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Home My WebLink About0385 r - . ti . . ~ u~Y•uunt to ~~y such churges whe~ due shall he {u~id by MurtKugor to I1lorlgugee un demund. If, hy rratccm any di•luull t~y Mortgngor undr~ ~~y provisian ot this Mortgage, Morig,+Ree decla~es all sums secund he~hy to he due i~nd ~~:~yuble, rto~c~u~~e ~y the~ aN~~~y any tunds in e++id un~ounl t~Ruinat the entire indebledness secumd hemhy. The enlorceability o( the covenanta reuiting to li~:es, iis~eeamenta and inaurunce premiums herein otherwise provided shall ~ot be a((ected except insotar as lhaee obliRatiuna have been met by compliaoce with thia parxgraph. I?1o»gagre rrwy trom time to time ut ita option waive, and n(ter any aurh waiver reinatnte, any or all provisions hereot requiring such de{~osite, by notic~e to Mortgagor in writinR. While any such waiver is in eltect, I~lortgngor ahall pay texes, a~nenta and insurance premiums ns hetein elsewbere pmvided. 4. To promptly pay all taxes and i~~xsmente ussesscd or levied under and by virtue o( uny state, federsl, o~ munici{~1 Ww or regutation hereafter paseed, agains/ MoriguBee upon ihis Mortgage or the debt hereby secu~ed, o~ upun ita inta~reat under this Mottgage, provided however, that the total amount f?o ~id [or any auch taxes {wrouant to thia par.~grapb togelh- er with the intereat {wyable on said indebtedness shall not e:ceed the highest lawtul rate o( in/erest i~ Floridu und provided further that in thc event of the pasasage ot any such law or regulation impoaing a ta: or assessment againat Morigagee up- on thu Mortgi~ge o~ the debt eec-ured hereby, lhat the entire indebtednees sei'ured !~y this 111ortguge shall lhemu~Mn be- come immediutely due und payable at the option ot Morigagee. 5. To keep ihe Morigaged Properiy inaured ueainat lo~s or dnmage by fire. and all perila insured againat by an ex- tended co~•er~ge endoraement, and such other risks and perils s~s INortgngee in its discretion may require. The policy or policiea ot such insurani~e ahall be in the form in general use from time to time in the locality in which the Morlgaged property is situated, ahnll be in such amount as Mortgagee may reasonubly require, ahal) i~e issued by a company or companiea approved by Mortgagee, nnd ahaU contain a atandxrd mortgugee clause with loes payable to Mortgagee. When- ever required by Mottgagee, such policies, slwll be delivered immediately to and held by Mortgagee. Any and alt amounts received by Mortgagee under any of euch policies may be applied by Mortgagee on the indebtednesa secured hereby in such ms~nner as Mortgagee may, in its sole discretion, elect or, at the option of Morigagee, the entire Amount ao received or any paH thereof may be released. Neither the application nor the release ot any such pmoants shall cure or waive any de(ault. Upon exemise of the power of sale given in this Mortgage or other acquisition ot the Mortgaged Property or any {~rt there- of by Mortgugee, such policies shaq become the nh~olute property ot Mo~rtgr~gee. 6. To (irst obtain ihe written consent of Mortgagee, sueh consent to Im granted or withheld at Ihe sole discretion of Mortgagee, be[ore (a) removing or demolishing any building now or here:~(ter erected on the_ ~~remises. (b) altering the arrangement; design or atructural character lhereo[, (c) making any repairs which im•olve the remo~•al of structural parts or the expoaure o( the interior of such building to the elements, (d) cutting or removing or permitting the cutting and re- moval ot any trees or timber on the Mortgaged Prap2rty, (e) removing or ezchnnging any tangible personz+l propertY which is ~uirt of the Mortgaged Pmperty. or (f) entering into or moditying any leases ot the Mortgaged Property_ 7. To mainlain the Mortgaged Property in Rood condition ~nd re~~air, inc•luding but not limited to the making of such repairs as Mortgagee may (rom time to time determine to be neces.~+ry tor the presen•ation of the AiortRaqed PropeNy and to not commit or permit any waste thereof. 