay all taxea and x~nents uesesaed or levied under and hy viriue oi a~y state, tederal, or muniri~xil law or regulation t~ereafter pxssed. aguiast Morigagee upon thia Moetgage or the debt heteby~eec~ured~ or upop ita entereat under this Mortgage. provided 6owever, thai the tota) amount so paid for any such tuxe~ purauant to this parsigraph togeth- er with the intere$t payable on said indebtedoeas ahall not exceed the higheat lawtul rate ot interest ih Florida and pmvided turiher that i~ the event ot the paasage o[ any auch luw or rngulation impo+sing a ta: ot assessment against ib[ortga~cee up• 0o this Mortgs~ge or the debt secured hereby, that the entire indebtedness aecund by ihis Mortgage ahal) thereu>>on be- rome immediately due and payable at the option ot Mortgagee. 5. To keep the Mortgaged Pmperty ineured agaimt loes or dnmage by fire, and all perils insured against by an e:- t tended rnverage endoreement, and such other risks arid perila as Morigagee in ita discretion may require. Th~ policy or ~liciea of euch inwrance shall be in the tortn in general uae (rom time to time in the locality in which the Mortgaged Property is situated, ahall be in such amount as Mortgagee may teasorwbly require, shull be issued by a com~wny or companies approved by Mortgagee, end ahall contuin a atandard mortgagee clause with losa payable to Mortgagee, When- ever required by Mortgagee, such policiea, shall be delivered immediately to and held by Mortgagee. Any and sll amounts ~ received by Mortgagee under any of such policies may be applied by Mortgagee on the indebtedness secured hereby in such _ manner as Mortgagee may, in ita soie discretion, elect or, at the option ot Mortgagee, the entire amount ao rECeived or any part thereot may be released. Neither the application nor the release of any such amounta ahall cure or waive any detault. Upon exercise of the power of sale given in this Mortgage or other acquisition oi the MortRaged Property or any part there- ~ of by Mortgagee, such policies sha11 becom@- the absolute ptopeHy of Mortgagee. { 6. To tirst obtnin the written conaent of Mortgagee, such consent to be granted or withheld at the sole discretion of Mortgagee, before (a) removing or demoliahing any building now or hereafter erected on the premisea, (b) altering ihe ~ ~rrangement, design or atractura) charaMer thereof, (c) making any repairs wliich involve the removal ot strvctural parta or the e:posure ot the interior ot such building to the elements, (d) cutting or removing or permitting the cutting and re- moval ot any tre~t or timber on t6e Mortgaged Property, (e) removing or e:changing any tangible persona_I property which is part of the Mortgaged Property, or (f) entering into or maditying nny leases ot the Mortg~ged PropeHy_ y. To maintain the Mortgaged Property in gc~od condition und repair, including but not iimited to the makinR ot such repairs as Mort6agee may from time to time determine to 6e necessary for the presenation ot the Mortgpged Properiy and to not commit or permit any waste thereoi. 8_ To comply with all laws, ordinances, regul:?tions, covenants, conditions and restrictions attecting the Mortgaged ~ Property. and not to aufter or permit any violation thereof. 9. IF Mortgagor fails to pay any claim, lien or encumbmnce which is su~~erior to this Mortgage, or when due, any la: or asaeasment or insurance premium, or to keep the Mortgaged Property in repair, or ahaH commit or pernnit waste, or it there be commenced any action or proceeding attecting the Mortgaged Property or the title thereto, or the interest of Mortgagee therein, including, but not limited to, eminent douwin and bankruptcy or reorgani~ation proceedioga, then Mortgagee, at its option, may pay said_ claim, lien, encumbronce, ta:, aaqesament or premium, with right of subrogation thereunder, may make such tepairs and take such steps as it deems advisable to prevent or cure such w:iate, and may appear in any surh action or proceeding and retain rnunsel tfierein, and take such action therein