8. To comply with all laws, ordinances, regulutions, crovenants, conditions and restrictions at(ecting the Mortgagecl Pro~~erty, iind not to sufter or permit any violation thereof_ 9_ It Mortgagor fails to µ~y any c~aim, lien or encumbrance which is su~~erior to this Alortgage, or when due, any t:~x. or assessment or insurance premium, or to keep the Mor~gaged Pro~rty in mpair, or shall commit or permil waste, or it there be coma?enced any action or proceeding a((ectir?g tl~e hiorigaged Property or the titie thereto, or the interest o( Mortgagee therein, including, but not limited to, eminent domain and bankruptcy or reorBaniu~tion proceedings, then Mortgagee, al its option, may ~y said claim, lien, encumbrance, ta:, assesament or premium, with right of subrogalion thereunder, n?ay make such repairs and take such ste~~s as it deems advisable to prevent or cure such waste, pnd may appe:~r in any such Action ur proceedinR a~ retain couneel therein, and take such action therein as lytortgagee deems ad- j ~•isable, and tor any of such purposes Mortgagee may advance such suma of money, including all costa, reason:ible attorney's ! fees and other items ot eYpenee aa it deema necess:~ry_ Morigagee ahall be the sote judge ot the legality, validity and priority ! of any such claim, lien, encumbrance, taY, x~exsment and premium and of the ~mount neresr~ary to 6e paid in satisfaMion ~ thereof. Mortgagee shxll not be held accountable for any delay in makinq any auc•h payment, which delay may result in ainy udditional interest, costa, charges, e:penses or otherwise. - 10. 1liortgagor w•ill pay to Mortgagee_ immediately and without demand, all sums ot money advanced by Mortg.iRee ' to protect the security hereof pursuant to this I~torlgage, including all ~~oats, reasonable attorney's tees and other items of e:pense, together with interest on each such advancement at the highest law(ul rate of internst ~~er annum in !he State of p Florida, and all such sums and interest thereon sh:~ll be secured hereby. • ~ 11_ All sums ot money Sec'ured herel~y shall i~e ~kiy~~ble without any m{iQ( vrhatever trom .tiny ~-aluation or :~ppraise- ~ ment laws. 12. if detault he made in p:i~ment of any instalment of principat or interest oi the Note or any part thereof when due, or in Erayment, when due, or ~ny other sum secured hereby, or in pertormance of any of Mortgagor's obligations, coven- ants or agreements hereunder, all ot the indebtedness secured hereby sh:ill t?ecome and be immediately due and payable at the option of Mortgagee, without notice or demand which are hereby e:pressly waived, in which event Mort~agee may avail itaelt of aU rights and rnmedies, at law or in equity, and this Mortgage may be toreclosed v?•ith all rights and remedies aftorded by !he laws of Florida and Mortgagar shall pay all costs, charges and expenses thereof, includinR a masonable nttomey's fee. including all such costa, ezpenses and attorney's tees (or any retrial, mhearing or appeals. The indehtedness secured hernby shall t?ear interest at the highest lawful rate of interest per annum in the State of Florida from and after the date ot any such detault o( Mortgagor. If the Note provides tor instalment payments, the Mortga~ee may, at its option, collect a late charge not to ezceed two centa tor each one dollar not paid to the ;liortgaQee w'hen due, to rnimburse the 111ortRaKee (or ex~~enses in ~•ollecting and serviring such instalment {~ayments. 13. If de(auit be made in payment, vvhen due, of any indebtedness secured hemby, or in ~~erformance of any ot ~ Mortgagor's obliRations, co~•enants or agreement hereunder ~ (a) Mortgagee is authorized at any lime, without notice, in its sole discretion to enter upon and take po~session ot the lltortgaged Property or any part thereof, to ~~erform any acts 1~lortgagee deems necessary or proper to c~onsen•e the ~ eecurity and to colleet and rereive all rents, issues and profi~g thernat, in~luding those past due as well ~s those accruinR therea(ter: and Ib) Mortgagee shall he entitled, ns a matter ot strict right, without notice and exparte, and without regard to the value or occupancy of the aecurity, or the solvency o( 1ltortgador, or the adequacy of the Mortgaged Property as secvrity tor ~ ~ the Note, to have a recei~~er appointed to enter upon and take ~wsses.4ion of the Mortgaged Property, collect the rents and profits therefrom and apply the ~ame as the court may dirert, such receiver to have ~Il the rights and powera permitted ~ under the laws of Florida. ~ In either such caee, Mortgagee or the receiver may also take ~oasession ot, and (or these purposes uae, any and all personal property which is a part of the ~lortgaged Property and uaed by Mortgagor in the rental or leasing thereoi or ~ any part thereot. The e:penae (including receiver s fees, counsel feea, costa and agent'a compensation) incurred pursuant ~ to the powera herein contained shall be eecured hereby. Mortgagee ahall fatter payment ot al) coats and eipenses incurred) ~ -2- 600K ~~~Q PAGf _ 38~ ~