as Mortgagee-deems :~d- visable, and (oc any ot such purEwsea Mortgagee may advunce such suma oi money, including all costs, reasonable attorney's feea and other items of eYpense ae it deems necessary, Mortgagee shall be lhe sole judge of the lega[ity, validity and ptiority ot any such.claim, iien, encumbrance, tax, assesament and premium and of the amoant ne~~seary to be paid in satistaction thereof. Mortgagee ahal! not be beld accountable for any delay in making any such payment, which delay may result in > any additional intereet, costs, chargea, expense~a or ot6erwiee_ 10_ tilottgagor will pay to Mortgagee, immediately and without demand, ~II suma of money advanced by Mortgagee to ptotect the serurity hereof pursuant to this Mortgage, including all costs, reasonable attorney's (ees ~nd other items of expense, together with intereat on each such advancement at the highest lav~•(ui rate ot interest per annum in the State of ~ Floridr~, and al) such sum4 and intereat thereon shal! be serured hernby. ~ ll. All sums of money secured hereby sha11 he payable without .my relief whatever from any valuation or :~pprnise- men! laws. ~ 12. If detnult tae made in payment ot any inslalment o( principal or intetest of the Note or any part thereo( w~hen ~ due, or in payment, when due, or any other sum secured hereby; or in performance ot s?ny o[ Mortgagor's obligations, coven- : unts or agreementa hereunder, all of the indebtedness aecured hereby shall hecome and be immediatety due and payable at the - ol~tion of Mortgagee, without notice or demand which are hereby ezpiea9ly waived, in which event Mortgagee may a~ail itsel( - of al! rights and remediea, at law or in equity, and this Mortgage may be toreclosed with all rights and remedies atforded by the laws ot Florida and Mortgagor shnll pay all costa, clwrges and exper?aes thereof, including a reasonable attorney's tee. including all such costs, expensea s~nd attorneyb (ees for any retrial, reheating or eppeals. The indehtedne~ secured hereby shall bear interest at the higheat lawtu! rate ot interest per annum in the State of Florida (rom and atter the date bf any ~ such detault of Mortgagor. I( the Note provides tor instalment ~yments, the Mortgagee mny, at ils option, colleet a late ; charRe not to ezceed two cents (or each one dollar not paid to the Mortgagee when due, to mimburse the MortgaRee for expenxes in collecting and servicing such instalment payments. 13_ If detault be made in ~ ~ayment, when due, o[ any indebtedness secured hereby, or in performance ot any ot ~ MortQagor'a obligations, covenants o~ aRreement hereunder: (a) Mortgagee is authorized at any time, without notice, in its sole discretion to enter upon and G~ke porsesaion of~ the Mortgaqed Property or any part thereo(, to pertorm any acts Mortgagee deems neressary or proper to conserve the ; security and to collect and receive a11 rente, iasues end pmtits thereot, including those past due as well as thoee acrruing ~ : t erea(ter: and ~ (b) 111ortgaqee ahall be entiNed, as a matter ot atrict right, without notice and ezparte, and without regard to Ehe ~ value or occupancy of the aecurity, or the solvenry o( Mortgagor, or the adequacy of the Mortgnged Property as security /or ~ the Note, to have a receiver appointed to enter npon and take pas~eseion of the Mortgaged Property, rnllect t6e renta and ~ profite theretrom and apply the same as the court may direct, such receiver to have all the rights and powets permitted = under the law3 of Florida. t tn either such case, Mortgagee or the receiver may also take ~wssession of~ and for ihrae purposes use, any and a!! ~ peraonal property which ia a part of the Mortgaged Ptoperty and used by Mortgago~ in the renta) or leaseng thereof or ~ any part thereof. The expenee (including receivera teea, ca~nsel teea, coeta~ and agent's compensation) incurred puisuant . to the powera herein contained ehall be aecnred hereby. Mottga6ee shall (aiter payment ot all coab and ezpenses incurred) ~ -2- ee~K~79 ?~ncr 3'~'j ~ ~ ~